Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/78

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(3) No law shall be constitutionally invalid solely by reason of the fact that the wording used is prima facie capable of an interpretation which is inconsistent with a provision of this Constitution, provided such a law is reasonably capable of a more restricted interpretation which is not inconsistent with any such provision, in which event such law shall be construed as having a meaning in accordance with the said more restricted interpretation.

(4) In interpreting this Constitution a provision in any Schedule, including the provision under the heading “National Unity and Reconciliation”, to this Constitution shall not by reason only of the fact that it is contained in a Schedule, have a lesser status than any other provision of this Constitution which is not contained in a Schedule, and such provision shall for all purposes be deemed to form part of the substance of this Constitution.

(5) (a) Notwithstanding the provisions of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), the President may at any time after the dissolution of the Independent Electoral Commission in terms of section 9 of that Act, by proclamation in the Gazette, reconvene the Commission for the purposes of a referendum or election referred to in section 124.

(b) If any person who before its dissolution was a member of the Commission, cannot or is unwilling to serve as a member after it has been reconvened under paragraph (a), Parliament may, by resolution adopted at a joint sitting of the National Assembly and the Senate by a majority of at least two-thirds of the total number of members of both Houses, appoint any suitably qualified person to replace any such member.

Definitions

233. (1) In this Constitution, unless the context otherwise indicates—

(i)

“Chief Justice” means the Chief Justice of the Supreme Court of South Africa referred to in section 97(1); (ii)

(ii)

“Commission on Provincial Government” means the Commission established by section 163; (iv)

(iii)

“Financial and Fiscal Commission” means the Commission established by section 198; (i)

(iv)

“House”, in relation to Parliament, means the National Assembly or the Senate; (iii)

(v)

“Independent Electoral Commission” means the Commission established by section 4 of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993); (viii)

(vi)

“National Defence Force” means the Defence Force established by section 224(1); (vi)

(vii)

“National Revenue Fund” means the Revenue Fund established by section 185; (v)

(viii)

“new constitutional text” means the text of a new Constitution contemplated in Chapter 5; (vii)

(ix)

“organ of state” includes any statutory body or functionary; (xii)

(x)

“previous Constitution” means the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983); (xiv)

(xi)

“Provincial Revenue Fund” means the Revenue Fund of a province established by section 159(1); (ix)

(xii)

“Public Service Commission” means the Commission established by section 209; (xi)

(xiii)

“Republic” means the Republic of South Africa referred to in section 1; (x)

(xiv)

“Transitional Executive Council” means the Council established by section 2 of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993). (xiii)

(2) A reference in this Constitution to rules and orders shall according to the context be construed as a reference to the rules and orders of the National Assembly or the Senate, or the joint rules and orders of the National Assembly and the Senate, or the rules and orders of the Constitutional Assembly, or the rules and orders of a provincial legislature.

(3) Where in this Constitution any functionary is required to take a decision in consultation with another functionary, such decision shall require the concurrence of such other functionary: Provided that if such other functionary is a body of persons it shall express its concurrence in accordance with its own decision-making procedures.