Standing Rules of Procedure of the Transkei National Assembly and Republic of Transkei Constitution Act, 1976 (Act 15 of 1976) as Amended 0949949426

Citation preview

TRIPHANLIKT VETRANSKEI

RETUBUC OF TRANSKE

STANDING

RULES

OF

PROCEDURE

OF THE

TRANSKE

NATIONAL

ASSEMBLY

AND

REPUBLIC

OF TRANSKET

ACT

ACT

JQ 2099 T7T65

15

CONSTITUTION

1976

OF

1976)

1 с

retor риг punche

april

1980

ES

I

N STA

ARI

D IBR L OR

HOOVER INSTITUTION on War, Revolution, and Peace

FOUNDED BY HERBERT HOOVER, 1919

ISBN

0

949949

42

6

REPUBLIC OF TRANSKEI

IRIPHABLIKI YETRANSKEI

ImB

ama

ums

a amany y

STANDING

RULES

OF

PROCEDURE

OF THE

TRANSKEI

NATIONAL ASSEMBLY

AND

REPUBLIC OF TRANSKEI CONSTITUTION

ACT,

1976

(ACT 15 OF 1976)

As Amended

RULES OF PROCEDURE TRANSKEI NATIONAL ASSEMBLY

These rules are divided into different parts which severally relate to the following subject matters :

PREAMBLE RULES

Part I

PROCEEDINGS ON MEETING OF NEW NATIONAL ASSEMBLY 1-6

Taking of Oath ................ Election of Speaker and Deputy- Speaker ........... Part II

OFFICIAL OPENING OF NATIONAL 17

ASSEMBLY ....... Part III

7-16

MAINTENANCE OF ORDER AND RULES OF DEBATE ..............

Part IV

LANGUAGES

Part V

OFFICERS OF THE ASSEMBLY :

18-46 47

RECORDS AND PAPERS .…...........

Part VI

DAYS AND HOURS OF SITTINGS ...........

Part VII

QUORUM .........

............

48-56

.........

57-59

Part VIII MOTIONS .............. Part IX

ARRANGEMENT OF BUSINESS

Part X

QUESTIONS

Part XI

VOTING AND DIVISIONS …..........

Part XII

BILLS ......

........

60-61 62-73

74-78 79-88 89-93 94-123

Part XIII PROCEDURE REGARDING FINANCIAL MEASURES .........

124-142

Part XIV SELECT AND SESSIONAL COMMITTEES..........

143-152

Part XV

STRANGERS .....

Part XVI MISCELLANEOUS PROVISIONS

153-156 157-163

INDEX A Acknowledgements by Speaker . Address, Form of .......... Adjournments .. Alleged improper Conduct, Procedure on Allowances, Forfeiture of .... Amendment of Principal Act ...... - Time in which shall be moved ...... --to increase or reduce ............ Amendments, Notice of to be given.. - - not to be made ………………….. -to be in Writing -to be moved by Cabinet members .... -to to Motions , Procedure ....... - which may be moved. Appearance before Select Committees : Members who are Legal Practitioners.. Appointment of Business Committee - of Select Committee ...... - of Sessional Committees .... Appropriation Bill, Disposal of Schedules of Appropriation Bills ... Appropriation Bill, Second Reading: Procedure -― - Third Reading of ……………….. Arrangement of relieving Speaker/Deputy- Speaker Assembly in Committee , Rules -Journals of ........ - must authorise Sending for Persons etc..... Procedure at opening of.... - Staff, Control of......... - when in Committee : Speaker leaves Chair

Rule 12 28 58 38 45 110 137 138 104 108 69 135 68 107

152 144 145 143 130 ... 125 126 140 16 111 51 150 17 49 105

B Ballot Papers , Disposal of ......... -Procedure during . Bill , Appropriation, Second Reading: Procedure Clauses of to be considered ........ - passed after Third Reading ― Principle of not to be discussed in Committee ..... -referred back, Procedure on Report and Re-introduction.... Bills , Appropriation .. - certain : Not to be introduced ....... -Copies of: Members to receive . - Form of . ― Short Titles only to be read - Part Appropriation . - Private : Introduction of - Public : Introduction of ...... - referred back: Procedure .. -to be printed ...... -Transmission to President Bill to be printed if amended in Committee. Bill, Withdrawal of: Leave to be granted

11 8 126 134 116 109 123 125 119 99 97 117 142 95 94 122 96 121 114 118

Business Committee , Appointment of ............ - Order of Precedence to be decided by . Scrutiny of Matters on Order Paper by Business of Assembly, Regulation of: Duties of Secretary.. Business , Order of .......

144 77 76 54 74

C Cabinet only, Amendments to be moved by Member of ...... Calling Attention to Strangers , Member ..... Call , Roll ...... Candidates , No limit to Number of Candidates ....... Certain Bills not to be introduced . Cases not provided for ......... Charges, Personal : Out of Order Clauses of Bill, Consideration of Committee, Business : Appointment Committee of Supply, Definition Estimates committed to... - Procedure of ............ Committee , Procedure in Committees, Select: Procedure ......... - Special Report on Powers etc. of..... Staff for ...... Conduct, Disorderly: Member - of Members during Sittings . - President and Others . Contempt............. Contempt, Person declared guilty of Control of Assembly Staff ....... Copies of Bills, Members to receive . Correction by Speaker, Formal Errors. Custody of Papers , Secretary ....

