Page:Constitution of the Republic of South Africa Amendment Act 1994 from Government Gazette.djvu/5

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Government Gazette, 3 March 1994
No. 15550 9

Constitution of the Republic of South Africa Amendment Act, 1994 Act No. 2, 1994

of the Financial and Fiscal Commission relating to the draft text of any such Act have been submitted to and considered by Parliament.”; and

(d)

by the deletion of paragraph (b) of subsection (3).


Substitution of section 158 of Act 200 of 1993

6. The following section is hereby substituted for section 158 of the principal Act:

Financial allocations by national government

158. [Revenue] Financial allocations [made] by the national government—

(a)

to a provincial or local government, shall be made [through] in terms of an appropriation Act; and

(b)

to a local government, shall ordinarily be made through the provincial government of the province in which the local government is situated.”.


Amendment of section 159 of Act 200 of 1993

7. Section 159 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

(1) There is hereby established in the administration of each province a Provincial Revenue Fund, into which shall be paid all revenue [raised] collected by or accruing to the provincial government, and all financial allocations referred to in section 158 made by the national government to such a provincial government and to local governments within the province of such a provincial government.”.


Amendment of section 160 of Act 200 of 1993

8. Section 160 of the principal Act is hereby amended—

(a)

by the substitution for subsection (3) of the following subsection:

“(3) A provincial constitution shall not be inconsistent with [(a)] a provision of this Constitution, including [this Chapter and] the Constitutional Principles set out in Schedule 4 [and]: Provided that a provincial constitution may provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province.

[(b) a provision of the new constitutional text].”; and

(b)

by the substitution for subsection (4) of the following subsection:

“(4) The text of a provincial constitution passed by a provincial legislature, or any provision thereof, shall be of no force and effect unless the Constitutional Court has certified that none of its provisions is inconsistent with a provision referred to in subsection (3)[(a)], subject to the proviso to that subsection [and if the new constitutional text is then already passed, also with a provision of the new constitutional text].”.


Insertion of Chapter 11A in Act 200 of 1993

9. The following Chapter is hereby inserted in the principal Act after section 184: