Schedule 6: Transitional Arrangements
(5)
Any assignment of legislation under section 235(8) of the previous Constitution,
including any amendment, adaptation or repeal and re-enactment of any
legislation and any other action taken under that section, is regarded as having
been done under this item.
Existing legislation outside Parliament’s legislative power
15.
(1)
(2)
An authority within the national executive that administers any legislation falling
outside Parliament’s legislative power when the new Constitution takes effect,
remains competent to administer that legislation until it is assigned to an authority
within a provincial executive in terms of item 14 of this Schedule.
Subitem (1) lapses two years after the new Constitution took effect.
Courts
16.
(1)
(2)
Every court, including courts of traditional leaders, existing when the new
Constitution took effect, continues to function and to exercise jurisdiction in terms
of the legislation applicable to it, and anyone holding office as a judicial officer
continues to hold office in terms of the legislation applicable to that office, subject
to—
(a) any amendment or repeal of that legislation; and
(b) consistency with the new Constitution.
(a) The Constitutional Court established by the previous Constitution becomes the
Constitutional Court under the new Constitution.
(b)…….
[Subitem (b) deleted by s. 20(a) of the Constitution Sixth Amendment Act of 2001.]
(3)
(a) The Appellate Division of the Supreme Court of South Africa becomes the
Supreme Court of Appeal under the new Constitution.
(b)…….
[Subitem (b) deleted by s. 20(a) of the Constitution Sixth Amendment Act of 2001.]
(4)
(a) A provincial or local division of the Supreme Court of South Africa or a supreme
court of a homeland or a general division of such a court, becomes a High Court
under the new Constitution without any alteration in its area of jurisdiction,
subject to any rationalisation contemplated in subitem (6).
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