135 156 2 8(2) 119 162 36 134 144 127 128 129 106 146 147 56 43 29 40 157 158 49 99 120 52

D 113 57 132 71 115 33 127 62 153 13 15 43 90, 91 , 92 93 61 26 50

Date for Third Reading . Days , Sitting ....... Debate on Heads of Schedules . Proposal to adjourn ....... Third Reading ......... Decision taken, Questions on Definition, Committee of Supply - of Motions ..... - of Strangers Deputy-Speaker, Election of .......... -to preside Disorderly Conduct of Member. Division claimed ....... - Procedure when demanded - when invalid Duration of Speeches . Duties of Secretary ||

E Election of Speaker and Deputy- Speaker..... of Speaker, Procedure ......... - of Speaker, Procedure if only one Candidate . Equality of Members ......... Errors , Formal: Correction by Speaker Estimates , Committee of Supply Evidence and Documents , Select Committee .... Exclusion of Strangers.... Expenditure , Heads of ....... Expressions , offensive ....

7 8 9 20 120 128 151 154 131 37

F Factual Memorandum on Bill ..... Fee or Reward , Members Filling of Vacancies, Speaker or Deputy . Financial Measures, Recommendation Forfeiture of Allowances ...... Form of Address ..... — of Bills .....………….. - of Questions .

93 160 14 124 45 28 97 82

G General Principles only, Discussion .........

101

H 131 132

Heads of Expenditure . ―- of Schedules , Debate on .....

I 38 35

គ គ

Improper Conduct, alleged Imputation of improper Motives ....... Insulting Language Interest, pecuniary Interruptions ..... Introducer of Motion, Right to reply Irrelevance or Repetition ..

159 27

J 51

Journals of Assembly .

Language , insulting.... Languages to be used Lapsing of Questions Lawsuit pending..

47 88

24823

L

Leave, Withdrawal of Bill ........

118

M

N Names of President .... Naming of Member . Notice for moving Substantive Motion ...... of Amendments ― of Question ..... summoning Assembly ..... to move Second Reading .. Number of Times Members may speak.

76 24 124 41 156 135 44 152 29 23 5 53 20 19 21 45 98 64 44(2) 148 102 44(2) 62 66 72 139 70 67

2484883

Matters on Order Paper, Scrutiny by Business Committee -on which Members may speak Measures, financial: Recommendation ... Member addressing Assembly, Rules for .... Calling attention to Strangers ......... of Cabinet only, Amendments to be moved by.. - Naming of .......... Members, Appearance before Select Committee - Conduct of - not speaking to be seated .. ...... Preclusion from Sitting ... - Rights of .... - to be equal ... - to sit down when Speaker rises .... -to speak standing . Members, Withdrawal from Assembly Memorandum, factual on Bill .... Method , Notice of Substantive Motion Minister to move motion of suspension Minutes, Select Committee Motion, Amendment of proposed Bill . - of suspension , Minister to move Motions , Definition of ..... Publication of, on Order Paper.. -Times when a Member may speak.. to amend , Procedure on . Withdrawal of... Moving a Motion , Procedure on

104 80 17 100

0 Oath, Administration of by Speaker.. Subsequent Taking of... -Taking of before Judge ....... -Taking of: New Assembly Offensive Expressions Opening of Assembly, Procedure at. Order, Speaker to maintain Order of Business ...... Order of Procedure , Decision by Business Committee ....

IV

6 4 3 1 37 17 18 74 77

Q

Question, how decided ......... - Notice of -on Order Paper, Member shall speak. V

88888

66 Order Paper, Publication of Motions . 75 - Questions to be on 35 Out of Order, Imputation of improper Motives ..... 34 insulting Language . 36 -Personal Charges ......... 33 - Questions ........ P 11 Papers, Ballot : Disposal of ........... 52 Custody of..... ― Rights of Members 53 - Presentation of..... 78 142 Part Appropriation Bills ..... 159 Pecuniary Interest, Members ...... 32 Pending Lawsuit ..... 36 Personal Charges out of order.. 158 Person declared guilty of Contempt 150 Persons etc. , Select Committee : authorising sending for........ 155 Power of Sergeant- at-Arms , Removal of Strangers 46 Powers , Speaker: Adjournment and Suspension ......... 147 - etc. of Select Committee , Special Report on.... 84 - of Speaker on Questions... 65 Powers of Speaker, substantive Motions ....... ― of presiding Members , Exclusion of Strangers . 154 - of Secretary........ 10 40 President and Others, Reference to Conduct ............. 17(3) or Delegate , Procedure — Departure or Arrival -Use of Names ... 39 87 Pretext of Debate , Questions not to be ...... 110 Principal Act, Amendment of... 109 Principle of Bill not discussed in Committee 95 Private Bills , Introduction of.............. 38 Procedure , alleged improper Conduct ... 68 Amendments to Motions 17 - at opening of Assembly 129 - Committee of Supply..... 8(3) — during ballot............... for election of Speaker. 8(1) 106 in Committee ..... 139 -Motions to amend 102 Motion to amend proposed Bill .... 60 - on Absence of Quorum ― on moving a Motion . 67 123 - Report and Re-introduction of Bill referred Back...... 4 -subsequent Taking of Oath ... 86 -supplementary Questions. 103 -when Bill has been read a second Time 122 —when Bill referred back .... 93 - when Division demanded . Proceedings, Meeting of Assembly not being a new Assembly.......... 17 71 Proposal to adjourn Debate ....... 94 Public Bills , Introduction of ..

