Republic of South Africa Constitution Act, 1983/1992-11-06

as amended by

Constitution Amendment Act, No. 105 of 1984

Powers and Privileges of Parliament and the Constitution Amendment Act, No. 99 of 1985

Provincial Government Act, No. 69 of 1986

Constitution Amendment Act, No. 20 of 1987

Constitution Amendment Act, No. 50 of 1988

Constitution Third Amendment Act, No. 101 of 1988

Constitution Fourth Amendment Act, No. 71 of 1989

Constitution Amendment Act, No. 61 of 1990

Constitution Second Amendment Act, No. 146 of 1992

Constitution Amendment Act, No. 149 of 1992

11. (1) The State President and any Acting State President shall when assuming office make and subscribe an oath of office in the following form before the Chief Justice or any other judge of the Supreme Court:

In the presence of Almighty God and in full realization of the high calling I assume as State President/Acting State President in the service of the Republic, I, A.B., do swear to be faithful to the Republic of South Africa and do solemnly and sincerely promise at all times to promote that which will advance and to oppose all that may harm the Republic; to obey, observe, uphold and maintain the Constitution and all other Law of the Republic; to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; to do justice unto all; and to devote myself to the well-being of the Republic and its people.

May the Almighty God by His grace guide and sustain me in keeping this oath with honour and dignity.

So help me God.

(2) In the case of the State President the oath shall be made and subscribed by him at a formal function where the Seal of the Republic is handed over to him by the outgoing State President or Acting State President, unless he already has the Seal in his custody.

(3) The oath of office referred to in subsection (1) made by any person when assuming the office of Acting State President shall be deemed to be such oath made also in respect of every subsequent assumption, during the tenure of office of a specific State President, of that office by that person.

24. (1) The State President may appoint as many persons as he may from time to time deem necessary to administer such departments of State of the Republic as the State President may establish, or to perform such other functions as the State President may determine, and he may himself administer such a department of State for general affairs if at any time no person has been appointed under this subsection or section 25 to administer it.

(2) Persons appointed under subsection (1) shall hold office during the State President’s pleasure and shall be the Ministers of the Republic.

(3)

(b) A Minister of any department of State for own affairs of a population group shall―

be a member of the population group in question; and at the time of his appointment as such Minister, in the opinion of the State President have the support of the majority in the House consisting of members of that population group.

(4) A Minister shall before assuming his duties make and subscribe an oath before the Chief Justice or any other judge of the Supreme Court in the following form: I, A.B., do hereby swear to be faithful to the Republic of South Africa and undertake before God to honour this oath; to hold my office as Minister with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.

So help me God.

27. (1) (a) The State President may, subject to subsection (2), appoint any person to hold office during the State President’s pleasure as Deputy Minister of any specified department of State or Deputy Minister of such other description as the State President may determine, and to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister in terms of any law or otherwise which may, subject to the directions of the State President, be assigned to him from time to time by such Minister.

(b) Any reference in any law to a deputy to a Minister shall be construed as including a reference to a Deputy Minister appointed under this subsection, and any such reference to a Minister shall be construed as including a reference to a Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he acts.

(2)

(b) The provisions of section 24 (3) (b) shall apply mutatis mutandis to a Deputy Minister appointed to exercise or perform any powers, functions and duties on behalf of a Minister of a department of State for own affairs of a population group.

(3) A Deputy Minister shall before assuming his duties make and subscribe an oath, in the form prescribed in 24 (4) but with reference to his office as Deputy Minister, before the Chief Justice or any other judge of the Supreme Court.

(4) Whenever any Deputy Minister is for any reason unable to perform any of the functions of his office, the State President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister’s stead, either generally or in the performance of any specific function.

 98A. (1) Notwithstanding anything to the contrary contained in this Act or any other law the State President may, if he considers it desirable in the interest of further constitutional development, by proclamation in the Gazette amend Schedule 1 from a date fixed by him and specified in the proclamation.

(2) If an amendment contemplated in subsection (1) affects a decision by the State President in terms of section 16(1)(a) that any particular matter is an own affair of a population group, the State President shall rescind that decision by proclamation in the Gazette as from the date referred to in subsection (1).

