Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/127



Schedule 6—Transitional Arrangements A party represented in a provincial legislature —

must nominate its permanent delegates from among the persons who were senators when the new Constitution took effect and are available to serve as permanent delegates; and may nominate other persons as permanent delegates only if none or an insufficient number of its former senators are available.

A provincial legislature must appoint its permanent delegates in accordance with the nominations of the parties.

Subitems (2) and (3) apply only to the first appointment of permanent delegates to the National Council of Provinces.

Section 62 (1) of the new Constitution does not apply to the nomination and appointment of former senators as permanent delegates in terms of this item.

The rules and orders of the Senate in force when the new Constitution took effect, must be applied in respect of the business of the National Council to the extent that they can be applied, subject to any amendment or repeal.

Former senators

A former senator who is not appointed as a permanent delegate to the National Council of Provinces is entitled to become a full voting member of the legislature of the province from which that person was nominated as a senator in terms of section 48 of the previous Constitution.

If a former senator elects not to become a member of a provincial legislature that person is regarded as having resigned as a senator the day before the new Constitution took effect.

The salary, allowances and benefits of a former senator appointed as a permanent delegate or as a member of a provincial legislature may not be reduced by reason only of that appointment.

National executive

Anyone who was the President, an Executive Deputy President, a Minister or a Deputy Minister under the previous Constitution when the new Constitution took effect, continues in and holds that office in terms of the new Constitution, but subject to subitem (2).

Until 30 April 1999, sections 84 ,  89  ,  90  ,  91  ,  93  and  96  of the new Constitution must be regarded to read as set out in  Annexure B  to this Schedule.

Subitem (2) does not prevent a Minister who was a senator when the new Constitution took effect, from continuing as a Minister referred to in section 91(1)(a) of the new Constitution, as that section reads in Annexure B.