Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/8

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

Decision of questions on own or general nature of matters.

16. (1) (a) Any question arising in the application of this Act as to whether any particular matters are own affairs of a population group shall be decided by the State President, who shall do so in such manner that the governmental institutions serving the interests of such population group are not by the decision enabled to affect the interests of any other population group, irrespective of whether or not it is defined as a population group in this Act.

(b) All such questions shall be general affairs.

(2) The State President may, if he deems it expedient, but subject to the provisions of section 31―

(a)

express his decision on any question contemplated in subsection (1) by proclamation in the Gazette; or

(b)

make his decision on any such question known for general information by such a proclamation known or make it known or cause it to be made known in such manner as he may deem fit,

and shall advise the Chairman of each Ministers’ Council of every such decision.

(3) When the State President assigns the administration of a law to a Minister of a department of State for own affairs of a population group under section 26 or 98 he shall do so in pursuance of a decision under this section that the law, in so far as its administration is so assigned, deals with own affairs of the population group in question.

Reference of questions to President’s Council for advice, and consultation on certain matters.

17. (1) The State President may refer any question which is being considered by him in terms of section 16 to the President’s Council for advice.

(2) (a) Before the State President issues a certificate under section 31 in respect of a bill or an amendment or a proposed amendment thereof, he shall consult the Speaker of Parliament and the Chairmen of the respective Houses in such manner as he deems fit.

(b) Paragraph (a) does not apply to the issue of a certificate in respect of a bill or an amendment thereof which has been altered as a result of the consultation in terms of that paragraph.

Validity of State President’s decisions on own or general nature of matters.

18. (1) Any division of the Supreme Court of South Africa shall be competent to inquire into and pronounce upon the question as to whether the provisions of section 17 (2) were complied with in connection with a decision of the State President contemplated in those provisions.

(2) Save as provided in subsection (1), no court of law shall be competent to inquire into or pronounce upon the validity of a decision of the State President that matters mentioned in the decision are own affairs of a population group, or are not own affairs of a population group, as the case may be.

(3) For the purposes of subsection (2), the matters dealt with in any bill which, when introduced in a House, is not endorsed with or accompanied by a certificate contemplated in section 31, shall be deemed to be matters which are not own affairs of any population group by virtue of a decision of the State President.

Part V

The Executive Authority

Executive authority.

19. (1) The executive authority of the Republic―

(a)

in regard to matters which are own affairs of any population group is vested in the State President acting on the advice of the Ministers’ Council in question;

(b)

in regard to general affairs is vested in the State President acting in consultation with the Ministers who are members of the Cabinet.