Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/85

168   No. 15466

the chairperson or a member of a public service commission referred to in subsection (4), is not upon the abolition of such public service commission appointed to any provincial service commission,

the period of office for which such a chairperson or member has been appointed shall for the purpose of any applicable law regulating retirement benefits, be deemed to have been completed.

(6) Any reference in any law to the Commission for Administration referred to in subsection (3), shall be deemed to be a reference to the Public Service Commission.

Transitional arrangements: Assets and liabilities

239. (1) All assets, including funds and administrative records, which immediately before the commencement of this Constitution vested in an authority referred to in section 235  (1)(a), (b) or (c), or in a government, administration or force under the control of such an authority, shall be allocated as follows:

Where any asset is applied or intended to be applied for or in connection with a matter which—

does not fall within a functional area specified in Schedule 6; or does fall within such a functional area but is a matter referred to in paragraphs (a) to (e) of section 126  (3) (which shall be deemed to include a police asset),

such asset shall vest in the national government. Where any asset is applied or intended to be applied for or in connection with a matter which is not a matter referred to in paragraphs (a) to (e) of section 126(3), such asset shall, subject to paragraph (c), vest in the relevant provincial government. Where any asset referred to in paragraph (b) is applied or intended to be applied for or in connection with the administration of a particular law or the performance of a particular function in a particular area, such asset shall vest in the government to which the administration of that law is assigned, or is assigned in that particular area, in terms of section 235(6), (8) or (9), or to which the performance of that function is entrusted, or entrusted in the particular area, in terms of section 237. Where any asset cannot in terms of the aforegoing rules be classified with reference to a particular matter, law or function, or where there is disagreement between two or more governments, the advice of the Commission on Provincial Government shall be obtained, and any dispute shall be resolved with due regard to such advice. Parliament shall be competent to enact a law to facilitate the application of this section and to prescribe guidelines for the resolution of disputes arising from such application. All assets under the control of a police force shall vest in the South African Police Service.

(2) (a) A registrar of deeds shall upon the production of a certificate by a competent authority that immovable property described in the certificate is vested in a particular government in terms of this section, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of such government.

(b) No duty, fee or other charge shall be payable in respect of a registration in terms of paragraph (a).

(3) (a) Subject to paragraph (b), all debts and liabilities—

directly linked to an asset vesting in terms of subsection (1) in a provincial government, shall be assumed by such provincial government; and other than those referred to in subparagraph (i) shall be assumed by the national government:

Provided that the servicing of all state debts and liabilities not provided for in this Constitution shall be undertaken by the national government until allocated to the relevant level of government.

(b) Parliament shall be competent to pass a law regulating the re-allocation of debts and liabilities to the national government and the respective provincial