# Article 143 of the Constitution of South Africa

- Jurisdiction: South Africa (ZA)
- Article: 143
- Chapter (as indexed): Chapter must: be women or men who—Chapter 9: State Institutions supporting Constitutional Democracy
- Source document: The South Africa Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/5de451ff-e0e4-4f80-812c-81130b4a4029
- This document: https://www.portablelaw.com/provision/5de451ff-e0e4-4f80-812c-81130b4a4029/md
- Constitution: https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856

## Verbatim text

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Assignment of legislation to provinces
14. (1)  Legislation with regard to a matter within a functional area listed in Schedule 4 or
5 to the new Constitution and which, when the new Constitution took effect, was
administered by an authority within the national executive, may be assigned by the
President, by proclamation, to an authority within a provincial executive designated
by the Executive Council of the province.
(2) To the extent that it is necessary for an assignment of legislation under subitem (1)
to be effectively carried out, the President, by proclamation, may—
(a)  amend or adapt the legislation to regulate its interpretation or application;
(b)  where the assignment does not apply to the whole of any piece of legislation,
repeal and re-enact, with or without any amendments or adaptations referred
to in paragraph (a), those provisions to which the assignment applies or to the
extent that the assignment applies to them; or
(c)  regulate any other matter necessary as a result of the assignment, including
the transfer or secondment of staff, or the transfer of assets, liabilities, rights
and obligations, to or from the national or a provincial executive or any
department of state, administration, security service or other institution.
(3) (a)  A copy of each proclamation issued in terms of subitem (1) or (2) must be
submitted to the National Assembly and the National Council of Provinces
within 10 days of the publication of the proclamation.
(b) If both the National Assembly and the National Council by resolution
disapprove the proclamation or any provision of it, the proclamation or
provision lapses, but without affecting—
(i) the validity of anything done in terms of the proclamation or provision
before it lapsed; or
(ii)  a right or privilege acquired or an obligation or liability incurred before it
lapsed.
(4) When legislation is assigned under subitem (1), any reference in the legislation to
an authority administering it, must be construed as a reference to the authority to
which it has been assigned. Schedule 6: Transitional Arrangements
148 (5) Any assignment of legislation under section 235(8) of the previous Constitution,
including any amendment, adaptation or repeal and re-enactment of any
legislation and any other action taken under that section, is regarded as having
been done under this item.
Existing legislation outside Parliament’s legislative power
15. (1)  An authority within the national executive that administers any legislation falling
outside Parliament’s legislative power when the new Constitution takes effect,
remains competent to administer that legislation until it is assigned to an authority
within a provincial executive in terms of item 14 of this Schedule.
(2)  Subitem (1) lapses two years after the new Constitution took effect.
Courts
16. (1)  Every court, including courts of traditional leaders, existing when the new
Constitution took effect, continues to function and to exercise jurisdiction in terms
of the legislation applicable to it, and anyone holding office as a judicial officer
continues to hold office in terms of the legislation applicable to that office, subject
to—
(a)  any amendment or repeal of that legislation; and
(b)  consistency with the new Constitution.
(2) (a)  The Constitutional Court established by the previous Constitution becomes the
Constitutional Court under the new Constitution.
(b)…….
[Subitem (b) deleted by s. 20(a) of the Constitution Sixth Amendment Act of 2001.]
(3) (a)  The Appellate Division of the Supreme Court of South Africa becomes the
Supreme Court of Appeal under the new Constitution.
(b)…….
[Subitem (b) deleted by s. 20(a) of the Constitution Sixth Amendment Act of 2001.]
(4) (a)  A provincial or local division of the Supreme Court of South Africa or a supreme
court of a homeland or a general division of such a court, becomes a High Court
under the new Constitution without any alteration in its area of jurisdiction,
subject to any rationalisation contemplated in subitem (6). Schedule 6: Transitional Arrangements
149
(b)  Anyone holding office or deemed to hold office as the Judge President, the
Deputy Judge President or a judge of a court referred to in paragraph (a) when
the new Constitution takes effect, becomes the Judge President, the Deputy
Judge President or a judge of such a court under the new Constitution, subject
to any rationalisation contemplated in subitem (6).
(5) Unless inconsistent with the context or clearly inappropriate, a reference in any
legislation or process to—
(a)  the Constitutional Court under the previous Constitution, must be construed as
a reference to the Constitutional Court under the new Constitution;
(b) the Appellate Division of the Supreme Court of South Africa, must be construed
as a reference to the Supreme Court of Appeal; and
(c)  a provincial or local division of the Supreme Court of South Africa or a supreme
court of a homeland or general division of that court, must be construed as a
reference to a High Court.
(6) (a)  As soon as is practical after the new Constitution took effect all courts,
including their structure, composition, functioning and jurisdiction, and all
relevant legislation, must be rationalised with a view to establishing a judicial
system suited to the requirements of the new Constitution.
(b)  The Cabinet member responsible for the administration of justice, acting
