Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/90

178   No. 15466

government shall provide funds to departmental, community-managed or state-aided primary or secondary schools on an equitable basis.

National flag and anthem

248. (1) The State President may at any time before the commencement of this Constitution or while continuing in office in terms of section 235  (1)(a), exercise, on the advice of the Transitional Executive Council, the powers conferred upon the President by  section 2  (1) and (2), and if the State President in the exercise of such powers issues a proclamation referred to in that section, such proclamation shall for all purposes be deemed to form part of this Constitution.

(2) This section shall come into operation on the date of promulgation of this Constitution.

First election of National Assembly

249. (1) Notwithstanding the fact that Chapter 4  may not yet be in force, the State President may, by proclamation in the Gazette, call an election in terms of the Electoral Act, 1993, for the election of the members of the National Assembly.

(2) Such election shall be conducted in accordance with Schedule 2  and the Electoral Act, 1993.

(3) This section shall come into operation on the date of promulgation of this Constitution.

Non-certification of election by Independent Electoral Commission

250. (1) If in the application of section 18 of the Independent Electoral Commission Act, 1993, the Independent Electoral Commission declares that it is unable to certify that any election referred to in that section was substantially free and fair, the Commission shall declare that either—

it is able to determine a result based on the votes which could be counted; or it is unable to determine any result.

(2) If the Independent Electoral Commission declares as contemplated in subsection (1)(a)—

a new election shall be held for the National Assembly and the provincial legislatures or a relevant provincial legislature, as the case may be, mutatis mutandis in accordance with this Constitution and the Electoral Act, 1993, as soon as practicable but in any event not later than 12 months after the date of the election in question: Provided that any reference to the Transitional Executive Council in the said Act shall be deemed to be a reference to Parliament; Parliament and the provincial legislatures or a provincial legislature, as the case may be, shall be established on the basis of the result determined in terms of subsection (1)(a): Provided that no provincial legislature shall be established unless the National Assembly is established; no amendment by a Parliament established on the basis of a declaration in terms of subsection (1)(a), of this Constitution, the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, or the Independent Broadcasting Authority Act, 1993, shall be permissible until the election contemplated in paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993; and any provincial legislature established on the basis of a declaration in terms of subsection (1)(a), shall have no legislative competence save for the enactment of laws necessary for the appropriation of revenue or moneys, or the imposition of taxation within the framework of section 126 , until the election contemplated in paragraph (a) has been certified as substantially free and fair in terms of the Independent Electoral Commission Act, 1993.