Constitution of the Republic of South Africa, 1993/2001-12-14

as amended by

Constitution of the Republic of South Africa Amendment Act, No. 2 of 1994 Constitution of the Republic of South Africa Second Amendment Act, No. 3 of 1994 Constitution of the Republic of South Africa Third Amendment Act, No. 13 of 1994 Constitution of the Republic of South Africa Fourth Amendment Act, No. 14 of 1994 Constitution of the Republic of South Africa Fifth Amendment Act, No. 29 of 1994 Constitution of the Republic of South Africa Sixth Amendment Act, No. 24 of 1994 Constitution of the Republic of South Africa Amendment Act, No. 20 of 1995 Constitution of the Republic of South Africa Second Amendment Act, No. 44 of 1995 Constitution of the Republic of South Africa Amendment Act, No. 7 of 1996 Constitution of the Republic of South Africa Third Amendment Act, No. 26 of 1996 Constitution of the Republic of South Africa, 1996 Financial and Fiscal Commission 1993 Constitutional Provisions Repeal Act, No. 96 of 1997 Repeal of Volkstaat Council Provisions Act, No. 30 of 2001 Termination of Integration Intake Act, No. 44 of 2001

Transitional arrangements: Public administration

236. (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.

(2) A person who immediately before the commencement of the new Constitution was employed by an institution referred to in subsection (1) shall continue in such employment subject to and in accordance with the new Constitution and other applicable laws regulating such employment.

(3) Subject to subsections (1) and (2), all powers, directions, orders, instructions or delegations which were in force in respect of an institution which immediately before the commencement of the new Constitution performed governmental functions as contemplated in subsection (1) shall, after the said commencement, continue in force for the purpose of the continued functioning within the contemplation of subsection (1) of any such institution, until cancelled or otherwise no longer in force in law.

(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.

(7) (b) Any reference in any law to the South African Police or any other police force (excluding a municipal police service) shall, unless the context indicates otherwise, be construed as a reference to the said South African Police Service.

(8) (a) The South African National Defence Force referred to in section 224 shall, subject to the new Constitution and any Act of Parliament, mutatis mutandis be governed by the Defence Act, 1957 (Act No. 44 of 1957).

(b) Any reference in any law to a defence force referred to in section 224(2)(a) or (b), shall be deemed to be a reference to the South African National Defence Force.

(c) If the number of the members of the South African National Defence Force exceeds the personnel strength determined in respect of the force design and structure for the Force, any member of the Force who, due to integration, consolidation and rationalisation of the South African National Defence Force is not accommodated in such force design and structure, shall be dealt with in accordance with a law.

(d) The continuance of membership of members of the South African National Defence Force referred to in section 224(2)(c) shall be subject to such members entering into an agreement for temporary or permanent appointment with the South African National Defence Force on or before 31 March 2002: Provided that such agreements shall be in accordance with normal employment policies and terms and conditions of service.