89 80 85

2825 * 888

Questions, form of .......... -Lapsing off....... -Members of Cabinet .. Questions not to be Pretext for Debate. - on which Decision taken out of Order - Powers of Speaker on ..... Reply to .......... Supplementary: Procedure ..... - without Notice .............. Quorum , Procedure when absent

79 87 33 84 83 86 81 60

R Reading, Proclamation convoking Assembly Regulation of Business , Duties of Secretary.. Relevance , Speeches...... Relieving Speaker/Deputy- Speaker, Arrangements for Reply to Debate, Right of Introducer of Motion ........ Report etc. of Select Committee , Tabling of..... of Speeches, Secretary's responsibility. - special , on Powers etc. of select Committee Rights of Members as to Papers ... Roll Call ........ Rules , Applicability in Committee ...... Member addressing Assembly - of Procedure , Suspension of ........ of Procedure to be of Force ....

17(1) 54 31 16 27 149 55 147 53 2 111 41 161 163

S

Secretary, Custody of Papers .. -- Duties of ...... - of Assembly. ― Powers of...………………. Select Committees , Appointment of - Minutes.... - Procedure Sergeant-at-Arms, Power of ...... Sessional Committees , Appointment of Short Title of Bill , Reading of Sitting Days ..... -Times of. Speaker/Deputy- Speaker , Arrangements for relieving Speaker, Acknowledgements by ....... and Deputy- speaker, Election of. - Deputy: Election of - Deputy to preside ..... Election of: Procedure - Election of: Procedure if only one Candidate .... -leaves Chair; Committee of Supply - Powers to adjourn or suspend sitting. – returns to Chair. VI

130 133 101 100 52 50 48 10 145 148 146 155 143 117 57 59 16 12 7

ទី គី ២២៨២-

Schedules of Appropriation Bill , Disposal of ………………….. Schedule to be Part of Bill . Second Reading General Principles -Notice to move.............

8

105 112

136 18 22 19 26 73 31 55 49 56 153 64 63 65 86 44(2) 161

Return to chair ...... - to maintain Order ..... - to select Speaker .... - when rises : Members to sit down Speeches , Duration of.... -Prohibition of. - relevancy of - Report of...... Staff, Assembly: Control of........ - Select Committees.. Strangers, Definition of .. Substantive Motion, Method of giving Notice of.. - Notice for moving - Powers of Speaker .. Supplementary Questions , Procedure Suspension, Minister to move motion of -Rules of Procedure

T

149 141 140 116 113 115 137 25 59 72

825

Tabling of Reports etc. , Select Committee. Taxation and Committee of Ways and Means . Third Reading, Appropriation Bill ...... - Bill passed after...... -Date for ......... - Debate ............ Time in which Amendment shall be moved Times Members may speak .... - of Sitting...... - when member may speak on Motions ..

V Vacancies, Speaker or Deputy: Filling of .....

.........

14

W When Bill read a Second Time , Procedure ... Withdrawal, Forfeiture of allowance due to of Bill, Granting of Leave for..... - of Motions .....

VII

103 45 118 70

PRAYER. O, ALMIGHTY GOD AND HEAVENLY FATHER , WHO IN THY INFINITE MERCY AND WISDOM HAST CALLED RULERS AND APPOINTED GOVERNMENTS FOR THE WELFARE OF SOCIETY AND THE JUST GOVERNMENT OF MEN, WE BESEECH THEE TO BESTOW THY ABUNDANT FAVOUR UPON US THY SERVANTS WHO THOU HAST BEEN PLEASED TO CALL TO THE PERFORMANCE OF SUCH IMPORTANT TRUSTS IN THIS OUR LAND. LET THY BLESSING DESCEND UPON US HERE, ASSEMBLED AND GRANT THAT WE MAY, UNDER THY GUIDANCE TREAT AND CONSIDER ALL MATTERS THAT SHALL COME BEFORE US IN SO JUST AND FAITHFUL A MANNER AS TO PROMOTE THY HONOUR AND GLORY AND TO ADVANCE THE WELFARE OF OUR PEOPLE WHOM THOU HAST CALLED US TO SERVE. ALL THIS WE ASK IN THE NAME AND FOR THE SAKE OF OUR LORD JESUS CHRIST. AMEN . OUR FATHER WHICH ART IN HEAVEN, HALLOWED BE THY NAME . THY KINGDOM COME. THY WILL BE DONE ON EARTH , AS IT IS IN HEAVEN. GIVE US THIS DAY OUR DAILY BREAD AND FORGIVE US OUR TRESPASSES , AS WE FORGIVE THEM THAT TRESPASS AGAINST US, AND LEAD US NOT INTO TEMPTATION, BUT DELIVER US FROM EVIL. FOR THINE IS THE KINGDOM, THE POWER AND GLORY, FOR EVER AND EVER, AMEN.

