Page:Constitution of the Republic of South Africa Fifth Amendment Act 1994 from Government Gazette.djvu/4

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Constitution of the Republic of South Africa Fifth Amendment Act, 1994

Act No. 29, 1994

“(4) The first members of the Commission after the commencement of this Constitution shall be appointed [within 120 days of] as soon as possible after the first sitting of the Senate under this Constitution.”.

Amendment of section 218 of Act 200 of 1993

6. Section 218 of the Constitution is hereby amended by the substitution for subparagraph (i) of paragraph (n) of subsection (1) of the following subparagraph:

“(i)

are necessary to achieve the objectives referred to in section [217] 215; and”.

Amendment of section 219 of Act 200 of 1993

7. Section 219 of the Constitution is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:

“(b)

the recruitment of members of the Service responsible for the functions set out in subsection (1) [, and the promotion of any such members to the rank of colonel or above];”.

Amendment of section 237 of Act 200 of 1993

8. Section 237 of the Constitution is hereby amended by the insertion after paragraph (a) of subsection (2) of the following paragraph:

“(aA) In anticipation of the adoption of the Act of Parliament contemplated in section 214—

(i)

the National Commissioner and Provincial Commissioners of the South African Police Service contemplated in section 214(2)(a) may be appointed;

(ii)

a meeting of the National Commissioner and the Provincial Commissioners or their nominees shall be deemed to be a meeting of the Board of Commissioners contemplated in section 220(2) and any decision taken at such a meeting shall be deemed to be a decision of the Board;

(iii)

the existing police forces, deemed in terms of section 236(7) to constitute the South African Police Service contemplated in section 214, may be rationalised in accordance with this section; and

(iv)

proclamations to regulate such rationalisation may be issued in terms of subsection (3).”.

Amendment of section 245 of Act 200 of 1993

9. Section 245 of the Constitution is hereby amended by the substitution in paragraph (b) of subsection (3) for the expression “paragraph (b)” of the expression “paragraph (a)”.

Short title

10. (1) This Act shall be called the Constitution of the Republic of South Africa Fifth Amendment Act, 1994.

(2) Sections 4 and 5 shall be deemed to have come into operation on 16 September 1994.