Page:Constitution of the Republic of South Africa Third Amendment Act 1994 from Government Gazette.djvu/3

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Constitution of the Republic of South Africa Third Amendment Act, 1994

Act No. 13, 1994

Amendment of section 98 of Act 200 of 1993

3. Section 98 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) The Constitutional Court shall be the only court having jurisdiction over a matter referred to in subsection (2), save where otherwise provided in [section] sections 101(3) and (6) and 103(1) and in an Act of Parliament.”.

Amendment of section 101 of Act 200 of 1993

4. Section 101 of the Constitution is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) There shall, subject to sections 241 and 242, be a Supreme Court of South Africa, which shall consist of an Appellate Division and such provincial and local divisions, and with such areas of jurisdiction, as may be prescribed by law.”.

Amendment of section 103 of Act 200 of 1993

5. Section 103 of the Constitution is hereby amended—

(a)

by the substitution for subsection (1) of the following subsection:

“(1) The establishment, jurisdiction, composition and functioning of all other courts shall, subject to sections 241 and 242, be as prescribed by or under a law.”; and

(b)

by the substitution for subsection (2) of the following subsection:

“(2) If in any proceedings before a court referred to in subsection (1), it is alleged that any law or provision of such law is invalid on the ground of its inconsistency with a provision of this Constitution and the court does not have the competency to enquire into the validity of such a law or provision, the court shall, subject to the other provisions of this section, decide the matter on the assumption that the law or provision is valid.”.

Amendment of section 104 of Act 200 of 1993

6. Section 104 of the Constitution is hereby amended by the addition to subsection (1) of the following proviso:

“Provided that the appointment of acting judges shall be as may be provided for in an Act of Parliament.”.

Amendment of section 110 of Act 200 of 1993

7. Section 110 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) The first appointment of a person as the Public Protector after the commencement of this Constitution shall be made within [60] 120 days of the first sitting of the Senate under this Constitution.”.

Amendment of section 115 of Act 200 of 1993

8. Section 115 of the Constitution is hereby amended by the substitution for subsection (4) of the following subsection: