Republic of South Africa Constitution Act, 1961/1981-11-06

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

 5A. (1) Any person who―

maliciously destroys or spoils the National Flag of the Republic as described in section 5; or commits any other act which is calculated to hold the National Flag of the Republic in contempt; or without being authorized thereto (the burden of proof of which shall be upon him) removes the National Flag of the Republic as so described from any place where it is displayed in terms of instructions or directions issued by any State authority,

shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or imprisonment for a period not exceeding five years.

(2) If in any prosecution for an offence referred to in subsection (1) it is alleged that the flag in respect of which the offence is alleged to have been committed is or was the National Flag of the Republic as described in section 5, it shall be presumed unless the contrary is proved that the flag in question complies or, as the case may be, complied with the description of the National Flag in that section.



13. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the State President, the Vice State President or an Acting State President, shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or imprisonment for a period not exceeding five years.

 20A. (1) The State President may assign the administration of any provision in any law which entrusts to a Minister any power, duty or function, to any other Minister, either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to such first-mentioned Minister.

(2) The Prime Minister may assign any power, duty or function entrusted to him by any law, to any other Minister to be exercised or performed on his behalf by such other Minister.



54. (1) Any member of the President’s Council who―

is nominated in terms of section 41 of the Electoral Act, 1979 (Act No. 45 of 1979), as a candidate for election for an electoral division of the House of Assembly or a provincial council, shall vacate his seat as a member of the President’s Council with effect from the relevant nomination day fixed in terms of section 34 of that Act; is nominated or elected in terms of section 40 (1) (b) or (c) of this Act as a member of the House of Assembly, shall vacate his seat as a member of the President’s Council with effect from the day on which he is so nominated or elected.

(2) A member of the House of Assembly who is appointed as a member of the President’s Council, shall vacate his seat as a member of the House of Assembly with effect from the date on which he becomes a member of the President’s Council.

(3) A member of the House of Assembly who is elected as a member of a provincial council shall cease to be a member of the House of Assembly with effect from the date upon which he becomes a member of that provincial council.

(4) A Minister who is not a member of the House of Assembly shall have the right to sit and to speak in the House of Assembly, but shall not vote therein.

PART VIIIA.

PRESIDENT’S COUNCIL.

102. (1) There shall be a President’s Council consisting, in addition to the Vice State President, of members appointed by the State President.

(2) A member of the President’s Council, excluding the Vice State President, shall hold office for a period of five years.

(3) A casual vacancy in the President’s Council, excluding a vacancy in the office of Vice State President, shall be filled by the appointment of a member for the unexpired portion of the period of office of the member in whose stead he is appointed.

(4) (a) The members of the President’s Council, excluding the Vice State President, shall receive such remuneration and allowances as the State President may determine, as well as such other benefits as he may determine by proclamation in the Gazette.

(b) Such remuneration, allowances or benefits may differ according to the offices held by such members in the council.

(c) Such remuneration and allowances shall be reviewed whenever any general revision or adjustment of salaries and allowances of public servants is made under the laws relating to the Public Service, regard being had to the considerations, principles and criteria applied at such revision or adjustment.

(5) The State President shall designate a member of the President’s Council as deputy chairman of the council, who shall serve as chairman thereof whenever the office of Vice State President is vacant or he is for any reason unable to serve as such.

(6) If neither the chairman nor the deputy chairman is able to act as chairman, the members of the President’s Council shall elect one from their number to act as acting chairman.

(7) A deficiency in the number of members of the President’s Council or a committee thereof shall not affect the powers of the said Council or the said committee.

106. (1) The President’s Council―

shall at the request of the State President advise him on any matter referred to it by the State President for its advice and may, in its discretion, advise him on any matter (excluding draft legislation) which, in its opinion, is of public interest; may, if any legislative body other than a local institution refers any draft legislation to it for its advice, advise such body thereon.

(2) Whenever a matter is referred to the President’s Council for its advice or when it is of the opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 104 (2) for its advice, and if the President’s Council is not in session, reference of such matter to such a committee for its advice may be effected in accordance with rules and orders made by the President’s Council.

(3) The President’s Council shall transmit to the State President any advice received by it in terms of subsection (2) (other than advice in connection with draft legislation referred to in subsection (1) (b)), whether with or without its comments thereon.

(4) The President’s Council or a committee thereof―

may, for the purposes of the performance of its functions and in its discretion, consult with any person or State institution on any matter and may for those purposes establish consultative committees consisting of members of the said council or such committee, as the case may be, and members of any council or board established by the State President in terms of any other law; may in its discretion and for the said purposes, and shall when the State President requests the council that it be done for those purposes, consult with a council consisting of Black South African citizens and established under an Act of Parliament, or with any committee of such a council.

(5) Advice received by the State President in terms of this section shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof if the House of Assembly is in session or within 14 days after the commencement of its next ensuing session if the House of Assembly is not in session.

(6) The chairman of the President’s Council may, for the purposes of a report to such council on any matter, appoint a committee from among the members of the council and may designate any member of such committee as chairman thereof.

114. Parliament shall not―

alter the boundaries of any province by declaring any area forming part thereof to be part of any other province, divide a province into two or more provinces, or form a new province out of provinces within the Republic, except on the petition of the provincial council of every province whose boundaries are affected thereby;

abolish any provincial council or abridge the powers conferred on provincial councils under section eighty-four, except by petition to Parliament by the provincial council concerned.