|
NO.
201
OF
1993:
CONSTITUTION
CONSEQUENTIAL
AMENDMENTS
ACT
,
1993.
-
STATE
PRESIDENT'S
OFFICE
-
- No.
186.
28
January
1994
-
NO.
201
OF
1993:
CONSTITUTION
CONSEQUENTIAL
AMNEDMENTS
ACT
,
1993.
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
informatio-n:
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in
bold
type
indicate
omissions
from
existing
encatments.
Words
in
italics
indicate
insertions
in
existing
enactments.
ACT
-
- To
amend
the
State
Liability
Act,
1957,
the
Interpretation
Act,
1957,
and
the Transitional
Executive
Council
Act,
1993,
in
order
ot
provide
for
certain matters
consequential
upon
the
Constitution
of
the
Republic
of
South
Africa,
-
1993.
-
- (English
text
signed
by
the
State
President.)
(Assented
to
25
January
1994.)
-
- Amendment
of
section
2
of
Act
20
of
1957
-
- 1.Section
2
of
the
State
Liability
Act,
1957,
is
hereby
amended
by
the addition
of
the
following
subsection,
the
existing
section
becoming
subsection (1):
-
"(2)
For
the
purposes
of
subsection
(1),
"Minister"
shall,
where
appropriate,
be
interpreted
as
referring
to
a
member
of
the
Executive
Council
of
a
province.".
-
- Substitution
of
section
3
of
Act
20
of
1957,
as
amended
by
section
36
of
Act
-
9
of
1989
-
- 2.The
following
section
is
hereby
substituted
forsection
3
of
the
State
-
Liability
Act,
1957:-
- "Satisfaction
of
judgment
-
- 3.No
execution,
attachment
or
like
process
shall
be
issued against
the
defendant
or
respondent
in
any
such
action
or proceedings
oragainst
any
property
of
the
State,
but
the
amount, if
any,
which
may
be
required
to
satisfy
any
judgment
or,
order given
or
made
against
the
nominal
defendant
or
respondent
in
any such
action
or
proceedings
may
be
paid
outof
the
Consolidated
National
Revenue
Fund
or
a
Provincial
Revenue
Fund,
as
the
case may
be.".
-
- Amendment
of
section
4
of
Act
20
of
1957
-
- 3.Section
4
of
the
State
Liability
Act,
1957,
is
hereby
amended
by
the substitution
for
paragraph
(a.)
of
the
following
paragraph:
-
- (a)limits
the
liability
of
the
State
or
the
national
government or
a
provincial
government
or
any
department
thereof
in
-
respect
of
any
act
or
omission
of
its
servants:or
-
Amendment
of
section
2
of
Act
33
of
1957,
as
amended
by
section
2
of
Act
45 of
1961
and
section
22
of
Act
69
of
1986
-
- 4.Section
2
of
the
Interpretation
Act,
1957
(hereinafter
referred
to as
the
Interpretation
Act),
is
hereby
amende-d
-
- (a)
by
the
deletion
of
the
definition
of
"administrator";
(b)
by
the
addition
to
the
definition
of
"Gazette"
of
the
following
paragraph:
-
- "(c)
in
the
case
of
laws,
proclamations,
regulations,
notices
or
other
documents
published
after
the date
of
commencement
of
the
Constitution
and
required
under
any
law
to
be
published
in
the Gazette
or
the
Provincial
Gazette
or
anoyther
official
Gazette,
means
the
Government
Gazette of
the
Republic
or
the
relevant
Provincial
Gazette,
according
to
whether
the
administration
of
thelaw
concerned
or,
as
the case
may
be,
the
law
conferring
the
power
to make
or
issue
such
a
proclamation,
regulation,
notice
or
other
document,
vests
in,
or
in
a
functionary
of,
the
national
government
or
a
provincial
government;";
-
- (c)
by
the
substitution
for
the
definition
of
"Governo-rGeneral"
of
the following
definition:
-
'Governor-General'
means
the
State
President
as
-
defined
in
this
section;";
-
- (d)
by
the
insertion
after
the
definition
of
"person"
of
the
following
definitions:
-
"
'Premier',
with
reference
to
a
province,
means
the
-
Premier
of
that
province,
including
any
acting
Premier,
acting
in
terms
of
the
Constitution;
-
'President'
means
the
President
of
the
Republic,
including
-
any
acting
President,
acting
in
terms
of
the
-
Constitution;";
-
(e)
by
the
substitution
for
the
definition
of
"province"
of
the following
definition:
-
"'province'-
-
- (a)
in
the
case
of
a
law
referred
to
in
section
229
of
the
-
Constitution,
means
a
province
of
the
Republic
as it
existed
immediately
before
the
commencement
of the
Constitution;
-
- (b)
in
the
case
of
a
law
passed
or
made
after
the
commencement
of
hte
Constitution,
or
passed
or
made before
such
commencement,
but
with
reference
to
the
Constitution,
means
a
province
of
the
Republic
referred
to
in
section
124(1)
of
the
Consti-tu
tion;";
-
by
the
deletion
of
the
definition
of
"provincial
council";
-
- (g)
by
the
substitution
for
the
definition
of
"State
President"
of
the following
definition:
-
"
'State
President'
means.
