Page:Constitution Amendment Act 1993.djvu/4

6No. 14908

Act No. 82, 1993. Repeal of Part VIII of Act 110 of 1983

6. Part VIII of the principal Act is hereby repealed.

Amendment of section 99 of Act 110 of 1983, as amended by section 2 of Act 146 of 1992

7. Section 99 of the principal Act is hereby amended by the substitution for subsections (3) and (4) of the following subsections: “(3) No repeal or amendment or authorization to repeal or amend section 7(1)(b), (5) or (6), section 8(5), section 9(1) or (3)(a), section 14 or 15, section 16(1), section 19, 20 or 21, section 23(2), section 30, section 31(1) or (2), section 32(1), (1A), (1B) or (2) [(3) or (4)], section 33, section 34(2)(a), section 37(1), section 38(2), section 39(1) or (2), section 41(1), section 42(1), section 43(1), section 52, 53 or 54, section 64(3), section 67 [section 70(1), section 71(1) or (3)(b) or (c), section 77, section 78(5),] this subsection, subsection (4) of this section or Schedule 1 shall be valid unless the bill embodying such repeal or amendment or authorization to repeal or amend has been agreed to in every House by a majority of the total number of its members.

(4) A bill embodying the repeal or amendment of or authorization to repeal or amend any provision mentioned in subsection (2) or (3) of this section shall not be referred to [the President’s Council] a joint sitting for [its] decision under the circumstances contemplated in section 32(1).”.

Amendment of section 102 of Act 110 of 1983, as amended by section 11 of Act 105 of 1984

8. Section 102 of the principal Act is hereby amended by the deletion of subsections (11) and (12).

Pensions and other benefits payable to former members of President’s Council

9. (1) The State President may by proclamation in the Gazette determine the pension and other benefits or pension or other benefits payable to any person who was a member of the President’s Council immediately before the commencement of this Act or to the estate of any person who was a member of the President’s Council at any time since 27 September 1989 and who dies before the commencement of this Act.

(2) Such pensions and benefits may differ according to the offices held by members in the said Council, and according to the periods of office held by such members.

(3) The State President may, in order to give effect to any determination in terms of subsection (1), by proclamation in the Gazette amend or vary any law or any other rule of law.

Repeal of Act 103 of 1981

10. The Powers and Privileges of the President’s Council Act, 1981, is hereby repealed.

Transitional provisions and savings

11. (1) Notwithstanding the provisions of sections 70 and 74 of the principal Act, the President’s Council, as constituted at any time before the commencement of this Act, shall, for the purposes of the principal Act, be deemed to have been duly constituted at such time, and a meeting of at least one half of the members of the President’s Council at such time shall be deemed to have been a meeting of the Presidents Council for the exercise of its powers.

(2) Where any matters falling within the scope of the functions of the chairmen of any of the committees of the President’s Council have not been disposed of before the commencement of this Act, the said chairmen may, for two calendar months after the commencement of this Act, continue to perform such functions, and steps taken by such chairmen in connection with such functions, shall be deemed to have been taken in accordance with the provisions of the principal Act.