Page:Constitution Second Amendment Act 1992.djvu/2



GENERAL EXPLANATORY NOTE

To amend the Republic of South Africa Constitution Act, 1983, so as, with a view to further constitutional development, to empower the State President in certain circumstances to determine that certain matters which at present are own affairs of a population group shall be general affairs, and to take the necessary legislative measures for the smooth administration of such a determination by him; and to provide for matters in connection therewith.

(English text signed by the State President.) (Assented to 27 October 1992.)

E IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:―

Insertion of section 98A in Act 110 of 1983

1. The following section is hereby inserted in the Republic of South Africa Constitution Act, 1983, after section 98: “Measures in connection with further constitutional development

98A. (1) Notwithstanding anything to the contrary contained in this Act or any other law the State President may, if he considers it desirable in the interest of further constitutional development, by proclamation in the Gazette amend Schedule 1 from a date fixed by him and specified in the proclamation.

(2) If an amendment contemplated in subsection (1) affects a decision by the State President in terms of section 16(1)(a) that any particular matter is an own affair of a population group, the State President shall rescind that decision by proclamation in the Gazette as from the date referred to in subsection (1).

(3) A decision of the State President to act under this section is a general affair.

(4) As from the date on which the State President rescinds a decision in terms of subsection (2) the matter in question shall, notwithstanding anything to the contrary contained in this Act, be deemed to be a general affair.

(5) The State President shall, as from the date on which he rescinds any decision in terms of subsection (2), by proclamation in the Gazette―