subject
to
section232(1)(c)
-
of
the
Constitution,
the
President
or
the
Premier
of
a province;";
-
- (h)
by
the
insertion
after
the
definition
of
"State
President"
of
the following
definition:
-
"
'the
Constitution'
maens
the
Constitution
of
the
-
Republic
of
South
Africa,
1993;";
and
-
- (i)
by
the
substitution
for
the
definition
of
"the
Republic"
of
the following
definition:
-
"
'the
Republic'
means,
subject
to
section
232(1)(ao)f
-
the
Constitution,
the
territorial
limits
of
the
Republic of
South
Africa
referred
to
in
section
1
of
the
Constitution;".
-
- Amendment
of
section
10
of
Act
33
of
1957,
as
amended
by
section
1
of
Act
7 of
1959,
section
4
of
Act
45
of
1961,
section
I
of
Act
42
of
1977,
section
-
8
of
Act
101
of
1981
and
section
101
of
Act
110
of
1983
-
- 5.Section
10
of
the
Interpretation
Act
is
hereby
amende-d
-
- (a)
by
the
substitution,
in
subsection
(5),
for
the
wordspreceding
paragraph
(a)
of
the
following
words:
-
- "Whenever
the
administration
of
any
law
or
any
provision
of any
law
which
confers
a
power
or
imposes
a
duty
upon
or entrusts
a
function
to
any
Minitser
of
State,
member
of
the Executive
Council
of
a
province
or
other
authority
has
-
under
section
26
of
the
Republic
of
South
Africa)
Constitution
Act,
1983
been
assigned
by
the
State
Presidentor
the
Premier
of
a
province
to
any
other
-
Minister,
member
of
such
Executive
Council
or
authority,
as the
case
may
be,
that
power
may
be
exercised
by
such
other
Minister,
member
of
the
Executive
Council
oruathority
and that
duty
shall
and
that
function
may
be
performed
by
him, and-";
-
- (b)
by
the
substitution
for
paragraph
(a)
of
subsection
(5)
of
the following
paragraph:
-
- (a)
any
reference
inthat
law
or
provision
to
the
a department
of
State,
including
any
division
of
any
department
or
administration,
administered
by
such first
mentioned
Minister,
member
of
the
Executive
Council
or
authority
shall
be
construed
as
a reference
to
the
department
of
State
administered
by
such
last
mentioned
Minister,
member
of
the
Executive
Council
or
authority;";
-
- (c)
by
the
substitution
for
subsection
(5A)
of
the
following
subsection:
-
- "(5A)
The
provisions
of
subsection
(5)
shall
apply
in so
far
as
the
State
President
or
the
Premier
of
a
-
province
does
not
determine
otherwise
in
the
assignment
concerned
and,
if
the
administration
of
any
law
or
a provision
of
any
law
has
been
assigned
to
any
other
Minister,
member
of
the
Executive
Council
of
a
province
or authority
as
contemplated
in
that
subsection,
but
in relation
to
a
category
of
persons
or
some
other
matter
specified
in
the
assignment,
the
provisions
of
that
subsection
shall
apply
accordignly.
";
and
-
- (d)
by
the
deletion
of
subsection
(5B).
-
- Amendment
of
section
13
of
Act
33
of
1957,
as
amended
by
section
10
of
Act
129 of
1993
-
- 6.
Section
13
of
the
Interpretation
Act
is
hereby
amended
by
the
-
substitution
in
subsection
(3)for
the
words
"State
President"
of
the
words
-
"President
or
the
Premier
of
a
province".
-
- Amendment
of
section
15
of
Act
33
of
1957,
as
amended
by
section
5
of
Act
45 of
1961
-
- 7.
