# Constitution of the Republic of South Africa, 1996/2005-12-23/Schedule 6

Schedule 6
Transitional Arrangements
Definitions
1.
“homeland” means a part of the Republic which, before the previous Constitution took effect, was dealt with in South African legislation as an independent or a self-governing territory;
“new Constitution” means the Constitution of the Republic of South Africa, 1996;
“old order legislation” means legislation enacted before the previous Constitution took effect;
“previous Constitution” means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993).
Continuation of existing law
2.
(1)
(a)
(b)
(2)
(a)
(b)
Interpretation of existing legislation
3.
(1)
(a)
(b)
(c)
Deputy Minister or the Cabinet, must be construed as a reference to the President, the Deputy President, a Minister, a Deputy Minister or the Cabinet under the new Constitution, subject to item 9 of this Schedule;
(d)
(e)
(f)
(2)
(a)
(i)
(ii)
(b)
(i)
(ii)
National Assembly
4.
(1)
(2)
(3)
(4)
Unfinished business before Parliament
5.
(1)
(2)
Elections of National Assembly
6.
(1)
(2)
(3)
(a)
(b)
(c)
(4)
National Council of Provinces
7.
(1)
(a)
delegation to the National Council of Provinces must be the same as the proportion in which the province’s 10 senators were nominated in terms of section 48 of the previous Constitution; and
(b)
(2)
(a)
(b)
(3)
(4)
(5)
(6)
Former senators
8.
(1)
(2)
(3)
National executive
9.
(1)
(2)
(3)
Provincial legislatures
10.
(1)
(2)
(3)
(4)
Elections of provincial legislatures
11.
(1)
(a)
(b)
(c)
(2)
Provincial executives
12.
(1)
(2)
Provincial constitutions
13.
Assignment of legislation to provinces
14.
(1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(i)
(ii)
(4)
(5)
Existing legislation outside Parliament’s legislative power
15.
(1)
legislation falling outside Parliament’s legislative power when the new Constitution takes effect, remains competent to administer that legislation until it is assigned to an authority within a provincial executive in terms of item 14 of this Schedule.
(2)
Courts
16.
(1)
(a)
(b)
(2)
(a)
(b)
(3)
(a)
(b)
(4)
(a)
(b)
(5)
(a)
must be construed as a reference to the Constitutional Court under the new Constitution;
(b)
(c)
(6)
(a)
(b)
(7)
(a)
(i)
(ii)
(iii)
(iv)
(b)
(c)
Cases pending before courts
17.
Prosecuting authority
18.
(1)
(2)
Oaths and affirmations
19.
Other constitutional institutions
20.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(a)
(b)
(3)
(4)
(5)
(a)
(i)
(ii)
(b)
Enactment of legislation required by new Constitution
21.
(1)
(2)
(3)
(4)
legislation during this period does not prevent the implementation of the policy referred to in section 217(2).
(5)
(6)
National unity and reconciliation
22.
(1)
(2)
Bill of Rights
23.
(1)
(2)
(a)
(b)
“Every person has the right to —
(3)
Public administration and security services
24.
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
Additional disqualification for legislatures
25.
(1)
(2)
(a)
(b)
Local government
26.
(1)
(a)
(b)
(2)
Safekeeping of Acts of Parliament and Provincial Acts
27.
Registration of immovable property owned by the state
28.
(1)
(2)
Annexure A
Amendments to Schedule 2 to the previous Constitution
1.
“1.
2.
“2.
(a)
(b)
3.
“3.
4.
“5.
5.
(a)
“6.
(b)
“(a)
6.
“(b)
7.
“10.
8.
“11.
9.
“Designation of representatives
16.
(1)
representatives of each party in the legislature.
(2)
(3)
10.
“(b)
11.
“19.
12.
“Vacancies
23.
(1)
(a)
(b)
(2)
(3)
13.
“Additional ground for loss of membership of legislatures
23A.
(1)
(2)
(3)
(4)
(a)
(b)
14.
15.
(a)
“ ‘Commission’ means the Electoral Commission referred to in section 190 of the new Constitution;”; and
(b)
“ ‘new Constitution’ means the Constitution of the Republic of South Africa, 1996;”.
16.
Annexure B
Government of National Unity: National Sphere
1.
“(3)
(a)
(b)
(c)
(d)
other diplomatic representatives;
(e)
(f)
(g)
2.
“(3)
3.
“(a)
4.
91.
(1)
(a)
(b)
(2)
(3)
(4)
(5)
(6)
(a)
(b)
(7)
be filled by the party which designated that Deputy President.
(8)
(9)
(a)
(b)
(c)
(d)
(e)
(10)
(a)
(b)
(c)
(d)
(i)
(ii)
(e)
(11)
(a)
(b)
(c)
(12)
(13)
(a)
(i)
(ii)
(iii)
(b)
(14)
President, or, if the President so instructs, by an Executive Deputy President: Provided that the Executive Deputy Presidents preside over meetings of the Cabinet in turn unless the exigencies of government and the spirit embodied in the concept of a government of national unity otherwise demand.
(15)
5.
“Appointment of Deputy Ministers
93.
(1)
(2)
(3)
(4)
(a)
(b)
(5)
6.
“(3)
portfolios, and all members of the Cabinet are correspondingly accountable collectively for the performance of the functions of the national government and for its policies.
(4)
(5)
(6)
(a)
(b)
Annexure C
Government of National Unity: Provincial Sphere
1.
“Executive Councils
132.
(1)
(2)
(3)
(a)
(b)
(c)
(4)
(a)
(b)
(c)
(d)
(i)
(ii)
(e)
(5)
(a)
(b)
(c)
(6)
(7)
the Premier of the province.
(8)
2.
Annexure D
Public administration and security services: Amendments to sections of the previous Constitution
1.
(a)
(b)
(c)
(d)
following paragraph:
2.
3.
“Provided that this subsection shall also apply to members of any armed force which submitted its personnel list after the commencement of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), but before the adoption of the new constitutional text as envisaged in section 73 of that Constitution, if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did participate in the Transitional Executive Council or did take part in the first election of the National Assembly and the provincial legislatures under the said Constitution.”.
4.
5.
(a)
(b)
“(6)
(c)
6.
(a)
(b)
7.