Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/123



Schedule 6—Transitional Arrangements

Definitions

In this Schedule, unless inconsistent with the context —

“homeland” means a part of the Republic which, before the previous Constitution took effect, was dealt with in South African legislation as an independent or a self-governing territory;

“new Constitution” means the Constitution of the Republic of South Africa, 1996;

“old order legislation” means legislation enacted before the previous Constitution took effect;

“previous Constitution” means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993).

Continuation of existing law

All law that was in force when the new Constitution took effect, continues in force, subject to —

any amendment or repeal; and consistency with the new Constitution.

Old order legislation that continues in force in terms of subitem (1) —

does not have a wider application, territorially or otherwise, than it had before the previous Constitution took effect unless subsequently amended to have a wider application; and continues to be administered by the authorities that administered it when the new Constitution took effect, subject to the new Constitution.

Interpretation of existing legislation

Unless inconsistent with the context or clearly inappropriate, a reference in any legislation that existed when the new Constitution took effect —

to the Republic of South Africa or a homeland (except when it refers to a territorial area), must be construed as a reference to the Republic of South Africa under the new Constitution; to Parliament, the National Assembly or the Senate, must be construed as a reference to Parliament, the National Assembly or the National Council of Provinces under the new Constitution; to the President, an Executive Deputy President, a Minister, a