VIII

UMTHANDAZO TARU, THIXO SOMANDLA, BAWO WASEZULWINI OTHE NGENCEBA YAKHO ENGAPHELE NDAWO, NANGOBULUMKO BAKHO WAMISELA ABALAWÚLI, WANYULA IMIBUSO YOKULUNGISELELA INTLALO NTLE YOLUNTU NOKULAWULA ABANTU NGOBULUNGISA, SIYAKUBONGOZA UKUBA USIPHEFUMLELÉ NGOFEFE LWAKHO OLUKHULU , THINA ZICAKA ZAKHO EKUKHOLEKILEYO KUWE UKUBA USIBIZELE, UKUSINGATHA IMICIMBI EBALULEKE KANGAKA, KWELILIZWE LAKOWETHU. INTSIKELELO ZAKHO MAZIHLE PHEZU KWETHU XA SIDIBENE APHA, SITHI NGOKUKHOKELWA NGUWE SIYIPHICOTHE : SIYIQWALASELE YONKE IMICIMBI EBEKWE PHAMBI KWETHU NGEYONA NDLELA ILUNGILEYO NENYANISEKILEYO EYAKUTHI ICHUMISE UDUMO NOZOKO LWAKHO YANDISE NENTLALO NTLE YABANTU BAKOWETHU OSIBIZELE UKUBAKHONZA . KONKE OKU SIKUCELA EGAMENI NANGENXA YENKOSI YETHU UYESU KRESTU. AMEN.

BAWO WETHU OSEZULWINI , MALIPHATHWE NGOBUNGCWELE IGAMA LAKHO, UBUKUMKANI BAKHO MABUFIKE . INTHANDO YAKHO MAYENZIWE EMHLABENI NJENGOKUBA ISENZIWA EZULWINI . SIPHE NAMHLANJE ISONKA SETHU SEMIHLA NGEMIHLA, USIXOLELE IZONO ZETHU , NJENGOKUBA NATHI SIBAXOLELA ABASONAYO THINA. UNGASINGENISI EKUHENDWENI , SISINDISE ENKOHLAKALWENI, NGOKUBA UBUKUMKANI BOBAKHO , NAMANDLA NGAWAKHO , NOBUNGCWALISA BOBAKHO , KUDE KUBE NGUNAPHAKADE . AMEN.

IX

STANDING RULES OF PROCEDURE TRANSKEI NATIONAL ASSEMBLY PART I PROCEEDINGS ON MEETING OF NEW NATIONAL ASSEMBLY

Taking of Oath

The members of the Assembly shall meet at 1. Umtata one day prior to the date fixed for the opening of a new Assembly to enable members to take the Oath referred to in Rule 3 and for the purpose of electing the Speaker and Deputy-Speaker of the Assembly. 2. The Secretary of the Assembly having informed members of the purpose of the meeting shall read out the names of all members and the members there present shall answer to their names.

Members to Meet to Take Oath.

Roll Call to be Taken by Secretary.

3. The Secretary shall thereupon conduct a Judge of the Supreme Court into the Chamber who shall then take from the members there present the Oath prescribed by section 27 of the Constitution Act.

Taking of Oath before Judge.

4.

Subsequent Taking of Oath: Procedure .

In the case of a member taking his seat subsequent to the day referred to in Standing Rule No. 1 or to the opening day of any session, he shall be brought to the Table by two members after his name has been read out, and the Oath shall be administered to him by the Speaker or Deputy-Speaker of the National Assembly. 5. Except for the purpose of enabling Standing Rules Nos. 1 to 4 to be complied with, no member of the Assembly shall sit or vote therein until he has made and subscribed before the Assembly, the Oath in the form prescribed in Schedule 6 of the Constitution. 6. Save as otherwise provided in the Act or these Standing Rules the Speaker or Deputy- Speaker shall , whenever necessary, administer the Oath immediately after prayers .

Members Precluded from Sitting till Oath Taken.

Speaker to Administer Oath in certain cases.

Election of Speaker and Deputy-Speaker. 7. At the meeting referred to in Standing Rule No. 1, members having made and subscribed to the oath and the Judge having withdrawn, and at any other time when it is necessary to elect a Speaker and Deputy- Speaker in terms of section 32 of the Constitution Act, the Secretary shall announce to the Assembly the need for the election and shall call upon the Assembly to proceed to the election forthwith or the Assembly shall decide upon a day as soon thereafter as may be convenient for the election but prior to the date set aside for the 1

Election of Speaker and DeputySpeaker.

official opening of the Assembly.

Procedure for Election of Speaker.

No Limit to Number of Candidates.

Procedure During Ballot.

