Schedule 6: Transitional Arrangements
Enactment of legislation required by new Constitution
21.
(1)
(2)
(3)
(4)
(5)
(6)
Where the new Constitution requires the enactment of national or provincial
legislation, that legislation must be enacted by the relevant authority within a
reasonable period of the date the new Constitution took effect.
Section 198(b) of the new Constitution may not be enforced until the legislation
envisaged in that section has been enacted.
Section 199(3)(a) of the new Constitution may not be enforced before the expiry of
three months after the legislation envisaged in that section has been enacted.
National legislation envisaged in section 217(3) of the new Constitution must
be enacted within three years of the date on which the new Constitution took
effect, but the absence of this legislation during this period does not prevent the
implementation of the policy referred to in section 217(2).
Until the Act of Parliament referred to in section 65(2) of the new Constitution
is enacted each provincial legislature may determine its own procedure in terms
of which authority is conferred on its delegation to cast votes on its behalf in the
National Council of Provinces.
Until the legislation envisaged in section 229(1)(b) of the new Constitution is
enacted, a municipality remains competent to impose any tax, levy or duty which
it was authorised to impose when the Constitution took effect.
National unity and reconciliation
22.
(1)
(2)
Notwithstanding the other provisions of the new Constitution and despite the
repeal of the previous Constitution, all the provisions relating to amnesty contained
in the previous Constitution under the heading “National Unity and Reconciliation”
are deemed to be part of the new Constitution for the purposes of the Promotion of
National Unity and Reconciliation Act, 1995 (Act 34 of 1995), as amended, including
for the purposes of its validity.
For the purposes of subitem (1), the date “6 December 1993”, where it appears in
the provisions of the previous Constitution under the heading “National Unity and
Reconciliation”, must be read as “11 May 1994”.
[Subitem (2) added by s. 3 of the Constitution First Amendment Act of 1997.]
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