Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/40

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Staff and expenditure

117. (1) The Commission shall appoint a director, who shall be the chief executive officer of the Commission and who shall be empowered to appoint staff subject to the approval of the Commission and on such terms and conditions of service as may be determined by or under an Act of Parliament.

(2) Expenditure incidental to the exercise and performance of the powers and functions of the Commission in terms of this Constitution or any other law shall be defrayed from money appropriated by Parliament.

Reports

118. The Commission shall report to the President at least once every year on its activities, and the President shall cause such report to be tabled promptly in the National Assembly and the Senate.

Commission on Gender Equality

Establishment

119. (1) There shall be a Commission on Gender Equality, which shall consist of a chairperson and such number of members as may be determined by an Act of Parliament.

(2) The Commission shall consist of persons who are fit and proper for appointment, South African citizens and broadly representative of the South African community.

(3) The object of the Commission shall be to promote gender equality and to advise and to make recommendations to Parliament or any other legislature with regard to any laws or proposed legislation which affects gender equality and the status of women.

Composition and functioning

120. The Act of Parliament referred to in section 119 shall provide for the composition, powers, functions and functioning of the Commission on Gender Issues and for all other matters in connection therewith.

Restitution of Land Rights

Claims

121. (1) An Act of Parliament shall provide for matters relating to the restitution of land rights, as envisaged in this section and in sections 122 and 123.

(2) A person or a community shall be entitled to claim restitution of a right in land from the state if—

(a)

such person or community was dispossessed of such right at any time after a date to be fixed by the Act referred to in subsection (1); and

(b)

such dispossession was effected under or for the purpose of furthering the object of a law which would have been inconsistent with the prohibition of racial discrimination contained in section 8(2), had that section been in operation at the time of such dispossession.

(3) The date fixed by virtue of subsection 2(a) shall not be a date earlier than 19 June 1913.

(4) (a) The provisions of this section shall not apply to any rights in land expropriated under the Expropriation Act, 1975 (Act No. 63 of 1975), or any other law incorporating by reference that Act, or the provisions of that Act with regard to compensation, if just and equitable compensation as contemplated in section 123(4) was paid in respect of such expropriation.

(b) In this section “Expropriation Act, 1975” shall include any expropriation law repealed by that Act.