Schedule 6: Transitional Arrangements
Bill of Rights
23. �
(1)
National legislation envisaged in sections 9(4), 32(2) and 33(3) of the new
Constitution must be enacted within three years of the date on which the new
Constitution took effect.
(2) � Until the legislation envisaged in sections 32(2) and 33(3) of the new Constitution is
enacted—
(a) section 32 (1) must be regarded to read as follows:
“(1) Every person has the right of access to all information held by the state or
any of its organs in any sphere of government in so far as that information is
required for the exercise or protection of any of their rights.”; and
(b) section 33(1) and (2) must be regarded to read as follows:
“Every person has the right to—
(a) lawful administrative action where any of their rights or interests is
affected or threatened;
(b) � procedurally fair administrative action where any of their rights or
legitimate expectations is affected or threatened;
(c) � be furnished with reasons in writing for administrative action which
affects any of their rights or interests unless the reasons for that action
have been made public; and
(d) � administrative action which is justifiable in relation to the reasons given
for it where any of their rights is affected or threatened.”.
(3) � Sections 32(2) and 33(3) of the new Constitution lapse if the legislation envisaged
in those sections, respectively, is not enacted within three years of the date the new
Constitution took effect.
Public administration and security services
24. �
(1)
Sections 82(4)(b), 215, 218(1), 219(1), 224 to 228, 236(1), (2), (3), (6), (7)(b) and
(8), 237(1) and (2)(a) and 239(4) and (5) of the previous Constitution continue in
force as if the previous Constitution had not been repealed, subject to—
(a) the amendments to those sections as set out in Annexure D;
(b) any further amendment or any repeal of those sections by an Act of Parliament
passed in terms of section 75 of the new Constitution; and
(c) consistency with the new Constitution.
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