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constitution of south africa, 1993

constitution of south africa, 1993

6. The level at which decisions can be taken most effectively in respect of the quality and rendering of services, shall be the level responsible and accountable for the quality and the rendering of the services, and such level shall accordingly be empowered by the Constitution to do so. (2) The seat of the Appellate Division of the Supreme Court shall be Bloemfontein. Every nomination shall be submitted on the form prescribed by the Chief Justice and shall be signed by two members of Parliament and also by the person nominated, unless the person nominated has in writing signified his or her willingness to accept the nomination. (2) Reports by the Commission shall be tabled in Parliament: Provided that the Commission shall report to Parliament on its activities at least once every year. (4) An appeal shall lie to the Appellate Division against a decision of a provincial or local division in terms of subsection (3). (3) Executive authority which was vested in a person or persons referred to in subsection (1) (a), (b) or (c) in terms of a constitution or constitutional arrangement in force immediately before the commencement of this Constitution, shall during the period in which the said person or persons continue in office in terms of subsection (1), be exercised in accordance with such constitution or constitutional arrangement, as if it had not been repealed or superseded by this Constitution, and any such person or persons shall continue to be competent to administer any department of state, administration, force or other institution which was entrusted to, and to exercise and perform any power or function which was vested in, him or her or them immediately before the said commencement: Provided that-    (a)no such executive authority, power or function shall be exercised or performed if the Transitional Executive Council disapproves thereof; and    (b)once the election results of the National Assembly have been certified by the Independent Electoral Commission in terms of the Independent Electoral Commission Act, 1993, the State President referred to in subsection (1) (a) shall exercise and perform his or her powers and functions in consultation with the leader of the party which has received the largest number of votes in the said election. (3) A decision of two-thirds of the members present shall constitute a decision of the Commission. The 400 seats in the National Assembly referred to in section 40 (1), shall be filled as follows: (a) 200 seats from regional lists submitted by the respective parties, with a fixed number of seats reserved for each region as determined by the Commission for a particular election, taking into account available scientifically based data in respect of voters, representations by interested parties and the following proposed determination in respect of the various regions: Western Cape -21 seatsEastern Cape -26 seatsNorthern Cape - 4 seatsNatal -40 seatsOrange Free State -15 seatsNorth-West -17 seatsNorthern Transvaal -20 seatsEastern Transvaal -14 seatsPretoria-Witwatersrand-Vereeniging -43 seats; and. The Constitution shall be the supreme law of the land. (5) A Bill shall not be deemed to appropriate revenue or moneys or to impose taxation by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties. 96 Judicial authority    97 Appointment of Chief Justice and President of Constitutional Court    98 Constitutional Court and its jurisdiction    99 Composition of Constitutional Court and appointment of judges of Constitutional Court    100 Engaging the Constitutional Court    101 Supreme Court    102 Procedural Matters    103 Other Courts    104 Appointment, removal from office and remuneration of judges    105 Judicial Service Commission    106 Seats of Constitutional Court and Appellate Division    107 Languages    108 Attorneys-General    109 Magistrates Commission. (3) Persons appointed under this section shall be remunerated out of and as a charge on the Provincial Revenue Fund of the province. [Sub-s. (3) substituted by s. 2 (c) of Act 2 of 1994.] (8) Parliament and any provincial legislature may, subject to this section, make provision by legislation for the use of official languages for the purposes of the functioning of government, taking into account questions of usage, practicality and expense. (1) The Commission shall be competent-    (a)to make recommendations, give directions and conduct enquiries with regard to-    (i)the organisation and administration of departments and the public service;    (ii)the conditions of service of members of the public service and matters related thereto;    (iii)personnel practices in the public service, appointments, promotions, transfers, discharge and other career incidents of members of the public service and matters in connection with the employment of personnel;    (iv)the promotion of efficiency and effectiveness in departments and the public service; and    (v)a code of conduct applicable to members of the public service;    (b)when so requested, to advise the President, a Minister or a member of the Executive Council of a province in regard to any matter relating to the public service or the employment, remuneration or other conditions of service of functionaries employed by any institution or body which receives funds wholly or partly appropriated by Parliament or a provincial legislature;    (c)to exercise such other powers and perform such other functions as may be entrusted to it by a law of a competent authority; and    (d)subject to any limitation imposed by law, to delegate any of its powers to a member of the Commission or an official in the public service or authorise any such member or official to perform any of its functions. (10) It shall be an offence to influence or attempt to influence a member of the Commission to act otherwise than in accordance with the provisions of subsection (7). (1) The National Defence Force is hereby established as the only defence force for the Republic. [Date of commencement of s. 40: 9 March 1994.]. (8) No member of the Cabinet may take up any other paid employment, engage in activities inconsistent with his or her membership of the Cabinet, or expose himself or herself to any situation which carries with it the risk of a conflict between his or her responsibilities as a member of the Cabinet and his or her private interests.

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