(1) A member having first ascertained that the 8. person to be proposed is willing to serve if elected , may propose any member of the Assembly then present as Speaker of the Assembly. Such proposal requires seconding but no debate shall be allowed . (2) There shall be no limit to the number of candidates who may be proposed and seconded under the preceding paragraph , but no member who has already proposed or seconded a candidate may propose or second another candidate and no member may propose or second his own candidature . (3) If more than one member be proposed as Speaker, a ballot shall be held in accordance with the following procedure which shall at the outset be explained to the members : (a) There shall be a short adjournment for the preparation of ballot papers after which the Secretary shall hand each member present a ballot paper having a secret official mark on the reverse side thereof. (b) Every member shall thereupon signify the candidate for whom he desires to vote by placing a cross opposite the name of such candidate . (c) The Secretary shall then call the names of all the members and each member may, when his name is called , come to the Table and drop his ballot paper into a ballot box on the Table . (d) When all members who wish to vote have done so the Secretary shall in the presence of the Assembly, examine the ballot papers with the assistance of the Assistant Secretary and report the result of the ballot. (e) The Secretary shall declare the candidate receiving more votes than any other candidate as the duly elected Speaker. (f) If two or more candidates receive the same number of votes and that number of votes exceeds the number of votes received by any other candidate , a second ballot shall be taken in the manner prescribed in subparagraphs (a) to (c) of this paragraph, but votes shall be cast only for one or other of 2

the candidates who received an equal number of votes. (g) if upon the holding of the second ballot referred to in sub-paragraph (f) of this paragraph, two or more members receive an equal number of votes, a further ballot shall be held and if two or more members again receive an equal number of votes the election shall be decided by lot.

(h) A member shall not drop into the ballot box a ballot paper which is not his own. (i) A member who arrives after the names of the members have been called shall not be entitled to vote. 9. If only one member is proposed and seconded as Speaker he shall be declared elected and conducted to the Chair by his proposer and seconder.

10. (a) If the Secretary is satisfied that a ballot paper does not comply with the provisions of Standing Rule No. 8 he may reject it and proceed with the election, or declare the ballot paper or the whole election void , ordering the proceedings for the ballot or the whole election to be begun afresh .

Procedure if only One Candidate Proposed. Powers of Secretary.

(b) If the Secretary is satisfied that the provisions of paragraphs 8 to 11 of these Standing Rules have not been, or are not being, carried out properly in any other respect he may declare a particular ballot or the whole election void , ordering the proceedings for the ballot or the whole election to be begun afresh .

11. As the ballot papers are counted they shall be placed in a box. When a member has been declared elected as Speaker the box shall be sealed in the presence of the Assembly and kept in the custody of the Secretary for one calendar month and then, unless otherwise directed by the Assembly, the Secretary shall destroy the ballot papers .

Disposal of Ballot Papers.

12. Having been conducted to the Chair by his proposer and seconder, the member shall take the Chair and shall thereupon express his sense of the honour conferred upon him.

Acknowledgements by Speaker.

13. The Assembly under the direction of its own elected Speaker shall then elect a Deputy- Speaker and the provisions of Standing Rules Nos . 8 to 11 shall apply mutatis mutandis to the election of such DeputySpeaker.

Election of a DeputySpeaker.

14. Any vacancy occurring in the offices of Speaker or Deputy - Speaker of the Assembly shall be reported by

Filling of Vacancies of Speaker

3

or DeputySpeaker.

the Secretary, the Speaker or the Deputy- Speaker as the case may be, to the Assembly at its next sitting, and the Assembly shall forthwith proceed to the election of a new Speaker or Deputy- Speaker in the manner hereinbefore provided .

DeputySpeaker to Preside During Absence of Speaker. Arrangements for Relieving Speaker and Deputy- Speaker .

15. If the Assembly be informed by the Secretary of the absence of the Speaker, the Deputy-Speaker shall take the Chair during such absence and he shall exercise the same functions as the Speaker. 16. The Speaker may, in the absence of the DeputySpeaker or the Deputy- Speaker may in the absence of the Speaker request any member to take the Chair temporarily during a sitting, without any formal communication to the Assembly, and in the temporary absence of both the Speaker and Deputy- Speaker, the Assembly shall elect another member in the manner hereinbefore provided to act temporarily as Speaker during such absence . The Secretary shall preside for the purpose of such election.

PART II OFFICIAL OPENING OF NATIONAL ASSEMBLY. Procedure at opening of Assembly.

17. (1) On the day of the opening of the Assembly, the members being assembled in the Chamber, the Speaker or the Deputy-Speaker, as the case may be, shall cause the proceedings to be conducted in the following manner: (a) upon the entry into the chamber of the President or other person delegated by him to perform the opening ceremony, the members shall rise and remain standing in their places until the President or his delegate has taken his seat ; (b) the Speaker or Deputy- Speaker shall thereupon successively (i ) (ii)

himself, or through the Secretary, open the meeting with prayer; call upon the Secretary to read the Proclamation convoking the Assembly;

(iii) announce the President or his delegate , (c) the President or his delegate shall then deliver the opening speech and declare the Assembly open.

(2) No debate shall take place on the opening speech . (3) The President or his delegate shall , after having declared the Assembly open, depart from the Chamber and upon such departure, the members shall rise and remain standing in their places until the President or his delegate has left the Chambers .

