Schedule 6: Transitional Arrangements
Provincial constitutions
13. �
A provincial constitution passed before the new Constitution took effect must comply with
section 143 of the new Constitution.
Assignment of legislation to provinces
14. �
(1)
Legislation with regard to a matter within a functional area listed in Schedule 4 or
5 to the new Constitution and which, when the new Constitution took effect, was
administered by an authority within the national executive, may be assigned by the
President, by proclamation, to an authority within a provincial executive designated
by the Executive Council of the province.
(2) � To the extent that it is necessary for an assignment of legislation under subitem (1)
to be effectively carried out, the President, by proclamation, may—
(a) amend or adapt the legislation to regulate its interpretation or application;
(b) where the assignment does not apply to the whole of any piece of legislation,
repeal and re-enact, with or without any amendments or adaptations referred
to in paragraph (a), those provisions to which the assignment applies or to the
extent that the assignment applies to them; or
(c) regulate any other matter necessary as a result of the assignment, including
the transfer or secondment of staff, or the transfer of assets, liabilities, rights
and obligations, to or from the national or a provincial executive or any
department of state, administration, security service or other institution.
(3) � (a) A copy of each proclamation issued in terms of subitem (1) or (2) must be
submitted to the National Assembly and the National Council of Provinces
within 10 days of the publication of the proclamation.
(b) � If both the National Assembly and the National Council by resolution
disapprove the proclamation or any provision of it, the proclamation or
provision lapses, but without affecting—
(i) � the validity of anything done in terms of the proclamation or provision
before it lapsed; or
(ii) a right or privilege acquired or an obligation or liability incurred before it
lapsed.
(4) � When legislation is assigned under subitem (1), any reference in the legislation to
an authority administering it, must be construed as a reference to the authority to
which it has been assigned.
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