Page:Constitution Second Amendment Act 1992.djvu/3

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Government Gazette, 6 November 1992
No. 143805

Constitution Second Amendment Act, 1992
Act No. 146, 1992.


group (whether by virtue of an assignment under section 26 or 98 or in terms of an Act of the House in question), to a Minister of a department of State for general affairs or an administrator of a province; and
(b) declare that the provisions of Part IV shall no longer apply to the laws or provisions referred to in section 98(2) and the administration of which is being so assigned by him to an administrator.

(6) The State President may by proclamation in the Gazette

(a) when he assigns the administration of a law or a provision of a law in terms of subsection (5)(a) or at any time thereafter, and in so far as he considers it necessary for the efficient carrying out of the assignment by the Minister or in his department of State or by the administrator or in the provincial administration in question―
(i) amend or adapt such law in order to regulate its application or interpretation;
(ii) repeal and re-enact such law, whether with or without an amendment or adaptation contemplated in subparagraph (i);
(iii) in so far as he considers it necessary for the efficient carrying out of a general law, repeal any law referred to in subsection (5)(a);
(b) provide for such transitional arrangements as he considers necessary in relation to―
(i) the disposal of any asset, liability, right or obligation, including money;
(ii) the financing of State expenditure; and
(iii) subject to the laws in relation to officers and employees in the Public Service and other employees of the State, personnel matters.

(7) When the administration of any law has been assigned to any Minister or any administrator in terms of subsection (5)(a), the provisions of section 10(5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis in relation to that law as if that administrator, the provincial administration in question, and an officer of that administration, were a Minister of State, the department of State controlled by him, and an officer in the Public Service, respectively.

(8) A proclamation made under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next session.

(9) (a) If Parliament by resolution disapproves of such a proclamation or of any provision of such a proclamation, that proclamation or that provision, as the case may be, shall lapse to the extent to which it is so disapproved.

(b) The lapsing of such a proclamation or provision shall not affect―

(i) the validity of anything done under the proclamation or provision up to the date on which it so lapsed;
(ii) any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the proclamation or provision.”.


Amendment of section 99 of Act 110 of 1983

(a) by the substitution for subsection (1) of the following subsection:

“(1) Subject to the provisions of subsections (2) and (3), Parliament may by law repeal or amend or authorize the repeal or amendment of any provision of this Act.”; and

(b) by the substitution for subsections (3) and (4) of the following subsections:

“(3) No repeal or amendment of or authorization to repeal or amend section 7(1)(b), (5) or (6), section 8(5), section 9(1) or (3)(a), section 14 or 15, section 16(1), section 19, 20 or 21, section 23(2),