Page:Republic of South Africa Constitution Second Amendment Act 1981.djvu/2

---

General explanatory note:

[                    ]	Words in bold type in square brackets indicate omissions from existing enactments.
	Words underlined with solid line indicate insertions in existing enactments.

---

---

Act

To amend the Republic of South Africa Constitution Act, 1961, to provide that certain acts in respect of the National Flag of the Republic shall be punishable as offences; to increase the maximum fine for a contravention of section 13; to provide for the assignment of powers, duties and functions entrusted to a Minister by any law; to provide that a member of the President’s Council shall vacate his seat if he is nominated as a candidate for election at certain elections; to determine the circumstances in which the remuneration and allowances of the members of the President’s Council shall be reviewed; to further regulate the reference of any matter to a committee of the President’s Council; and to adjust the provisions relating to the alteration of provincial boundaries; to amend the provisions of the Interpretation Act, 1957, relating to the assignment of powers, duties and functions entrusted to a Minister by any law; to amend the Admission of Persons to the Republic Regulation Act, 1972, to authorize removal from the Republic on the ground of a contravention of section 5A or 13 of the Republic of South Africa Constitution Act, 1961; and to provide for matters connected therewith.

---

(Afrikaans text signed by the State President.)
(Assented to 15 October 1981.)

---

Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―

Insertion of section 5A in Act 32 of 1961.

1. The following section is hereby inserted in the Republic of South Africa Constitution Act, 1961 (hereinafter referred to as the principal Act), after section 5:

“Offences in respect of National Flag.

5A. (1) Any person who―

(a)		maliciously destroys or spoils the National Flag of the Republic as described in section 5; or
(b)		commits any other act which is calculated to hold the National Flag of the Republic in contempt; or
(c)		without being authorized thereto (the burden of proof of which shall be upon him) removes the National Flag of the Republic as so described from any place where it is displayed in terms of instructions or directions issued by any State authority,

shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or imprisonment for a period not exceeding five years.

(2) If in any prosecution for an offence referred to in subsection (1) it is alleged that the flag in respect