Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/36

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Act No. 32 of 1961.

capable of being exercised after the commencement of this Act, be vested in the State President, or in the authority exercising similar powers under the Republic, as the case may be, except such powers, authorities and functions as are by this Act or any other law vested in some other authority.

Petition by provincial councils necessary for alteration of provinces or for abolition of provincial councils.

114. Parliament shall not―

(a)

alter the boundaries of any province, divide a province into two or more provinces, or form a new province out of provinces within the Republic, except on the petition of the provincial council of every province whose boundaries are affected thereby;

(b)

abolish any provincial council or abridge the powers conferred on provincial councils under section eighty-four, except by petition to Parliament by the provincial council concerned.

Affirmation in lieu of oath.

115. Any person who is in terms of any provision of the Act required to make and subscribe an oath of office may in lieu of such oath make and subscribe a solemn affirmation in corresponding form.

Criminal proceedings and transition provisions.

116. (1) (a) All criminal proceedings which immediately prior to the commencement of this Act were required to be instituted in the name of the Queen shall be instituted in the name of the Republic.

(b) Any such proceedings which have not been concluded before the commencement of this Act, or which, having been so concluded, are thereafter reopened, shall be continued in all respects as if this Act had not been passed, except that the proceedings shall thereafter be conducted as if they were instituted in the name of the Republic.

(2) Any civil proceedings instituted prior to the commencement of this Act by or against a Minister as representing the Government of the Union of South Africa or by or against an administrator of a province appointed under the South Africa Act, 1909, which have not been disposed of before such commencement, or, having been so disposed of, are thereafter reopened, may be proceeded with without interruption by or against that Minister as representing the Government of the Republic or by or against the said administrator in his capacity as the person appointed as the administrator of the province concerned under this Act.

(3) Any provision of any law in terms of which any person is required to take an oath or solemn affirmation of allegiance to the King or the Queen, shall be construed as a provision requiring such person to take an oath or solemn affirmation that he will be faithful to the Republic.

(4) Any person who holds an office in the service of the State in respect of which he has prior to the commencement of this Act taken an oath or solemn affirmation of allegiance to the King or the Queen, shall, if required to do so on the direc-

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