Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/56

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(c)

measures, including transitional measures, that provide for the phasing in of new provincial constitutional dispensations;

(d)

the final delimitation of powers and functions between national and provincial institutions of government, with due regard to the criteria that are set out in subsection (3);

(e)

fiscal arrangements between the institutions of national government and those of the provincial governments;

(f)

the powers and functions of local governments; and

(g)

any matter which the Commission considers to be relevant or ancillary to its functions.

(3) In carrying out its functions the Commission shall, inter alia, take into consideration—

(a)

the provisions of this Constitution;

(b)

the Constitutional Principles set out in Schedule 4;

(c)

historical boundaries, including those set out in Part 1 of Schedule 1, former provincial boundaries, magisterial district boundaries and infrastructures;

(d)

administrative considerations, including the availability or non-availability of infrastructures and nodal points for service;

(e)

the need to rationalise existing structures;

(f)

cost-effectiveness of government, administration and the delivery of services;

(g)

the need to minimise inconvenience;

(h)

demographic considerations;

(i)

economic viability;

(j)

developmental potential; and

(k)

cultural and language realities.

Constitution of Commission

165. (1) The members of the Commission shall be appointed by the President within 30 days of the commencement of this Constitution.

(2) Unless the President otherwise determines, the members of the Commission shall be appointed in a full-time capacity.

(3) At least one member of the Commission shall be appointed from each province with the concurrence of the Premier of the province.

(4) A member of the Commission shall perform his or her functions fairly, impartially and independently.

(5) A member appointed in a full-time capacity shall not perform or commit himself or herself to perform remunerative work outside his or her functions as a member of the Commission.

(6) A member of the Commission shall not hold office in any political party or political organisation.

Chairperson and Deputy Chairperson

166. (1) The President shall designate one of the members of the Commission as the Chairperson and another as the Deputy Chairperson.

(2) (a) If the Chairperson is absent or unable to perform his or her functions as chairperson, or when there is a vacancy in the office of Chairperson, the Deputy Chairperson shall act as Chairperson, and if both the Chairperson and the Deputy Chairperson are absent or unable to perform the functions of the Chairperson, the Commission shall elect another member to act as Chairperson.

(b) While acting as Chairperson the Deputy Chairperson or such member may exercise the powers and shall perform the functions of the Chairperson.

Vacation of office and filling of vacancies

167. (1) A member of the Commission shall vacate his or her office if he or she resigns or if he or she becomes disqualified in terms of section 165 to hold office or is removed from office under subsection (2).