OFFICE
OF THE PRESIDENT
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- No. 1231 13 July 1994
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- NO. 5 OF 1994: INDEPENDENT
ELECTORAL COMMISSION AMENDMENT ACT, 1994.
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- It is hereby notified that
the President has assented to the following
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Act, which is hereby
published for general information:
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- GENERAL EXPLANATORY
NOTE:
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- ** ** Words between
asterisks indicate omissions from existing enactments.
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- << >> Words
between double pointed brackets indicate insertions in existing
enactments.
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ACT
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- To amend the Independent
Electoral Commission Act, 1993, so as to make further provision
regarding the term of office and conditions of service of members
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of the Independent Electoral
Commission; to further regulate the winding-up and dissolution of
the said Commission; and to provide
for matters connected therewith.
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- (Afrikaans text
signed by the President.) (Assented to 5 July 1994.)
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- BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:-
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Amendment
of section 6 of Act 150 of 1993
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- 1.Section 6 of the
Independent Electoral Commission Act, 1993 (hereinafter referred to
as the principal Act), is hereby amended-
(a)by the substitution for
paragraph (b) of subsection (1) of the following paragraph:
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- (b)serve in a full-time
capacity to the exclusion of any other duty or obligation arising
out of any other employment or occupation
or the holding of any
other <<office, unless specifically authorised thereto by the
President.";>>
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- (b)by the substitution
for paragraph (a) of subsection (2) of the following paragraph:
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- (a)during his or her term
of office be eligible for appointment or nomination to any
political **or public** office, whether
involving remuneration or
not,** and such ineligibility shall, in respect of such public
office, continue for a period of 18
months reckoned from the date
upon which such term of office as a member has terminated,
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save in respect of the
resumption of any previously held public office at the same
level**;"; and
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- (c)by the substitution
for paragraph (f) of subsection (2) of the following paragraph:
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- accept any remuneration,
emolument or benefit, of whatever nature, arising from any other
employment or occupation or the holding
of any other office, unless
specifically authorised thereto by the **State** President**,
acting upon the advice of the Transitional
Council**;".
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Substitution
of section 9 of Act 150 of 1993
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2.The following section is
hereby substituted for section 9 of the principal Act:
"Dissolution of
Commission
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9.<<(1)>>
The Commission shall be dissolved upon the completion of its mandate
on a date fixed by the **State** President
by proclamation in the
Gazette.
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- (2)<<In the
proclamation referred to in subsection (1), the President shall
designate a department of state or other institution,
which shall
wind up the affairs of the Commission, and the President may make
any other order therein relating to the said
winding-up that he or
she deems expedient.
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- (3)For the purposes of
any legal relationship, including legal proceedings involving the
Commission, the Minister of such department
of state or the head of
the institution in question, as the case may be, shall be the
successor in title to the Commission.".>>
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Substitution
of section 10 of Act 150 of 1993
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- 3.The following section is
hereby substituted for section 10 of the principal Act:
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"Conditions of service,
remuneration and allowances of members of
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Commission and International
Advisory Committee
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- 10.The conditions of
service, remuneration, allowances and other benefits of members of
the Commission and the International Advisory
Committee shall,
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<<from time to time,>>
be determined by the **Transitional Council after consultation with
the State** President.".
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Short
title and commencement
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- 4. This Act shall be
called the Independent Electoral Commission Amend- ment Act, 1994,
and subsections (a) and (c) of section
1 and section 3 shall be
deemed to have come into operation on 10 May 1994.
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