Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/138

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Schedule 6—Transitional Arrangements

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13.

The insertion of the following item after item 23:

“Additional ground for loss of membership of legislatures

23A.

(1)

A person loses membership of a legislature to which this Schedule applies if that person ceases to be a member of the party which nominated that person as a member of the legislature.

(2)

Despite subitem (1) any existing political party may at any time change its name.

(3)

An Act of Parliament may, within a reasonable period after the new Constitution took effect, be passed in accordance with section 76(1) of the new Constitution to amend this item and item 23 to provide for the manner in which it will be possible for a member of a legislature who ceases to be a member of the party which nominated that member, to retain membership of such legislature.

(4)

An Act of Parliament referred to in subitem (3) may also provide for —

(a)

any existing party to merge with another party; or

(b)

any party to subdivide into more than one party.”.

14.

The deletion of item 24.

15.

The amendment of item 25 —

(a)

by replacing the definition of “Commission” with the following definition:

“ ‘Commission’ means the Electoral Commission referred to in section 190 of the new Constitution;”; and

(b)

by inserting the following definition after the definition of “national list”:

“ ‘new Constitution’ means the Constitution of the Republic of South Africa, 1996;”.

16.

The deletion of item 26.

Annexure B

Government of National Unity: National Sphere

1.

Section 84 of the new Constitution is deemed to contain the following additional subsection:

“(3)

The President must consult the Executive Deputy Presidents —

(a)

in the development and execution of the policies of the national government;

(b)

in all matters relating to the management of the Cabinet and the performance of Cabinet business;

(c)

in the assignment of functions to the Executive Deputy Presidents;

(d)

before making any appointment under the Constitution or any legislation, including the appointment of ambassadors or