Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/88

174   No. 15466

the allocation of property, including court and administrative records, in order to establish the said jurisdictional areas or court structures.

Transitional arrangements: Ombudsman

243. (1) A person who immediately before the commencement of this Constitution was—

the Ombudsman in terms of the Ombudsman Act, 1979 (Act No. 118 of 1979), shall continue to hold office and to exercise and perform the powers and functions of the Ombudsman in accordance with the said Act until the Public Protector has been appointed under section 110  and has assumed office; an assistant to the Ombudsman, shall continue as such until the Public Protector has been appointed and has assumed office, whereupon such person shall be deemed to have been appointed under section 113  ; or an ombudsman in terms of a law of an area which forms part of the national territory (other than the Ombudsman referred to in paragraph (a)), or in the employ of such an ombudsman, shall continue in such office or employment in accordance with the law which regulated such office or employment, until the office of such ombudsman is abolished or such ombudsman or person is appointed as, or to the office of, a provincial public protector contemplated in  section 114.

(2) Section 236  (4), (5) and (6) shall apply mutatis mutandis to a person referred to in subsection (1)(c).

Transitional arrangements: Auditor-General

244. (1) A person who immediately before the commencement of this Constitution was—

the Auditor-General in terms of the Auditor-General Act, 1989 (Act No. 52 of 1989), shall continue in office subject to section 191  and the laws applicable to such office; employed in terms of the Audit Arrangements Act, 1992 (Act No. 122 of 1992), shall continue in such employment subject to and in accordance with this Constitution, the said Act and any other applicable law regulating such employment; and the auditor-general of any area which forms part of the national territory (other than the Auditor-General referred to in paragraph (a)), shall continue in such office or employment in accordance with the laws regulating such office or employment, until such office of auditor-general is abolished by law: Provided that any such auditor-general shall be eligible for appointment under section 194  : Provided further that should such a person not be appointed, he or she shall have the right to retire and if he or she so retires he or she shall be entitled to such pension as he or she would have been entitled to under the pensions law applicable to him or her if he or she had been compelled to retire from the public service owing to the abolition of his or her post.

(2) For the purpose of subsection (1), the persons referred to in that subsection shall not be dealt with less favourably than an officer or employee in a public service.

Transitional arrangements: Local government

245. (1) Until elections have been held in terms of the Local Government Transition Act, 1993, local government shall not be restructured otherwise than in accordance with that Act.

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after the elections referred to in subsection (1) have been held, shall be effected in accordance with the principles embodied in Chapter 10  and the Constitution as a whole.

(3) (a) For the purposes of the first election of members of a local government