Page:Constitution of the Republic of South Africa Second Amendment Act 2001 from Government Gazette.djvu/4



consult with the national or a provincial government; designate representatives to participate in the National Council of Provinces; and [nominate persons to the Financial and Fiscal Commission] participate in the process prescribed in the national legislation envisaged in section 221 (1) (c) .”.

Amendment of section 216 of Act 108 of 1996

5. Section 216 of the Constitution is hereby amended by—

the substitution for subsection (2) of the following subsection: “(2) [The national treasury, with the concurrence of the Cabinet member responsible for national financial matters, may stop the transfer of funds to an organ of state only for serious or persistent material breach of the measures established in terms of subsection (1)] The national treasury must enforce compliance with the measures established in terms of subsection (1), and may stop the transfer of funds to an organ of state if that organ of state commits a serious or persistent material breach of those measures .”; and

the substitution in subsection (3) for the words preceding paragraph (a) of the following words: “(3) A decision to stop the transfer of funds due to a province in terms of section 214 (1) (b) may be taken only in [terms of] the circumstances mentioned in subsection (2) and—”.

Amendment of section 217 of Act 108 of 1996

6. Section 217 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection: “(3) National legislation must prescribe a framework within which the policy referred to in subsection (2) [may] must be implemented.”.

Amendment of section 221 of Act 108 of 1996, as amended by section 2 of Act 2 of 1999

7. Section 221 of the Constitution is hereby amended—

by the substitution for subsection (1) of the following subsection: “(1) The Commission consists of the following women and men appointed by the President, as head of the national executive:

A chairperson and deputy chairperson;

[nine persons, each of whom is nominated by the Executive Council of a province, with each province nominating only one person] three persons selected, after consulting the Premiers, from a list compiled in accordance with a process prescribed by national legislation ;

two persons [nominated by organised local government in terms of section 163] selected, after consulting organised local government, from a list compiled in accordance with a process prescribed by national legislation ; and

[nine] two other persons.”; and

by the insertion after subsection (1) of the following subsection: “ (1A) National legislation referred to in subsection (1) must provide for the participation of—

the Premiers in the compilation of a list envisaged in subsection (1) (b); and

organised local government in the compilation of a list envisaged in subsection (1) (c). ”.