Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/129



Schedule 6—Transitional Arrangements Provincial constitutions

A provincial constitution passed before the new Constitution took effect must comply with section 143  of the new Constitution.

Assignment of legislation to provinces

Legislation with regard to a matter within a functional area listed in Schedule 4  or  5  to the new Constitution and which, when the new Constitution took effect, was administered by an authority within the national executive, may be assigned by the President, by proclamation, to an authority within a provincial executive designated by the Executive Council of the province.

To the extent that it is necessary for an assignment of legislation under subitem (1) to be effectively carried out, the President, by proclamation, may —

amend or adapt the legislation to regulate its interpretation or application; where the assignment does not apply to the whole of any piece of legislation, repeal and re-enact, with or without any amendments or adaptations referred to in paragraph (a), those provisions to which the assignment applies or to the extent that the assignment applies to them; or regulate any other matter necessary as a result of the assignment, including the transfer or secondment of staff, or the transfer of assets, liabilities, rights and obligations, to or from the national or a provincial executive or any department of state, administration, security service or other institution.

A copy of each proclamation issued in terms of subitem (1) or (2) must be submitted to the National Assembly and the National Council of Provinces within 10 days of the publication of the proclamation. If both the National Assembly and the National Council by resolution disapprove the proclamation or any provision of it, the proclamation or provision lapses, but without affecting —

the validity of anything done in terms of the proclamation or provision before it lapsed; or a right or privilege acquired or an obligation or liability incurred before it lapsed.

When legislation is assigned under subitem (1), any reference in the legislation to an authority administering it, must be construed as a reference to the authority to which it has been assigned.

Any assignment of legislation under section 235(8) of the previous Constitution, including any amendment, adaptation or repeal and re-enactment of any legislation and any other action taken under that section, is regarded as having been done under this item.

Existing legislation outside Parliament’s legislative power

An authority within the national executive that administers any