South AfricaZA

Indexed passage in the Constitution of South Africa

Chapter
Chapter 13: of the previous Constitution continue to function in terms of that Chapter
Index row title
General Provisions
Source document
The South Africa Constitution
Provision ID
1581c695-5944-463b-8bde-bc4cfd4f1667

332 words

Verbatim text

and the legislation applicable to it as if that Chapter had not been repealed, until the Commission and the provincial service commissions are abolished by an Act of Parliament passed in terms of section 75 of the new Constitution. (3) The repeal of the previous Constitution does not affect any proclamation issued under section 237(3) of the previous Constitution, and any such proclamation continues in force, subject to— (a) any amendment or repeal; and (b) consistency with the new Constitution. Additional disqualification for legislatures 25. (1) Anyone who, when the new Constitution took effect, was serving a sentence in the Republic of more than 12 months’ imprisonment without the option of a fine, is not eligible to be a member of the National Assembly or a provincial legislature. (2) The disqualification of a person in terms of subitem (1)— (a) lapses if the conviction is set aside on appeal, or the sentence is reduced on appeal to a sentence that does not disqualify that person; and (b) ends five years after the sentence has been completed. Local government 26. (1) Notwithstanding the provisions of sections 151, 155, 156 and 157 of the new Constitution— (a) the provisions of the Local Government Transition Act, 1993 (Act 209 of 1993), as may be amended from time to time by national legislation consistent with the new Constitution, remain in force in respect of a Municipal Council until a Municipal Council replacing that Council has been declared elected as a result of the first general election of Municipal Councils after the commencement of the new Constitution; and [Subitem (a) substituted by s. 5(a) of the Constitution Second Amendment Act of 1998.] (b) a traditional leader of a community observing a system of indigenous law and residing on land within the area of a transitional local council, transitional rural council or transitional representative council, referred to in the Local Government Transition Act, 1993, and who has been identified as set out in Schedule 6: Transitional Arrangements 155

What this means

  • The index files it under the chapter heading “Chapter 13: of the previous Constitution continue to function in terms of that Chapter”.
  • The passage runs to about 332 words.
  • Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”).

The index holds no article number for this record. Cite the passage itself rather than a section number.

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How to cite this

Constitution of South Africa, passage filed under chapter “Chapter 13: of the previous Constitution continue to function in terms of that Chapter”, Portable Lawyer, https://www.portablelaw.com/provision/1581c695-5944-463b-8bde-bc4cfd4f1667 (accessed 27 September 2026).

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Accessed 27 September 2026.

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