after consultation with the Judicial Service Commission, must manage the
rationalisation envisaged in paragraph (a).
(7) (a)  Anyone holding office, when the Constitution of the Republic of South Africa
Amendment Act, 2001, takes effect, as—
(i) the President of the Constitutional Court, becomes the Chief Justice as
contemplated in section 167(1) of the new Constitution;
(ii)  the Deputy President of the Constitutional Court, becomes the Deputy
Chief Justice as contemplated in section 167(1) of the new Constitution;
(iii)  the Chief Justice, becomes the President of the Supreme Court of Appeal
as contemplated in section 168(1) of the new Constitution; and
(iv)  the Deputy Chief Justice, becomes the Deputy President of the
Supreme Court of Appeal as contemplated in section 168(1) of the new
Constitution. Schedule 6: Transitional Arrangements
150(b)  All rules, regulations or directions made by the President of the Constitutional
Court or the Chief Justice in force immediately before the Constitution of the
Republic of South Africa Amendment Act, 2001, takes effect, continue in force
until repealed or amended.
(c)  Unless inconsistent with the context or clearly inappropriate, a reference in
any law or process to the Chief Justice or to the President of the Constitutional
Court, must be construed as a reference to the Chief Justice as contemplated in
section 167(1) of the new Constitution.
[Subitem (7) added by s. 20(b) of the Constitution Sixth Amendment Act of 2001.]
Cases pending before courts
17. All proceedings which were pending before a court when the new Constitution took effect,
must be disposed of as if the new Constitution had not been enacted, unless the interests
of justice require otherwise.
Prosecuting authority
18. (1)  Section 108 of the previous Constitution continues in force until the Act of
Parliament envisaged in section 179 of the new Constitution takes effect. This
subitem does not affect the appointment of the National Director of Public
Prosecutions in terms of section 179.
(2) An attorney-general holding office when the new Constitution takes effect,
continues to function in terms of the legislation applicable to that office, subject to
subitem (1).
Oaths and affirmations
19. A person who continues in office in terms of this Schedule and who has taken the oath of
office or has made a solemn affirmation under the previous Constitution, is not obliged to
repeat the oath of office or solemn affirmation under the new Constitution.
Other constitutional institutions
20. (1)  In this section “constitutional institution” means—
(a)  the Public Protector;
(b)  the South African Human Rights Commission;
[Para (b) amended by s. 4 of the Constitution Second Amendment Act of 1998.] Schedule 6: Transitional Arrangements
151
(c)  the Commission on Gender Equality;
(d)  the Auditor-General;
(e)  the South African Reserve Bank;
(f)  the Financial and Fiscal Commission;
(g)  the Judicial Service Commission; or
(h)  the Pan South African Language Board.
(2) A constitutional institution established in terms of the previous Constitution
continues to function in terms of the legislation applicable to it, and anyone holding
office as a commission member, a member of the board of the Reserve Bank or the
Pan South African Language Board, the Public Protector or the Auditor-General
when the new Constitution takes effect, continues to hold office in terms of the
legislation applicable to that office, subject to—
(a)  any amendment or repeal of that legislation; and
(b)  consistency with the new Constitution.
(3) Sections 199(1), 200(1), (3) and (5) to (11) and 201 to 206 of the previous
Constitution continue in force until repealed by an Act of Parliament passed in terms
of section 75 of the new Constitution.
(4) The members of the Judicial Service Commission referred to in section 105(1)(h)
of the previous Constitution cease to be members of the Commission when the
members referred to in section 178(1)(i) of the new Constitution are appointed.
(5) (a)  The Volkstaat Council established in terms of the previous Constitution
continues to function in terms of the legislation applicable to it, and anyone
holding office as a member of the Council when the new Constitution takes
effect, continues to hold office in terms of the legislation applicable to that
office, subject to—
(i)  any amendment or repeal of that legislation; and
(ii)  consistency with the new Constitution.
(b)  Sections 184A and 184B (1) (a), (b) and (d) of the previous Constitution
continue in force until repealed by an Act of Parliament passed in terms of
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## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 143 of the Constitution of South Africa.
- The index files it under the chapter heading “Chapter must: be women or men who—Chapter 9: State Institutions supporting Constitutional Democracy”.
- The passage runs to about 1,584 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “Equality”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“of the new Constitution.”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 7 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of South Africa, article 143, Portable Lawyer, https://www.portablelaw.com/provision/5de451ff-e0e4-4f80-812c-81130b4a4029 (accessed 27 September 2026).

## Related

- [Constitution of South Africa](https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856)
- [South Africa on Portable Lawyer](https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856)
- [HTML version of this provision](https://www.portablelaw.com/provision/5de451ff-e0e4-4f80-812c-81130b4a4029)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 143 of the Constitution of South Africa (chapter: “Chapter must: be women or men who—Chapter 9: State Institutions supporting Constitutional Democracy”). Assignment of legislation to provinces 14. (1) Legislation with regard to a matter within a functional area listed in Schedule 4 or 5 to the new Constitution and which, when the…