Annexure D
4.
5.
6.
The amendment of section 227 of the previous Constitution by replacing
subsection (2) with the following subsection:
“(2) The National Defence Force shall exercise its powers and perform its functions
solely in the national interest in terms of Chapter 11 of the Constitution of the
Republic of South Africa, 1996.”.
The amendment of section 236 of the previous Constitution—
(a) by replacing subsection (1) with the following subsection:
“(1) A public service, department of state, administration or security service
which immediately before the commencement of the Constitution of the
Republic of South Africa, 1996 (hereinafter referred to as “the new Constitution”), performed governmental functions, continues to function in terms of
the legislation applicable to it until it is abolished or incorporated or integrated
into any appropriate institution or is rationalised or consolidated with any
other institution.”;
(b) by replacing subsection (6) with the following subsection:
“(6) (a) The President may appoint a commission to review the conclusion
or amendment of a contract, the appointment or promotion, or the
award of a term or condition of service or other benefit, which occurred
between 27 April 1993 and 30 September 1994 in respect of any person
referred to in subsection (2) or any class of such persons.
(b) The commission may reverse or alter a contract, appointment, promotion or
award if not proper or justifiable in the circumstances of the case.”; and
(c) by replacing “this Constitution”, wherever this occurs in section 236, with
“the new Constitution”.
The amendment of section 237 of the previous Constitution—
(a) by replacing paragraph (a) of subsection (1) with the following paragraph:
“(a) The rationalisation of all institutions referred to in section 236(1),
excluding military forces referred to in section 224(2), shall after the
commencement of the Constitution of the Republic of South Africa, 1996,
continue, with a view to establishing—
(i) an effective administration in the national sphere of government to deal
with matters within the jurisdiction of the national sphere; and
(ii) an effective administration for each province to deal with matters within
the jurisdiction of each provincial government.”; and
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