Page:Constitution of the Republic of South Africa Second Amendment Act 1995 from Government Gazette.djvu/4



5. Section 149 of the principal Act is hereby amended by the substitution for subsection (10) of the following subsection: “(10) There shall, subject to section 207(2), be paid out of and as a charge on the Provincial Revenue Fund of a province to the Premier and to a member of an Executive Council of such province such remuneration and allowances as may be [prescribed by or] determined [under a law of the provincial legislature] by the President. ”.

Amendment of section 176 of Act 200 of 1993

6. Section 176 of the principal Act is hereby amended by the substitution for the proviso to paragraph (b) of the following proviso: “: Provided that a council may delegate the power to make decisions on matters pertaining to town planning to the executive committee or to a committee appointed for this purpose or to a person in its employ : Provided further that section 177 shall apply mutatis mutandis to the appointment and functioning of a committee appointed for this purpose.”.

Amendment of section 179 of Act 200 of 1993

7. Section 179 of the principal Act is hereby amended—

by the deletion of the proviso to subsection (1); and

by the substitution for paragraph (c) of subsection (5) of the following paragraph:

is [not qualified to become] disqualified from becoming a member of the National Assembly in terms of section 42(1)(a), (b), (c) or (d) .”.

Substitution of section 182 of Act 200 of 1993

8. The following section is hereby substituted for section 182 of the principal Act: “Traditional authorities and local government

182. The traditional leader of a community observing a system of indigenous law and residing on land within the area of jurisdiction of an elected local government referred to in Chapter 10, shall ex officio be entitled to be a member of that local government, provided that he or she has been identified in a manner and according to guidelines prescribed by the President by proclamation in the Gazette after consultation with the Council of Traditional Leaders, if then in existence, or if not, with the Houses of Traditional Leaders which have then been established, and shall be eligible to be elected to any office of such local government.”.

Amendment of section 184 of Act 200 of 1993

9. Section 184 of the principal Act is hereby amended by the substitution for paragraph (a) of subsection (5) of the following paragraph: “(a) Any parliamentary Bill pertaining to traditional authorities, indigenous law or the traditions and customs of traditional communities or any other matters having a bearing thereon, shall, [after having been] if it is passed by the House in which it was introduced [but] after the Chairperson and members of the Council have been elected and the Council has commenced its functions, and if the Council is then able to function, before it is passed by the other House, be referred by the Secretary to Parliament to the Council for its comments.

(aA) If the Council is not in existence by 28 February 1996, any parliamentary Bill referred to in paragraph (a) shall, after having been passed by the House in which it was introduced, but before it is passed by the other House, be referred to those Houses contemplated in section 183 which have then been established, and the further provisions of this subsection shall then mutatis mutandis apply. ”.