(3) A decision of the State President to act under this section is a general affair.

(4) As from the date on which the State President rescinds a decision in terms of subsection (2) the matter in question shall, notwithstanding anything to the contrary contained in this Act, be deemed to be a general affair.

(5) The State President shall, as from the date on which he rescinds any decision in terms of subsection (2), by proclamation in the Gazette―

subject to subsection (6), assign the administration of all laws or provisions of laws relating to the matter in question and the administration of which has been assigned to or vests in a Minister of a department of State for own affairs of a population group (whether by virtue of an assignment under section 26 or 98 or in terms of an Act of the House in question), to a Minister of a department of State for general affairs or an administrator of a province; and declare that the provisions of Part IV shall no longer apply to the laws or provisions referred to in section 98(2) and the administration of which is being so assigned by him to an administrator.

(6) The State President may by proclamation in the Gazette―

when he assigns the administration of a law or a provision of a law in terms of subsection (5)(a) or at any time thereafter, and in so far as he considers it necessary for the efficient carrying out of the assignment by the Minister or in his department of State or by the administrator or in the provincial administration in question―

amend or adapt such law in order to regulate its application or interpretation; repeal and re-enact such law, whether with or without an amendment or adaptation contemplated in subparagraph (i); in so far as he considers it necessary for the efficient carrying out of a general law, repeal any law referred to in subsection (5)(a);

provide for such transitional arrangements as he considers necessary in relation to―

the disposal of any asset, liability, right or obligation, including money; the financing of State expenditure; and subject to the laws in relation to officers and employees in the Public Service and other employees of the State, personnel matters.

(7) When the administration of any law has been assigned to any Minister or any administrator in terms of subsection (5)(a), the provisions of section 10(5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis in relation to that law as if that administrator, the provincial administration in question, 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.

(8) A proclamation made under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next session.

(9) (a) If Parliament by resolution disapproves of such a proclamation or of any provision of such a proclamation, that proclamation or that provision, as the case may be, shall lapse to the extent to which it is so disapproved.

(b) The lapsing of such a proclamation or provision shall not affect―

the validity of anything done under the proclamation or provision up to the date on which it so lapsed; any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the proclamation or provision.

[S. 98A inserted by s. 1 of Act No. 146 of 1992.]

 99. (1) Subject to the provisions of subsections (2) and (3), Parliament may by law repeal or amend or authorize the repeal or amendment of any provision of this Act.

(2) No repeal or amendment of the provisions of section 89 or of this subsection or of any corresponding provisions of any law substituted for them, shall be valid unless the bill embodying such repeal or amendment has been agreed to in every House by not less than two-thirds of the total number of its members.

(3) No repeal or amendment of or authorization to repeal or amend section 7(1)(b), (5) or (6), section 8(5), section 9(1) or (3)(a), section 14 or 15, section 16(1), section 19, 20 or 21, section 23(2), section 30, section 31(1) or (2), section 32(1), (2), (3) or (4), section 33, section 34(2)(a), section 37(1), section 38(2), section 39(1) or (2), section 41(1), section 42(1), section 43(1), section 52, 53 or 54, section 64(3), section 70(1), section 71(1) or (3)(b) or (c), section 77, section 78(5), this subsection, subsection (4) of this section or Schedule 1 shall be valid unless the bill embodying such repeal or amendment or authorization to repeal or amend has been agreed to in every House by a majority of the total number of its members.

(4) A bill embodying the repeal or amendment of or authorization to repeal or amend any provision mentioned in subsection (2) or (3) of this section shall not be referred to the President’s Council for its decision under the circumstances contemplated in section 32(1).

(5) Any reference in a provision of this Act mentioned in sub-section (3) of this section, or in the definition in this Act of an expression used in any such provision, to any other provision of this Act not mentioned in that subsection or to any other law shall be construed as a reference to such other provision or other law as it exists from time to time after any amendment or replacement thereof, and the provisions of subsections (3) and (4) of this section shall not be construed as applying to any amendment or replacement of such other provision or other law.