PART III. MAINTENANCE OF ORDER AND RULES OF DEBATE . Conduct and Speeches of Members. Order shall be maintained in the Assembly by the 18. Speaker or Deputy- Speaker. His decision on a point of order shall not be open to appeal and shall not be reviewed by the Assembly except on a substantive motion made after notice . When the Speaker or Deputy-Speaker rises during 19. proceedings in the Assembly or in Committee of the whole Assembly every member shall sit down and members shall be silent so that the Speaker or DeputySpeaker may be heard without interruption . 20. No Minister, Paramount Chief or other Chief or dignitary, being a member of the Assembly, may claim preferential treatment in the Assembly, by virtue of his hereditary or other position and such members shall set an example to other members in their respect and obedience to the Chair and in maintaining the order and dignity of the Assembly and the proceedings thereof. 21. A member shall speak standing and shall address his observations to the Speaker or Deputy- Speaker . 22. If two or more members rise at the same time to speak the Speaker or Deputy- Speaker shall select one member and call on him to speak. 23. When a member has finished speaking he shall resume his seat and any other member wishing to speak shall rise . 24. A member may address the Assembly on the question before the Assembly or upon any amendment proposed thereto, or upon a question or amendment to be proposed by himself, or upon a question of order arising out of debate, but not otherwise . 25. (1 ) No member shall address the Assembly more than once on a question , except in explanation or reply or when the whole Assembly is in Committee , such explanation being allowed only in case a material part of his speech has been misquoted or misunderstood , but he is not to introduce any new matter and no debate shall be allowed on such explanation . (2) By the indulgence of the Assembly a member may explain matters of a personal nature although there be no question before the Assembly, and he must confine himself strictly to the vindication of his own conduct. 26. (1) When the Speaker or Deputy - Speaker is in the Chair, no member may speak for longer than thirty minutes on any question : Provided that the provisions of this sub-rule shall not apply (a) to the Prime Minister or the Leader of the Opposition (in respect of any question) ; or (b) to a Minister or a member in charge of a Bill ; or (c) to a Minister or a member introducing any motion and replying thereon; or (d) to a Minister delivering a policy speech. 5

Speaker to Maintain Order.

Members to Sit Down when Speaker or DeputySpeaker Rises. Members to be Equal.

Members to Speak Standing. Speaker or Deputy-Speaker to Select Speaker. Members not Speaking to be Seated . Matters on which Members may Speak.

Number of Times Members may Speak.

Duration of Speeches.

Right of Introducer of Motion to Reply to Debate. Form of Address.

Conduct of Members during Sittings.

When Interruptions may be Made .

Speeches to be Relevant

Pending Lawsuit Privileged

(2) In any Committee of the whole Assembly no member (other than a Minister or member in charge of the business before the Committee) shall address the Committee more than three times on any question (including any amendment) or speak for longer than fifteen minutes at any one time, 27. Notwithstanding the provisions of rules 28 to 30 inclusive , a reply shall be allowed to a member who has moved a motion and such a reply closes the debate. 28. During proceedings in the Assembly members shall refer to one another as the honourable Mr (stating the member's name) or the honourable chief (stating the chief's or paramount chief's or chief's representative's title or name). 29. During a sitting a member shall (a) enter or leave the Assembly with decorum ; (b) be uncovered while in the Assembly and make obeisance to the Chair when entering or leaving the Council Chamber or passing to or from his place ; (c) not pass between the Chair and any member addressing the Assembly; (d) not address the Speaker or Deputy- Speaker by name ; (e) not cross the floor of the Chamber unnecessarily ; (f) when crossing from one side of the Chamber to the other, pause in the centre and bow to the Chair; (g) not read newspapers, books, letters or other documents except such matter therein as may be directly connected with the business then under consideration ; (h) while a member is speaking be silent and not make unseemly interruptions ; (i) when called to order by the Speaker or DeputySpeaker immediately resume his seat; and (j) when the Assembly adjourns keep his place until the Speaker or Deputy-Speaker has left the Chair. 30. A member shall not interrupt the speech of another member except (a) by rising to a point of order, when the member speaking shall resume his seat and the member interrupting shall simply direct attention to the point which he wishes to bring to notice and submit it to the Speaker or Deputy-Speaker for decision ; or (b) to put a relevant question to the speaker with the consent of the Speaker or Deputy-Speaker. 31. A member shall restrict his observations to the subject under discussion and shall not introduce mat ters irrelevant to that subject. Reference shall not be made to a case pending in a 32. court of law in such a way as, in the opinion of the

6

Speaker or Deputy- Speaker, might prejudice that case. 33. (1) It shall be out of order to attempt to reconsider a specified question on which the Assembly has taken a decision during any previous session, except on a substantive motion to rescind that decision, made with the permission of the Speaker or Deputy- Speaker. (2) No motion or amendment shall be proposed which is the same in substance as any motion which during the current session has been resolved in the affirmative or negative , but the order of resolution may be rescinded by motion after notice . 34. It shall be out of order to use offensive and insulting language about a member of the Assembly.

Questions on which Decision Taken Out of Order.

