Schedule 6: Transitional Arrangements
(b) Anyone holding office or deemed to hold office as the Judge President, the
Deputy Judge President or a judge of a court referred to in paragraph (a) when
the new Constitution takes effect, becomes the Judge President, the Deputy
Judge President or a judge of such a court under the new Constitution, subject
to any rationalisation contemplated in subitem (6).
(5) � Unless inconsistent with the context or clearly inappropriate, a reference in any
legislation or process to—
(a) the Constitutional Court under the previous Constitution, must be construed as
a reference to the Constitutional Court under the new Constitution;
(b) � the Appellate Division of the Supreme Court of South Africa, must be construed
as a reference to the Supreme Court of Appeal; and
(c) a provincial or local division of the Supreme Court of South Africa or a supreme
court of a homeland or general division of that court, must be construed as a
reference to a High Court.
(6) � (a) As soon as is practical after the new Constitution took effect all courts,
including their structure, composition, functioning and jurisdiction, and all
relevant legislation, must be rationalised with a view to establishing a judicial
system suited to the requirements of the new Constitution.
(b) The Cabinet member responsible for the administration of justice, acting
after consultation with the Judicial Service Commission, must manage the
rationalisation envisaged in paragraph (a).
(7) � (a) Anyone holding office, when the Constitution of the Republic of South Africa
Amendment Act, 2001, takes effect, as—
(i) � the President of the Constitutional Court, becomes the Chief Justice as
contemplated in section 167(1) of the new Constitution;
(ii) the Deputy President of the Constitutional Court, becomes the Deputy
Chief Justice as contemplated in section 167(1) of the new Constitution;
(iii) the Chief Justice, becomes the President of the Supreme Court of Appeal
as contemplated in section 168(1) of the new Constitution; and
(iv) the Deputy Chief Justice, becomes the Deputy President of the
Supreme Court of Appeal as contemplated in section 168(1) of the new
Constitution.
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