Schedule 6: Transitional Arrangements
(b) All rules, regulations or directions made by the President of the Constitutional
Court or the Chief Justice in force immediately before the Constitution of the
Republic of South Africa Amendment Act, 2001, takes effect, continue in force
until repealed or amended.
(c) Unless inconsistent with the context or clearly inappropriate, a reference in
any law or process to the Chief Justice or to the President of the Constitutional
Court, must be construed as a reference to the Chief Justice as contemplated in
section 167(1) of the new Constitution.
[[Subitem (7) added by s. 20(b) of the Constitution Sixth Amendment Act of 2001.]
Cases pending before courts
17.
All proceedings which were pending before a court when the new Constitution took effect,
must be disposed of as if the new Constitution had not been enacted, unless the interests
of justice require otherwise.
Prosecuting authority
18.
(1)
(2)
Section 108 of the previous Constitution continues in force until the Act of
Parliament envisaged in section 179 of the new Constitution takes effect. This
subitem does not affect the appointment of the National Director of Public
Prosecutions in terms of section 179.
An attorney-general holding office when the new Constitution takes effect,
continues to function in terms of the legislation applicable to that office, subject to
subitem (1).
Oaths and affirmations
19.
A person who continues in office in terms of this Schedule and who has taken the oath of
office or has made a solemn affirmation under the previous Constitution, is not obliged to
repeat the oath of office or solemn affirmation under the new Constitution.
Other constitutional institutions
20.
(1)
In this section “constitutional institution” means—
(a) the Public Protector;
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