Insulting Language Out of Order

35. A member shall not impute improper motives to another member.

Imputation of Improper Motives Out of Order.

36. A member shall not make a personal charge or use offensive or unbecoming words in reference to any member of the Assembly. A member shall not use offensive expressions 37. about the conduct or proceedings of the Assembly.

Personal Charges Out of Order

38. The personal conduct or any alleged improper motives of a member shall not be referred to except on a substantive motion moved for that purpose.

39. (1 ) The name of the President shall not be used to influence the Assembly. (2) A member shall not publicly address the President or any other dignitary not being a member of the Assembly or any public servant or member of the public who may be present in the Assembly during its proceedings in accommodation assigned to them. 40. (1 ) The conduct of the President, a Judge of the Supreme Court or other persons performing judicial functions, shall not be referred to or reflected upon. (2) A member shall not use treasonable or seditious words or use the name of the President irreverently . 41. A member shall not (a) refer to debates of the current session upon any question or Bill not then under discussion except by the indulgence of the Assembly for personal explanation; (b) anticipate the discussion of any other subject which appears on the Order Paper: Provided that in determining whether a discussion is out of order on the ground of anticipation regard shall be had by the Speaker or DeputySpeaker to the probability of the matter being brought before the Assembly within a reasonable time ; (c) refer to the proceedings and report of a select 7

Offensive Expressions about Assembly Out of Order

Procedure on Alleged Improper Conduct. Name of President not to be Used.

Conduct of President and Others not to be Referred to .

Rules for Member Addressing Assembly

Irrelevance or Repetition

Disorderly Conduct of Member.

Naming of Member Minister to move motion of suspension

Forfeiture of allowances due to withdrawal

committee before they have been presented to the Assembly. 42. The Speaker or Deputy-Speaker, after having called the attention of the Assembly to the conduct of a member who persists in irrelevance or tedious repetition of his own or other members ' arguments in debate may direct him to discontinue his speech and resume his seat.

43. The Speaker or Deputy - Speaker shall order a member who (a) disregards the authority of the Chair; 83 uses objectionable words and not explaining (b) or retracting them or offering any satisfactory apologies for the use thereof; (c) having been called to order by the Chair refuses to resume his seat; (d) disregards , abuses or fails to observe the rules of the Assembly ; or (e) wilfully obstructs the Assembly, to withdraw immediately from the Assembly for the remainder of the sitting on that day. 44. (1) If the Speaker or Deputy-Speaker deems the punishment in terms of Standing Rule No. 43 inadequate, he may name such member. (2) If a member has been named a motion - "That (name of member) be suspended from the service of this Assembly for a period of 5 sitting days" shall be moved forthwith by a Minister, whereupon the Speaker or Deputy-Speaker shall put the question without amendment or debate. 45. (a) A member ordered to withdraw from the Assembly in terms of Standing Rule No. 43 or suspended in terms of Standing Rule No. 39 shall forthwith withdraw from the precincts of the Assembly. (b) Should a member not withdraw immediately the Sergeant-at-Arms shall act on orders received from the Chair to secure compliance with the order. (c) Any member against whom action was taken in terms of Standing Rule No. 43 or Standing Rule No. 44 shall forfeit for each day, or part thereof, including any non-sitting days falling within such period for which he is required to be absent from the Assembly, any allowances payable to him by reason of his being a member of the Assembly.

Speaker's or DeputySpeaker's Powers to adjourn Assembly or Suspend Sitting.

46. In the case of great disorder arising in the Assembly the Speaker or Deputy- Speaker may adjourn the Assembly or suspend any sitting for a time to be named by him .

8

PART IV . LANGUAGES Speeches shall be delivered either in English, 47. Xhosa or Sesuto and speeches shall be interpreted from one language into one or more of the languages mentioned above if the Speaker or Deputy- Speaker so directs .

Languages to be Used.

PART V OFFICERS OF THE ASSEMBLY RECORDS AND PAPERS Secretary of 48. The Government of Transkei shall in consultation Assembly with the Public Service Commission appoint an officer of the Transkeian Public Service to act as Secretary of the National Assembly. Control of 49. The Secretary of the National Assembly and all Assembly Staff. clerks, interpreters , guards , messengers or chamber officials who may be employed in connection with business of the Assembly shall for the period of such employment fall under the Department of the Prime Minister and perform their duties under the general directions and control of the Secretary of the Prime Minister's Department. Duties of 50. The Secretary shall be responsible for the noting Secretary. passed of Votes and Proceedings , and these , after being by the Speaker or Deputy- Speaker, shall be printed and distributed to members on the next sitting day. Journals of The Votes and Proceedings so printed shall 51. Assembly constitute the journals of the Assembly. Secretary to 52. The Secretary shall have the custody of all Votes have Custody and Proceedings , records, or other documents belongof Papers. ing to the Assembly, and he shall neither take nor permit to be taken the Assembly's copies of Votes and Proceedings, records or other documents from the chamber or offices without the express leave or order of the Assembly: Provided that in the event of the Assembly being adjourned for any period longer than one week such leave may be given by the Secretary of the Department of the Prime Minister, the matter being reported to the Assembly at its next sitting. Rights of 53. Every member of the Assembly shall be entitled to Members as read or make extracts from or copies of all papers laid to Papers . upon the Table of the Assembly. Duties of 54. The Secretary shall be responsible to the Speaker Secretary for the regulation of all matters connected with the day Regarding to day business of the Assembly unless otherwise Regulations of Business provided for in these Standing Rules . of Assembly. 55. The Secretary shall arrange for the production of an official report of all speeches made in the Assembly and in the Committee of the whole Assembly.

