Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/133

---

Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Schedule 6—Transitional Arrangements

---

legislation during this period does not prevent the implementation of the policy referred to in section 217(2).

(5)

Until the Act of Parliament referred to in section 65(2) of the new Constitution is enacted each provincial legislature may determine its own procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the National Council of Provinces.

(6)

Until the legislation envisaged in section 229(1)(b) of the new Constitution is enacted, a municipality remains competent to impose any tax, levy or duty which it was authorised to impose when the Constitution took effect.

National unity and reconciliation

22.

Notwithstanding the other provisions of the new Constitution and despite the repeal of the previous Constitution, all the provisions relating to amnesty contained in the previous Constitution under the heading “National Unity and Reconciliation” are deemed to be part of the new Constitution for the purposes of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995), as amended, including for the purposes of its validity.

Bill of Rights

23.

(1)

National legislation envisaged in sections 9(4), 32(2) and 33(3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect.

(2)

Until the legislation envisaged in sections 32(2) and 33(3) of the new Constitution is enacted —

(a)

section 32(1) must be regarded to read as follows:

“(1)

Every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights.”; and

(b)

section 33(1) and (2) must be regarded to read as follows:

“Every person has the right to —

(a)

lawful administrative action where any of their rights or interests is affected or threatened;

(b)

procedurally fair administrative action where any of their rights or legitimate expectations is affected or threatened;

(c)

be furnished with reasons in writing for administrative action which affects any of their rights or interests unless the reasons for that action have been made public; and

(d)

administrative action which is justifiable in relation to the reasons given for it where any of their rights is affected or threatened.”.

(3)

Sections 32(2) and 33(3) of the new Constitution lapse if the legislation envisaged in those sections, respectively, is not enacted within three years of the date the new Constitution took effect.