Schedule 6: Transitional Arrangements
may be enacted.
(2) � A provincial legislature as constituted in terms of subitem (1) must be regarded as
having been elected under the new Constitution for a term that expires on 30 April
1999.
(3) � For the duration of its term that expires on 30 April 1999, and subject to section
108(4), a provincial legislature consists of the number of members determined for
that legislature under the previous Constitution plus the number of former senators
who became members of the legislature in terms of item 8 of this Schedule.
(4) � The rules and orders of a provincial legislature in force when the new Constitution
took effect, continue in force, subject to any amendment or repeal.
Elections of provincial legislatures
11. �
(1)
Despite the repeal of the previous Constitution, Schedule 2 to that Constitution, as
amended by Annexure A to this Schedule, applies—
(a) to the first election of a provincial legislature under the new Constitution;
(b) to the loss of membership of a legislature in circumstances other than those
provided for in section 106(3) of the new Constitution; and
(c) to the filling of vacancies in a legislature, and the supplementation, review and
use of party lists for the filling of vacancies, until the second election of the
legislature under the new Constitution.
(2) � Section 106(4) of the new Constitution is suspended in respect of a provincial
legislature until the second election of the legislature under the new Constitution.
Provincial executives
12. �
(1)
Anyone who was the Premier or a member of the Executive Council of a province
when the new Constitution took effect, continues in and holds that office in terms
of the new Constitution and any provincial constitution that may be enacted, but
subject to subitem (2).
(2) � Until the Premier elected after the first election of a province’s legislature under the
new Constitution assumes office, or the province enacts its constitution, whichever
occurs first, sections 132 and 136 of the new Constitution must be regarded to read
as set out in Annexure C to this Schedule.
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