Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/30

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

Certain rights and obligations under conventions, etc., vest in Republic.

94. All rights and obligations under conventions, treaties or agreements which were binding on any of the Colonies incorporated in the Union of South Africa at its establishment, and were still binding on the Republic immediately before the commencement of this Act, shall be rights and obligations of the Republic, just as all other rights and obligations under conventions, treaties or agreements which immediately before the commencement of this Act were binding on the Republic.

Transfer of certain executive powers.

95. All powers, authorities and functions which immediately before the commencement of the previous Constitution were in any of the provinces vested in the Governor-General or in the Governor-General-in-Council or in any authority of the province, shall as far as they continue in existence and are capable of being exercised after the commencement of this Act, be vested in the State President, or in the authority exercising similar powers under the Republic, as the case may be, except such powers, authorities and functions as are by this Act or any other law vested in some other authority.

Affirmation in lieu of oath.

96. Any person who is in terms of any provision of this Act required to make and subscribe an oath may in lieu of such oath make and subscribe a solemn affirmation in corresponding form.

Construction of certain references.

97. Any reference in any law in force in any part of the Republic, or in any territory in respect of which Parliament is competent to legislate, immediately before the commencement of this Act―

(a)

to any territory, institution or functionary which in terms of the previous Constitution was required to be construed as a reference to the Republic, shall be so construed;

(b)

to an institution, body or functionary which in terms of the previous Constitution was required to be construed as a reference to the State President, shall be so construed;

(c)

to the House of Assembly or a member thereof, or to an institution or body or a member thereof which in terms of the previous Constitution was required to be construed as a reference to the House of Assembly or a member thereof, shall be construed as a reference to Parliament or the Houses or a House or to a member of a House, as the case may be or the circumstances may require, unless it is inconsistent with the context or clearly inappropriate;

(d)

to the Executive Council, shall be construed as a reference to the Cabinet or to the relevant Ministers’ Council, according to the circumstances;

(e)

to the President’s Council, shall be construed as a reference to the President’s Council established in terms of this Act;

(f)

to the Secretary or the Deputy Secretary to the House of Assembly, or to a functionary which in terms of the previous Constitution was required to be construed as a reference to the Secretary or the Deputy Secretary to the House of Assembly, shall be construed as a reference to the Secretary or Deputy Secretary, respectively, to Parliament.

Administration of existing laws.

98. (1) Any Act of Parliament or other law which at the commencement of this Act is administered by a Minister of the Republic or in a department of State controlled by such a Minister and which relates to a matter referred to in section 14 shall, notwithstanding the fact that it relates to such matter, be regarded as a general law for the purposes of this Act until, and except in so far as, its administration is assigned under section 26 to a Minister of a department of State for own affairs of a population group.

(2) Any ordinance of a province or other law which entrusts any power, duty or function to the executive committee or other