Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/131

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Schedule 6—Transitional Arrangements

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must be construed as a reference to the Constitutional Court under the new Constitution;

(b)

the Appellate Division of the Supreme Court of South Africa, must be construed as a reference to the Supreme Court of Appeal; and

(c)

a provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or general division of that court, must be construed as a reference to a High Court.

(6)

(a)

As soon as is practical after the new Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Constitution.

(b)

The Cabinet member responsible for the administration of justice, acting after consultation with the Judicial Service Commission, must manage the rationalisation envisaged in paragraph (a).

Cases pending before courts

17.

All proceedings which were pending before a court when the new Constitution took effect, must be disposed of as if the new Constitution had not been enacted, unless the interests of justice require otherwise.

Prosecuting authority

18.

(1)

Section 108 of the previous Constitution continues in force until the Act of Parliament envisaged in section 179 of the new Constitution takes effect. This subitem does not affect the appointment of the National Director of Public Prosecutions in terms of section 179.

(2)

An attorney-general holding office when the new Constitution takes effect, continues to function in terms of the legislation applicable to that office, subject to subitem (1).

Oaths and affirmations

19.

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 previous Constitution, is not obliged to repeat the oath of office or solemn affirmation under the new Constitution.

Other constitutional institutions

20.

(1)

In this section “constitutional institution” means —

(a)

the Public Protector;

(b)

the Human Rights Commission;

(c)

the Commission on Gender Equality;

(d)

the Auditor-General;

(e)

the South African Reserve Bank;

(f)

the Financial and Fiscal Commission;