Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/130

128 No. 17678

Schedule 6—Transitional Arrangements

legislation falling outside Parliament’s legislative power when the new Constitution takes effect, remains competent to administer that legislation until it is assigned to an authority within a provincial executive in terms of item 14  of this Schedule.

Subitem (1) lapses two years after the new Constitution took effect.

Courts

Every court, including courts of traditional leaders, existing when the new Constitution took effect, continues to function and to exercise jurisdiction in terms of the legislation applicable to it, and anyone holding office as a judicial officer continues to hold office in terms of the legislation applicable to that office, subject to —

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

The Constitutional Court established by the previous Constitution becomes the Constitutional Court under the new Constitution. Anyone holding office as the President, the Deputy President or a judge of the Constitutional Court when the new Constitution takes effect, becomes the President, the Deputy President or a judge of the Constitutional Court under the new Constitution, and continues in office for the unexpired portion of their term as fixed by section 176  (1) of the new Constitution.

The Appellate Division of the Supreme Court of South Africa becomes the Supreme Court of Appeal under the new Constitution. Anyone holding office as the Chief Justice, the Deputy Chief Justice or a judge of the Appellate Division when the new Constitution takes effect, becomes the Chief Justice, the Deputy Chief Justice or a judge of the Supreme Court of Appeal under the new Constitution.

A provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or a general division of such a court, becomes a High Court under the new Constitution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in subitem (6). Anyone holding office or deemed to hold office as the Judge President, the Deputy Judge President or a judge of a court referred to in paragraph (a) when the new Constitution takes effect, becomes the Judge President, the Deputy Judge President or a judge of such a court under the new Constitution, subject to any rationalisation contemplated in subitem (6).

Unless inconsistent with the context or clearly inappropriate, a reference in any legislation or process to —

the Constitutional Court under the previous Constitution,