Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/23

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

Part VII

Administration of Justice

Constitution and powers of Supreme Court of South Africa.

68. (1) The judicial authority of the Republic is vested in a Supreme Court to be known as the Supreme Court of South Africa and consisting of an Appellate Division and such provincial and local divisions as may be prescribed by law.

(2) The Supreme Court of South Africa shall, subject to the provisions of sections 18 and 34, have jurisdiction as provided in the Supreme Court Act, 1959.

(3) Save as otherwise provided in the Supreme Court Act, 1959, Bloemfontein shall be the seat of the Appellate Division of the Supreme Court of South Africa.

Administrative functions relating to administration of justice.

69. All administrative powers, duties and functions affecting the administration of justice shall be under the control of the Minister of Justice.

Part VIII

President’s Council

Establishment and constitution of President’s Council.

70. (1) There shall be a President’s Council consisting of―

(a)

20 members designated by resolution of the House of Assembly;

(b)

10 members designated by resolution of the House of Representatives;

(c)

5 members designated by resolution of the House of Delegates; and

(d)

25 members appointed by the State President,

or, in the case of members contemplated in paragraph (a), (b) or (c), such smaller number of members, if any, as may have been so designated by the House in question.

(2) (a) Subject to the provisions of paragraph (f) of this sub-section, the members of the President’s Council appointed under subsection (1) (d) shall include 10 persons of whom―

(i)

six have been nominated as provided in paragraph (b) of this subsection by members of the House of Assembly who were supporters of the opposition parties in that House at the time of the nomination;

(ii)

three have been so nominated by members of the House of Representatives who were supporters of the opposition parties in that House at the time of the nomination;

(iii)

one has been so nominated by members of the House of Delegates who were supporters of the opposition parties in that House at the time of the nomination.

(b) Any nomination contemplated in paragraph (a) shall be made by election, according to the principle of proportional representation whereby each voter has one transferable vote, by the members of the House in question who are supporters of opposition parties in the House and who are present at a meeting of such members called in accordance with the provisions of paragraph (c): Provided that any nomination made in pursuance of an agreement among such members of the House who are present at the meeting shall be a valid nomination for all purposes.

(c) A meeting contemplated in paragraph (b) shall take place during a session of Parliament or of the House in question and under the chairmanship of the Speaker of Parliament or the Chairman of the House, at a time and place fixed by the Speaker and made known by him or that Chairman at a sitting of the House, and the date so fixed shall―