Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/38



REPUBLIC OF SOUTH AFRICA CONSTITUTION ACT, 1983 by the substitution in subsection (1) of section 84 for the words preceding paragraph (a) of the following words: “Subject to the provisions of this Act, the Financial Relations Act, 1976 (Act No. 65 of 1976), and the assent of the State President as hereinafter provided, and except in so far as the provisions of Part IV of the Republic of South Africa Constitution Act, 1983, have under section 98 (3) (a) of the last-mentioned Act been declared to apply to any ordinance or other law of the province, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely—”; and the substitution in paragraphs (b) and (g) of that subsection for the words the “House of Assembly” of the word “Parliament”.

3. Repeal of Part VII, Part VIII and Part VIIIA,

4. Repeal of sections 107 and 108.

5. Repeal of section 109.

6. Amendment of section 110 by the deletion of the words “at the instance of the State or”, the words “of any body referred to in paragraph (f) of subsection (1) of section eighty-four or”, the words “circulating in the area of jurisdiction of the authority concerned” and the words “in the area in question”.

7. Repeal of sections 111, 112 and 113.

8. Amendment of section 114 by the deletion in paragraph (h) of the words “or abridge the powers conferred on provincial councils under section eighty-four”.

9. Repeal of sections 115, 116, 117 and 118.

10. Amendment of section 119 by the deletion of the words “‘Afrikaans’ includes Dutch”.

11. Substitution for section 121 of the following section: “Short title. 121. This Act shall be called the Provincial Government Act, 1961.”.

12. Substitution for the long title of the following long title: “To provide for provincial councils and their powers and the administration of provincial matters, and for matters connected therewith.”.

Amendment of section 10 of the Interpretation Act, 1957 (Act No. 33 of 1957)―

by the substitution in subsection (5) for the expression “20A (1)” of the expression “26”, and for the expression “1961 (Act No. 32 of 1961)” of the expression “1983”; by the substitution for subsection (5A) of the following subsection: “(5A) The provisions of subsection (5) shall apply in so far as the State President does not determine otherwise in the assignment concerned and, if the administration of a provision of any law has been assigned to any other Minister as contemplated in that subsection, but in relation to a category of persons or some other matter specified in the assignment, the provisions of that subsection shall apply accordingly.”; and by the insertion after subsection (5A) of the following subsection: “(5B) Whenever the administration of a law referred to in subsection (2) of section 98 of the Republic of South Africa Constitution Act, 1983, has been assigned to a Minister of State under subsections (3) (b) and (4) of that section, the provisions of subsections (5) and (5A) of this section shall apply mutatis mutandis as if the relevant executive committee or other executive authority referred to in the said subsection (2), the department or division of the relevant provincial administration in which the law was administered, and an officer of that administration, were a Minister of State, the department of State controlled by him, and an officer in the public service, respectively.”.

Amendment of the Laws of the Coloured Persons Representative Council Application Act, 1982 (Act No. 36 of 1982)―

by the substitution for the words “Until such date as may be fixed in terms of section 4 (2) of the South African Coloured Persons Council Act, 1980 (Act No. 24 of 1980)”, wherever they occur, of the words “Until other provision is made by or under any law”; and by the insertion after section 4 of the following section: “Effect of repeal of certain laws. 4A. The repeal of section 17 of the Coloured Persons Representative Council Act, 1964 (Act No. 49 of 1964), and section 5 of the South African Coloured Persons Council Act, 1980 (Act No. 24 of 1980), in terms of section 101 of the Republic of South Africa Constitution Act, 1983, shall not affect the provisions of sections 1 (g) (ii), 2 (l) (ii) and 3 (h) of this Act as amended by the said section 101, or the validity of any proclamation or notice published in the Gazette under the said section 17 which was in force immediately before the date of such repeal.”.