Constitution of the Western Cape, 1997/Schedule 3

by enacted by the Western Cape Provincial Parliament

Schedule 3

Transitional Arrangements

Interpretation of existing legislation

1.

Unless inconsistent with the context or clearly inappropriate, a reference in any legislation that existed when this Constitution took effect, to the Provincial Legislature, Premier, Executive Council or member of the Executive Council, must be construed as a reference to the Provincial Parliament, Premier, Provincial Cabinet, or Provincial Minister under this Constitution.

Languages

2.

(1)

Section 5(1) of the Constitution is subject to the following:

The Western Cape government must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the equal status of Afrikaans, English and isiXhosa.

(2)

Provincial legislation envisaged in subitem (1) must be enacted within 12 months of the date when this Constitution took effect.

Provincial Parliament

3.

(1)

Anyone who is a member or office-bearer of the Provincial Legislature when this Constitution takes effect, becomes and holds office as a member or office-bearer of the Provincial Parliament in terms of this Constitution.

(2)

The Provincial Parliament as constituted in terms of subitem (1) must be regarded as having been elected under this Constitution for a term that expires on 30 April 1999.

(3)

For the duration of its term that expires on 30 April 1999, but subject to section 17(4) of this Constitution, the Provincial Parliament consists of 42 members plus the former senators who became members of the Provincial Parliament in terms of the national Constitution.

(4)

The rules and orders of the Provincial Legislature in force when this Constitution takes effect, continue in force, subject to any amendment or repeal.

Elections of the Provincial Parliament

4.

(1)

Schedule 2 to the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993), as amended by Annexure A to Schedule 6 to the national Constitution, applies—

(a)

to the first election of the Provincial Parliament under this Constitution;

(b)

to the loss of membership of the Provincial Parliament in circumstances other than those provided for in section 15(3) of this Constitution, until the second election of the Provincial Parliament under this Constitution; and

(c)

to the filling of vacancies in the Provincial Parliament, and the supplementation, review and use of party lists for the filling of vacancies, until the second election of the Provincial Parliament under this Constitution.

(2)

No election of the Provincial Parliament may be held before 30 April 1999 unless the Provincial Parliament is dissolved in terms of section 18(2) following a motion of no confidence in the Premier in terms of section 51(2).

Oaths and affirmations

5.

A person who continues in office in terms of this Schedule and who has taken the oath of office or has made a solemn affirmation under the national Constitution or under the Republic of South Africa Constitution Act, 1993 (Act No. 200 of 1993), is not obliged to repeat the oath of office or solemn affirmation under this Constitution.

Dissolution of Provincial Parliament before expiry of its term

6.

Section 18(1) of this Constitution is suspended until 30 April 1999.

Delegates to National Council of Provinces

7.

The Provincial Parliament may, until an Act of Parliament is enacted in terms of section 65(2) of the national Constitution, provide in its rules and orders for the conferral of authority on its delegation to the National Council of Provinces to deliberate, act and cast votes on its behalf in the Council.

Provincial Cabinet

8.

(1)

Anyone who is the Premier when this Constitution takes effect, continues in and holds office in terms of this Constitution as the Premier.

(2)

Subject to section 44 of this Constitution, until the second election of the Provincial Parliament under this Constitution sections 42 and 43 are deemed to read as set out in Annexure A to this Schedule.

Enactment of legislation required by this Constitution

9.

(1)

Where this Constitution requires the enactment of legislation or rules and orders of the Provincial Parliament, that legislation and those rules and orders must be enacted or adopted, as the case may be, by the relevant authority within a reasonable time after the date when this Constitution took effect.

(2)

Provincial legislation envisaged in sections 65 and 70 of this Constitution must be enacted within 12 months of the date when this Constitution took effect.

Annexure A

1.

Section 42 of this Constitution is deemed to read as follows:

Provincial Cabinet

42.

(1)

The Provincial Cabinet consists of the Premier, as head of the Provincial Cabinet, and—

(a)

no fewer than five and no more than ten Provincial Ministers who are members of the Provincial Parliament; and

(b)

a maximum of two Provincial Ministers who are eligible to be but are not members of the Provincial Parliament, provided the Premier deems the appointment of such Provincial Ministers expedient.

(2)

The Premier appoints the Provincial Ministers, assigns their powers and functions, and may dismiss them.

2.

Section 43 of this Constitution is deemed to contain the following additional subsection:

(4)

A Provincial Minister referred to in section 42(1)(b) may attend, and may speak in, the Provincial Parliament, but may not vote, and is entitled to the privilege set out in section 26 of this Constitution.