Page:Constitution of the Republic of South Africa Second Amendment Act 1995 from Government Gazette.djvu/3

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Act No. 44, 1995

Constitution of the Republic of South Africa Second Amendment Act, 1995

(c) A Deputy President of the Constitutional Court shall—

(i)

in the absence of the President of the Constitutional Court, and if an Acting President of the Constitutional Court has not been appointed in terms of subsection (8), perform the functions of the President of the Constitutional Court; and

(ii)

perform such other functions of the President of the Constitutional Court as he or she may assign to him or her.”.

Amendment of section 100 of Act 200 of 1993

2. Section 100 of the principal Act is hereby amended by the addition of the following subsection:

“(3) (a) Subject to the provisions of the Constitutional Court Complementary Act, 1995 (Act No. 13 of 1995), and the rules of the Constitutional Court, matters which come before the Court shall be heard and determined by the President of the Constitutional Court and all the judges of the Court.

(b) Whenever a member of the Constitutional Court is absent or unable to perform his or her functions, or if a vacancy among the members of the Court arises, the remaining members of the Court may hear and determine any matter: Provided that no matter shall be heard and determined by less than eight members of the Court.

(c) If, at any stage of a hearing, a member of the Constitutional Court is absent or unable to perform his or her functions, or if a vacancy among the members of the Court arises—

(i)

and the remaining members of the Court are not less than eight in number—

(aa)

such hearing shall continue before the remaining members of the Court; and

(bb)

the decision of the majority of the remaining members of the Court shall, if that majority is also a majority of the members of the Court before whom the hearing commenced, be the decision of the Court; or

(ii)

and the remaining members of the Court are less than eight, or if the majority of the remaining members of the Court is not also a majority of the members of the Court before whom the hearing commenced, the proceedings shall be stopped and commenced de novo.”.

Amendment of section 101 of Act 200 of 1993, as amended by section 4 of Act 13 of 1994

3. Section 101 of the principal Act is hereby amended by the addition of the following subsection:

“(7) Any division of the Supreme Court shall have jurisdiction to grant an interim interdict or similar relief, pending the determination by the Constitutional Court of any matter referred to in section 98(2), notwithstanding that such interdict or relief might have the effect of suspending or otherwise interfering with the application of the provisions of an Act of Parliament.”.

Substitution of section 143 of Act 200 of 1993

4. The following subsection is hereby substituted for subsection (2) of section 143 of the principal Act:

“(2) (a) [The Executive Council of a province] A provincial legislature shall [after consultation with the Commission on Provincial Government] appoint a Secretary and such other staff as may be necessary for the discharge of the work of such legislature.

(b) Except in so far as may be otherwise determined by resolution of the provincial legislature concerned, any person who was prior to the date of commencement of the Constitution of the Republic of South Africa Second Amendment Act, 1995, appointed to the staff, or as the Secretary, of a provincial legislature, and who is at such commencement still serving as such, shall be deemed to have been appointed in accordance with paragraph (a).”.