Article 75 of the Constitution of South Africa

152Enactment of legislation required by new Constitution 21. (1) Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be enacted by the relevant authority within a reasonable period of the date the new Constitution took effect. (2) Section 198(b) of the new Constitution may not be enforced until the legislation envisaged in that section has been enacted. (3) Section 199(3)(a) of the new Constitution may not be enforced before the expiry of three months after the legislation envisaged in that section has been enacted. (4) National legislation envisaged in section 217(3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect, but the absence of this legislation during this period does not prevent the implementation of the policy referred to in section 217(2). (5) Until the Act of Parliament referred to in section 65(2) of the new Constitution is enacted each provincial legislature may determine its own procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the National Council of Provinces. (6) Until the legislation envisaged in section 229(1)(b) of the new Constitution is enacted, a municipality remains competent to impose any tax, levy or duty which it was authorised to impose when the Constitution took effect. National unity and reconciliation 22. (1) Notwithstanding the other provisions of the new Constitution and despite the repeal of the previous Constitution, all the provisions relating to amnesty contained in the previous Constitution under the heading “National Unity and Reconciliation” are deemed to be part of the new Constitution for the purposes of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995), as amended, including for the purposes of its validity. (2) For the purposes of subitem (1), the date “6 December 1993” , where it appears in the provisions of the previous Constitution under the heading “National Unity and Reconciliation” , must be read as “11 May 1994” . [Subitem (2) added by s. 3 of the Constitution First Amendment Act of 1997.]Schedule 6: Transitional Arrangements 153 Bill of Rights 23. (1) National legislation envisaged in sections 9(4), 32(2) and 33(3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect. (2) Until the legislation envisaged in sections 32(2) and 33(3) of the new Constitution is enacted— (a) section 32 (1) must be regarded to read as follows: “(1) Every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights. ”; and (b) section 33(1) and (2) must be regarded to read as follows: “Every person has the right to— (a) lawful administrative action where any of their rights or interests is affected or threatened; (b) procedurally fair administrative action where any of their rights or legitimate expectations is affected or threatened; (c) be furnished with reasons in writing for administrative action which affects any of their rights or interests unless the reasons for that action have been made public; and (d) administrative action which is justifiable in relation to the reasons given for it where any of their rights is affected or threatened. ” . (3) Sections 32(2) and 33(3) of the new Constitution lapse if the legislation envisaged in those sections, respectively, is not enacted within three years of the date the new Constitution took effect. Public administration and security services 24. (1) Sections 82(4)(b), 215, 218(1), 219(1), 224 to 228, 236(1), (2), (3), (6), (7)(b) and (8), 237(1) and (2) (a) and 239(4) and (5) of the previous Constitution continue in force as if the previous Constitution had not been repealed, subject to— (a) the amendments to those sections as set out in Annexure D; (b) any further amendment or any repeal of those sections by an Act of Parliament passed in terms of section 75 of the new Constitution; and (c) consistency with the new Constitution. Schedule 6: Transitional Arrangements 154 (2) The Public Service Commission and the provincial service commissions referred to in