Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/33

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64     No. 8914
Government Gazette, 28 September 1983

Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

any law of Parliament), shall be construed as a reference to a resolution or the approval or other act of, or with reference to, each of the different Houses, a member of a House, a joint committee contemplated in section 64, the Tables of the Houses or such other matter relating to the different Houses as the case may be.


Repeal and amendment of laws.

101. (1) The laws mentioned in Part 1 of Schedule 2 are hereby repealed or amended as set out in that Part, and the laws mentioned in Part 2 of Schedule 2 are hereby repealed to the extent set out in the third column of the last-mentioned Part.

(2) Notwithstanding the repeal of sections 15 and 15A of the previous Constitution, any pension which but for such repeal would have been payable shall continue to be payable as if such repeal had not been effected.

(3) Notwithstanding the repeal of section 116 of the previous Constitution, any of its provisions which but for such repeal would have been applicable to any matter or person, shall continue to be applicable to such matter or person as if the repeal had not been effected.

(4) Any authority constituted or person appointed or power conferred or anything done in pursuance of powers conferred by or by virtue of any provision of a law repealed or amended by subsection (1), shall be deemed to have been constituted, appointed, conferred or done in pursuance of powers conferred by or by virtue of the corresponding provision of this Act or the relevant provision of such law as so amended, as the case may be.


Transitional provisions.

102. (1) If section 19 (1) (b) comes into operation before the first State President has been elected in terms of this Act and has assumed office, a person designated by the Ministers referred to in subsection (2) of this section from among their number, shall serve as Acting State President, and such or any other Acting State President or the State President may exercise any power conferred upon the State President by this section or section 103 but not yet exercised by the State President referred to in section 103 (1) at the commencement of section 19 (1) (b).

(2) (a) The persons who immediately before the commencement of this Act are Ministers of the Republic or Deputy Ministers in terms of section 20 or 21 of the previous Constitution, shall be deemed to have been appointed as such Ministers or Deputy Ministers under section 24 or 27 of this Act, as the case may be, and the departments of State then administered by such Ministers shall be deemed to have been established under section 24 of this Act as departments referred to in section 20 and to be administered by them under the relevant provisions of this Act.

(b) A reference in any law to the Prime Minister which at the commencement of this Act is not in consequence of an assignment under section 20A of the previous Constitution to be construed as a reference to some other, Minister, shall be deemed to be a reference to the State President except in so far as the State President assigns the administration of such law to a Minister mutatis mutandis under section 26.

(3) Where any matter which, during the session of Parliament (as constituted under the previous Constitution) immediately preceding the commencement of this Act, was submitted to the said Parliament or the House of Assembly (as so constituted), has not been disposed of before such commencement, Parliament or the House of Assembly, as the case may be, constituted under this Act may continue with the disposal or consideration of that matter, and steps taken by the first-mentioned House of Assembly in connection with that matter, shall be deemed to