Schedule 6: Transitional Arrangements
SCHEDULE 6
transitional Arrangements
[Schedule 6 amended by s. 3 of Constitution First Amendment Act of 1997, by s. 5 of Constitution
Second Amendment Act of 1998 and by s. 20 of Constitution Sixth Amendment Act of 2001.]
Definitions
1.
In this Schedule, unless inconsistent with the context—
“homeland” means a part of the Republic which, before the previous Constitution took
effect, was dealt with in South African legislation as an independent or a self-governing
territory;
“new Constitution” means the Constitution of the Republic of South Africa, 1996;
“old order legislation” means legislation enacted before the previous Constitution took
effect;
“previous Constitution” means the Constitution of the Republic of South Africa, 1993 (Act
200 of 1993).
Continuation of existing law
2.
(1)
(2)
All law that was in force when the new Constitution took effect, continues in force,
subject to—
(a) any amendment or repeal; and
(b) consistency with the new Constitution.
Old order legislation that continues in force in terms of subitem (1)—
(a) does not have a wider application, territorially or otherwise, than it had before
the previous Constitution took effect unless subsequently amended to have a
wider application; and
(b) continues to be administered by the authorities that administered it when the
new Constitution took effect, subject to the new Constitution.
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