Page:Constitution of the Republic of South Africa Amendment Act 1996 from Government Gazette.djvu/3



circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award before [31 December 1995] a date to be determined by the Minister for the Public Service and Administration .”.

Amendment of section 245 of Act 200 of 1993, as substituted by section 12 of Act 44 of 1995

3. Section 245 of the principal Act is hereby amended—

by the substitution for subsections (1) and (2) of the following subsections: “(1) Local government shall not be restructured otherwise than in terms of the Local Government Transition Act, 1993 (Act No. 209 of 1993), in respect of any area in which members of a district council, a metropolitan substructure, a transitional council, a transitional representative council or a transitional rural council as contemplated in the Local Government Transition Act, 1993, have not been elected in terms of that Act.

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after [31 March 1996] an election contemplated in subsection (1) shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.”; and

by the addition of the following subsection: “ (4) Until a period of not less than three years has elapsed from the date on which the members of a district council, a metropolitan substructure, a transitional council, a transitional representative council or a transitional rural council as contemplated in the Local Government Transition Act, 1993, have been elected in terms of that Act, such council or substructure, as the case may be, shall not be disestablished and no change shall be made to the powers, area of jurisdiction, wards or number of seats thereof except in accordance with an Act of Parliament further regulating the local government transition process or by way of proclamation in the Provincial Gazette by the Premier of a province acting in consultation with the Minister for Provincial Affairs and Constitutional Development. ”.

Short title

4. This Act shall be called the Constitution of the Republic of South Africa Amendment Act, 1996.