Schedule 6: Transitional Arrangements
Interpretation of existing legislation
3.
(1)
(2)
Unless inconsistent with the context or clearly inappropriate, a reference in any
legislation that existed when the new Constitution took effect—
(a) to the Republic of South Africa or a homeland (except when it refers to a
territorial area), must be construed as a reference to the Republic of South
Africa under the new Constitution;
(b) to Parliament, the National Assembly or the Senate, must be construed as
a reference to Parliament, the National Assembly or the National Council of
Provinces under the new Constitution;
(c) to the President, an Executive Deputy President, a Minister, a Deputy Minister
or the Cabinet, must be construed as a reference to the President, the Deputy
President, a Minister, a Deputy Minister or the Cabinet under the new
Constitution, subject to item 9 of this Schedule;
(d) to the President of the Senate, must be construed as a reference to the
Chairperson of the National Council of Provinces;
(e) to a provincial legislature, Premier, Executive Council or member of an
Executive Council of a province, must be construed as a reference to a provincial
legislature, Premier, Executive Council or member of an Executive Council
under the new Constitution, subject to item 12 of this Schedule; or
(f) to an official language or languages, must be construed as a reference to any of
the official languages under the new Constitution.
Unless inconsistent with the context or clearly inappropriate, a reference in any
remaining old order legislation—
(a) to a Parliament, a House of a Parliament or a legislative assembly or body of
the Republic or of a homeland, must be construed as a reference to—
(i) Parliament under the new Constitution, if the administration of that
legislation has been allocated or assigned in terms of the previous
Constitution or this Schedule to the national executive; or
(ii) the provincial legislature of a province, if the administration of that
legislation has been allocated or assigned in terms of the previous
Constitution or this Schedule to a provincial executive; or
(b) to a State President, Chief Minister, Administrator or other chief executive,
Cabinet, Ministers’ Council or executive council of the Republic or of a
homeland, must be construed as a reference to—
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