Section
15
of
the
Interpretation
Act
is
hereby
amended
by
the substitution
for
the
words
"State
President"
of
the
words
"President
or
the Premier
of
a
province".
-
- Substitution
of
section
16
of
Act
33
of
1957,
as
amended
by
section
5
of
-
Act
45
of
1961
-
- 8.
The
following
section
is
hereby
substituted
for
sectnio16
of
the
-
Interpretation
Act:
-
- "Certain
enactments
to
be
published
in
Gazette
-
- 16.
When
any
b-ylaw,
regulation,
rule
or
order
is
authorized by
any
law
to
be
made
by
the
State
President
an
Administrator
-
or
a
Minister
or
by
the
Premier
of
a
province
or
a
member
of
the
-
Executive
Council
of
a
province
or
by
any
local
authority,
public body
or
person
with
the
approval
of
the
State
President
an
Administrator
or
a
Minister,
or
fo
the
Premier
of
a
province
or
- a
member
of
the
Executive
Council
of
a
province,
such
-
- -blyaw,
- regulation,
rule
or
order
shall,
subject
to
the
provisions
relative to
the
force
and
effect
thereof
in
any
law,
be
published
in
eth
Gazette.".
-
- Amendment
of
section
16A
of
Act
33
of
1957,
as
inserted
by
section
13
of
Act
-
102
of
1967
-
- 9.
Section
16A
of
the
Interpretation
Act
is
hereby
amende-d
-
- (a)
by
the
substitution
for
the
words
"State
President",
whereerv
they
occur,
of
the
word
"President";
and
-
- (b)
by
the
addition
of
the
following
subsection:
-
- "(6)
The
Premier
of
a
province
may
exercise
the
President's
powers
in
terms
of
this
section
with
reference to
such
province.".
-
- Substitution
of
section
17
of
Act
33
of
1957,
as
substituted
by
section
22
of
-
Act
69
of
1986
-
- 10.
The
following
section
is
hereby
substituted
for
section
17
of
the
-
Interpretation
Act:
-
- "List
of
certain
proclamations
and
notices
to
be
submitted to
Parliament
and
provincial
legislatures
-
- 17.
When
the
State
President,
a
Minister
or
the
administrator
Premier
or
a
member
of
the
Executive
Council of
a
province
is
by
any
law
authorized
to
make rules
or
regulations
for
any
purpose
in
such
law
stated,
-
or
when
an
administrator
acts
in
terms
of
section
14(2)(a) of
the
Provincial
GovernmentAct,
19861
notwithstanding
the
provisions
of
any
law
to
the
contrary,
a
list
of
the
proclamations,
government
notices
and
provincial
notices under
which
such
rules
or
regulations
or
action
were
published
in
the
Gazette
during
the
period
covered
in
the list,
stating
in
each
case
the
number,
date
and
title
of the
proclamation,
government
notice
or
provincial
notice
and
the
number
and
date
of
the
Gaeztte
in
which
it
was published,
shall
be
laid
upon
the
Table
in
the
House
concerned
or
in
submitted
to
Parliament
or
the -
provincial
legislature
concerned,
as
the
case
may
be,
within
fourteen
days
after
the
publication
of
the
rules
or regulations
or
action
in
the
Gazette
if
Parliament
is
then
-
in
session,
or
if
Parliament
is
not
then
in
session,
within
fourteen
days
after
the
commencement
of
its
ntexensuing
session.".
-
- Amendment
of
section
1
of
Act
151
of
1993
-
- 11.
Section
1
of
the
Transitional
Executive
Council
Act,
1993,
is
hereby amended
by
the
addition
of
the
following
subsections,
the
existing
section becoming
subsection
(1):
-
- "(2)
Where
in
this
Act
any
functionary
is
required
to
take
a decision
in
consultation
with
another
functionary,
such
decision
shall require
the
concurrence
of
such
other
functionary:
Provided
that
if such
other
functionary
is
a
body
of
persons
it
shall
express
its concurrence
in
accordance
with
its
own
decisio-nmaking
procedures.
-
- (3)
Where
in
this
Act
any
functionary
is
required
to
take
a decision
after
consultation
with
another
functionary,usch
decision shall
be
taken
in
good
faith
after
consulting
and
giving
serious
consideration
to
the
views
of
such
other
functionary.".
-
- Short
title
and
commencement
-
12.
This
Act
shall
be
called
the
Constitution
Consequential
Amendments Act,
1993.
and
shall
come
into
operation
on
the
date
of
commencement
of
the Constitution
of
the
Republic
of
South
Africa,
1993.
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