Page:Republic of South Africa Constitution Second Amendment Act 1981.djvu/3

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of which the offence is alleged to have been committed is or was the National Flag of the Republic as described in section 5, it shall be presumed unless the contrary is proved that the flag in question complies or, as the case may be, complied with the description of the National Flag in that section.”.

Substitution of section 13 of Act 32 of 1961, as substituted by section 8 of Act 101 of 1980.

2. The following section is hereby substituted for section 13 of the principal Act:

“Protection of dignity and reputation of State President, Vice State President and Acting State President.

13. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the State President, the Vice State President or an Acting State President, shall be guilty of an offence and liable on conviction to a fine not exceeding [two] ten thousand rand or imprisonment for a period not exceeding five years.”.

Insertion of section 20A in Act 32 of 1961.

3. The following section is hereby inserted in the principal Act after section 20:

“Assignment of certain powers, duties and functions of a Minister.

20A. (1) The State President may assign the administration of any provision in any law which entrusts to a Minister any power, duty or function, to any other Minister, either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to such first-mentioned Minister. (2) The Prime Minister may assign any power, duty or function entrusted to him by any law, to any other Minister to be exercised or performed on his behalf by such other Minister.”.

Amendment of section 54 of Act 32 of 1961, as substituted by section 21 of Act 101 of 1980.

4. Section 54 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Any member of the President’s Council who―

(a)		is nominated in terms of section 41 of the Electoral Act, 1979 (Act No. 45 of 1979), as a candidate for election for an electoral division of the House of Assembly or a provincial council, shall vacate his seat as a member of the President’s Council with effect from the relevant nomination day fixed in terms of section 34 of that Act;
(b)		is nominated or elected in terms of section 40 (1) (b) or (c) of this Act as a member of the House of Assembly, shall vacate his seat as a member of the President’s Council with effect from the day on which he is so nominated or elected.”.

Amendment of section 102 of Act 32 of 1961, as inserted by section 34 of Act 101 of 1980.

5. Section 102 of the principal Act is hereby amended by the addition to subsection (4) of the following paragraph:

“(c)

Such remuneration and allowances shall be reviewed whenever any general revision or adjustment of salaries and allowances of public servants is made under the laws relating to the Public Service, regard being had to the considerations, principles and criteria applied at such revision or adjustment.”.

Amendment of section 106 of Act 32 of 1961, as inserted by section 34 of Act 101 of 1980.

6. Section 106 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Whenever a matter is referred to the President’s Council for its advice or when it is of the opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 104 (2) for its advice, and if the President’s Council is not in session, reference of