Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/146

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Schedule 6—Transitional Arrangements

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following paragraph:

“(k)

the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner;”.

2.

The amendment of section 219 of the previous Constitution by replacing in subsection (1) the words preceding paragraph (a) with the following words:

“(1)

Subject to section 218(1), a Provincial Commissioner shall be responsible for —”.

3.

The amendment of section 224 of the previous Constitution by replacing the proviso to subsection (2) with the following proviso:

“Provided that this subsection shall also apply to members of any armed force which submitted its personnel list after the commencement of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), but before the adoption of the new constitutional text as envisaged in section 73 of that Constitution, if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did participate in the Transitional Executive Council or did take part in the first election of the National Assembly and the provincial legislatures under the said Constitution.”.

4.

The amendment of section 227 of the previous Constitution by replacing subsection (2) with the following subsection:

“(2)

The National Defence Force shall exercise its powers and perform its functions solely in the national interest in terms of Chapter 11 of the Constitution of the Republic of South Africa, 1996.”.

5.

The amendment of section 236 of the previous Constitution —

(a)

by replacing subsection (1) with the following subsection:

“(1)

A public service, department of state, administration or security service which immediately before the commencement of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as “the new Constitution”), performed governmental functions, continues to function in terms of the legislation applicable to it until it is abolished or incorporated or integrated into any appropriate institution or is rationalised or consolidated with any other institution.”;

(b)

by replacing subsection (6) with the following subsection:

“(6)

(a)

The President may appoint a commission to review the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 April 1993 and 30 September 1994 in respect of any person referred to in subsection (2) or any class of such persons.

(b)

The commission may reverse or alter a contract, appointment, promotion or award if not proper or justifiable in the circumstances of the case.”; and