Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/31

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

executive authority of such province established by the previous Constitution and which relates to a matter referred to in section 14 shall, notwithstanding the fact that it relates to such matter, be administered according to its provisions unless, and except in so far as, its administration is assigned to a Minister under subsection (3) (b).

(3) The State President may by proclamation in the Gazette―

(a)

after consultation with the executive committee of the province concerned, declare that the provisions of Part IV apply to a law referred to in subsection (2) to the extent stated in the declaration;

(b)

when he so declares or at any time thereafter, assign the administration of such law to a Minister;

(c)

when he so assigns the administration of such law or at any time thereafter, and in so far as he considers it necessary for the efficient carrying out of the assignment by the Minister or in his department or of such law in so far as its administration is not so assigned―

(i)

amend or adapt such law in order to regulate its application or interpretation;

(ii)

where the assignment does not relate to the whole of such law, repeal and re-enact, whether with or without an amendment or adaptation contemplated in subparagraph (i), those of its provisions to which the assignment relates or in so far as the assignment relates to them;

(iii)

regulate any other matter necessary, in his opinion, as a result of the assignment, including the transfer or admission of persons to or in the service of the State or any other person, subject to conditions not less favourable than those under which they serve, and the transfer of assets, liabilities, rights and obligations, including moneys, to or from the State or any other person or body established by law.

(4) Section 26 shall apply mutatis mutandis to an assignment under subsection (3) (b) of this section, but in such application any reference in that section to a Minister to whom a provision in a law entrusts any power, duty or function shall be construed as a reference to the relevant executive committee or other executive authority referred to in subsection (2) of this section.

Amendment of Act.

99. (1) Subject to the provisions of subsections (2) and (3), Parliament may by law repeal or amend any provision of this Act.

(2) No repeal or amendment of the provisions of section 89 or of this subsection or of any corresponding provisions of any law substituted for them, shall be valid unless the bill embodying such repeal or amendment has been agreed to in every House by not less than two-thirds of the total number of its members.

(3) No repeal or amendment of section 7 (1) (b), (5) or (6), section 8 (5), section 9 (1) or (3) (a), section 14 or 15, section 16 (1), section 19, 20 or 21, section 23 (2), section 30, section 31 (1) or (2), section 32 (1), (2), (3) or (4), section 33, section 34 (2) (a), section 37 (1), section 38 (2), section 39 (1) or (2), section 41 (1), section 42 (1), section 43 (1), section 52, 53 or 54, section 64 (3), section 70 (1), section 71 (1) or (3) (b) or (c), section 77, section 78 (5), this subsection, subsection (4) of this section or Schedule 1 shall be valid unless the bill embodying such repeal or amendment has been agreed to in every House by a majority of the total number of its members.

(4) A bill embodying the repeal or amendment of any provision mentioned in subsection (2) or (3) of this section shall not be referred to the President’s Council for its decision under the circumstances contemplated in section 32 (1).