Page:Constitution of the Republic of South Africa Third Amendment Act 1994 from Government Gazette.djvu/5



(4) Contributions to the said fund by members of the fund shall be made at a rate to be determined in the rules of the fund, and such contributions shall be deducted monthly from the remuneration payable to members as political office-bearers.

(5) Contributions to the said fund by the State shall be made at a rate to be determined by the President, and such contributions shall be paid monthly from the National Revenue Fund and the respective Provincial Revenue Funds, according to whether a member serves at national or provincial level of government.

(6) In this section "political office-bearer" means—

an Executive Deputy President;

a Minister or Deputy Minister;

a member of the National Assembly or the Senate;

the Premier or a member of the Executive Council of a province;

a member of a provincial legislature;

a diplomatic representative of the Republic who is not a member of the public service; or

any other political office-bearer recognised for purposes of this section by an Act of Parliament. ”.

(2) Until the pension fund referred to in section 190A of the Constitution, as inserted by subsection (1) of this section, is established and registered as required by the said section 190A, the President may determine the rate of deductions contemplated in subsections (4) and (5) of the said section 190A, and the Minister of Finance shall recover such deductions and hold them in trust pending the establishment and registration of the said pension fund.

(3) As from the date on which the fund is registered—

a person who before the date of registration of the fund became a political office-bearer as defined in subsection (6) of the said section 190A, shall be deemed to have been a member of the fund as from the date on which he or she became such a political office—bearer; and

the fund shall for the purposes of paragraph (a) be deemed to have been established and registered on 27 April 1994 and to have existed at any relevant time in respect of any liability it would have incurred had the fund been in existence at that time.

Amendment of section 200 of Act 200 of 1993

14. Section 200 of the Constitution is hereby amended by the substitution for subsection (2) of the following subsection: “(2) The first appointment of members of the Commission shall be effected within [60] 120 days from the date of commencement of this Constitution.”

Amendment of section 241 of Act 200 of 1993

15. Section 241 of the Constitution is hereby amended—

by the addition to subsection (1) of the following proviso: “ Provided—

that an appellate division of a supreme court which immediately before the commencement of this Constitution exercised jurisdiction in respect of an area which forms part of the national territory, other than the Appellate Division of the Supreme Court of South Africa, shall cease to exist with effect from the date of commencement of the Constitution of the Republic of South Africa Third Amendment Act, 1994;

that any case pending before any such appellate division immediately before the said date shall be disposed of by such appellate division and the judges of appeal serving in such appellate division as if such division had not ceased to exist; and

that any person who immediately before the said date was the chief justice in respect of any such appellate division, shall