Page:Constitution of the Republic of South Africa Amendment Act 2001 from Government Gazette.djvu/8

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Act No. 34, 2001

Constitution of the Republic of South Africa Amendment Act, 2001

(3) Judicial officers, and acting judicial officers, other than judges, must swear/affirm in terms of national legislation.”.

Amendment of Schedule 3 to Act 108 of 1996, as amended by section 2 of Act 3 of 1999

19. Schedule 3 to the Constitution is hereby amended by the substitution for item 9 of Part A of the following item:

“Rules

9. (1) The [President of the Constitutional Court] Chief Justice must make rules prescribing—

(a)

the procedure for meetings to which this Schedule applies;

(b)

the duties of any person presiding at a meeting, and of any person assisting the person presiding;

(c)

the form on which nominations must be submitted; and

(d)

the manner in which voting is to be conducted.

(2) These rules must be made known in the way that the [President of the Constitutional Court] Chief Justice determines.”.

Amendment of Schedule 6 to Act 108 of 1996, as amended by section 3 of Act 35 of 1997 and section 5 of Act 65 of 1998

20. Schedule 6 to the Constitution is hereby amended—

(a)

by the deletion of subitems (2) (b) and (3) (b) of item 16; and

(b)

by the addition to item 16 of the following subitem:

“(7) (a) Anyone holding office, when the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, as—

(i)

the President of the Constitutional Court, becomes the Chief Justice as contemplated in section 167 (1) of the new Constitution;

(ii)

the Deputy President of the Constitutional Court, becomes the Deputy Chief Justice as contemplated in section 167 (1) of the new Constitution;

(iii)

the Chief Justice, becomes the President of the Supreme Court of Appeal as contemplated in section 168 (1) of the new Constitution; and

(iv)

the Deputy Chief Justice, becomes the Deputy President of the Supreme Court of Appeal as contemplated in section 168 (1) of the new Constitution.

(b) All rules, regulations or directions made by the President of the Constitutional Court or the Chief Justice in force immediately before the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, continue in force until repealed or amended.

(c) Unless inconsistent with the context or clearly inappropriate, a reference in any law or process to the Chief Justice or to the President of the Constitutional Court, must be construed as a reference to the Chief Justice as contemplated in section 167 (1) of the new Constitution.”.

Short title and commencement

21. This Act is called the Constitution of the Republic of South Africa Amendment Act, 2001.