Page:Constitution of the Republic of South Africa Second Amendment Act 1995 from Government Gazette.djvu/5



10. The following section is hereby substituted for section 225 of the principal Act: “Chief of South African National Defence Force and Secretary for Defence

225. (1) Subject to section 236(1) and (2), the President shall appoint a Chief of the South African National Defence Force, who shall exercise military executive command of the South African National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the President.

(2) The Minister responsible for defence may appoint a Secretary for Defence who shall exercise such powers and perform such duties as may be provided for in any law. ”.

Amendment of section 239 of Act 200 of 1993

11. Section 239 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) (a) All debts and liabilities which immediately before the commencement of this Constitution vested in an authority referred to in section 235(1)(a), (b) or (c), or in a government, administration or force under the control of such authority shall be assumed by the national government.

(b) The debts and liabilities referred to in paragraph (a), shall be deemed to be State debt as defined in section 1 of the Exchequer Act, 1975 (Act No. 66 of 1975). ”.

Substitution of section 245 of Act 200 of 1993

12. The following section is hereby substituted for section 245 of the principal Act: “Transitional arrangements: Local government

245. (1) Until [elections have been held in terms of the Local Government Transition Act, 1993] 31 March 1996, local government shall not be restructured otherwise than in accordance with [that] the Local Government Transition Act , 1993 (Act No. 209 of 1993).

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after [the elections referred to in subsection (1) have been held,] 31 March 1996 shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.

(3) (a) For the purposes of the first election of members of [a local government] a transitional local council or a transitional metropolitan substructure as referred to in the Local Government Transition Act, 1993, after the commencement of this Constitution, the area of jurisdiction of such [local government] transitional local council and transitional metropolitan substructure shall be divided into wards in accordance with [the] that Act [referred to in subsection (1)].

(b) Forty per cent of the members of [the local government] a transitional local council and a transitional metropolitan substructure shall be elected according to the system of proportional representation applicable to an election of the National Assembly and regulated specifically by or under the [Act referred to in subsection (1),] Local Government Transition Act, 1993, and sixty per cent of the members shall be elected [on the basis that each such member shall] to represent [a ward] wards as contemplated in paragraph (a): Provided that—

if such wards are represented by more than one member, all such wards shall be represented by the same number of members; and

notwithstanding anything to the contrary contained in this Constitution, where the area of jurisdiction of the [local government] transitional local council or transitional metropolitan substructure includes—