Secretary to Arrange for Report of Speeches.

56. Subject to the necessary funds being available the Secretary, acting under the direction of the Speaker or Deputy- Speaker shall be responsible for providing select committees with the necessary clerical staff or

Staff for Select Committees.

9

shorthand writer whenever committees of the Assembly wish to take oral evidence .

PART VI . DAYS AND HOURS OF SITTINGS AND ADJOURNMENTS .

Sitting Days.

57. The Assembly shall sit on Mondays, Tuesdays , Wednesdays , Thursdays and Fridays only, but shall not sit on a public holiday: Provided that the Assembly may on a motion moved by a Minister and adopted by the Assembly sit on any other day named in the motion .

Adjournments.

58. Every adjournment of the Assembly shall be till the next sitting day unless the Assembly has decided on a motion moved by a Minister to adjourn to a later day or sine die.

Times of Sittings.

59.

Unless otherwise ordered the Assembly shall sit

(a) on Monday, Tuesday, Wednesday and Thursday from 11 a.m. until 5 p.m .; and (b) on Friday from 11 a.m. till 4 p.m.: Provided that the Speaker or Deputy- Speaker shall in his discretion and after consultation with the Minister in charge of the measure under discussion, suspend the business of the Assembly temporarily for meals or other refreshments : Provided further that the Assembly may on adoption of a motion by a Minister and to be decided immediately without amendment or debate shorten or prolong the sitting having regard to the amount of business to be despatched or to the circumstances prevailing at the time.

PART VII . QUORUM .

Procedure when Quorum not Present.

Division Invalid if it Appears there is no Quorum.

60. If the attention of the Speaker or Deputy- Speaker is drawn to the fact that a quorum of 35 members as provided for in section 34 of the Constitution is not present he shall direct that members be summoned by the ringing of the division bells, during which period the proceedings of the Assembly shall be automatically suspended . If after two minutes he is satisfied that a quorum is not present he shall adjourn the Assembly forthwith until the next sitting day. 61. If from the number of members taking part in a division, including those who abstained from voting, it appears that a quorum is not present, the division shall be invalid , the question on which it is held shall stand over until the next sitting day, and the procedure prescribed in Standing Rule No. 60 shall be followed.

10

PART VIII. MOTIONS. A self-contained proposition which a member wishes to put forward for the consideration of the Assembly shall be termed a motion. (b) A motion other than — (i) a motion for the adjournment of the Assembly; (ii) a motion for the adjournment of a debate or of the proceedings of a committee ; (iii) a motion moved in the course of any of the proceedings on Bills set out in Part XII of these Standing Rules ; and (iv) a motion for the suspension of a member, shall be termed a substantive motion. (c) No substantive motion shall be mandatory but merely a recommendation for consideration by the Government. 63. Except as otherwise provided in these Standing Rules no substantive motion shall be moved , except with the consent of the Assembly, unless one clear day's notice has been given. Notice of a substantive motion shall be given by 64. the delivery of a copy of the motion in writing to the Secretary. The notice shall be signed by the member wishing to make the motion .

Definition of Motions.

65. A notice of a substantive motion shall be submitted to the Speaker or Deputy- Speaker who after consultation with the business committee or the responsible Minister shall direct (a) that it be printed in the terms in which it was handed in; or (b) that it be printed with such alterations as he may direct; or (c) that it be returned to the member who signed it, as being out of order. 66. All motions except unopposed_motions but including motions on the proceedings on Bills shall first be published on the Order Paper unless the Assembly otherwise decides. 67. (a) A member called upon by the Speaker or Deputy- Speaker to move a motion shall rise in his place and after making such remarks as he may wish he shall move the motion. (b) Every motion moved (except in committee of the whole Assembly) shall require seconding unless otherwise provided in these Standing Rules. If a motion is not seconded it lapses. (c) When a motion has been moved , and if necessary seconded , the Speaker or DeputySpeaker shall read it or cause it to be read and allow it to be discussed by the Assembly. Debate may then take place on that motion and

Powers of Speaker or DeputySpeaker as to Substantive Motions .

62.

11

Notice for Moving of Substantive Motion. Method of Giving Notice of Substantive Motion.

Motions to be Published on Order Paper. Procedure on Moving a Motion.

may continue subject to these Standing Rules being observed so long as any member who is entitled to speak wishes to speak. (d) When no more members wish or are entitled to speak, the Speaker or Deputy- Speaker shall put the motion to the Assembly for its decision. (e) When an amendment or amendments have been proposed to a motion the Speaker or DeputySpeaker shall put the amendments and after all amendments have been disposed of, again read and put the original motion or if it has been amended the motion as amended, so as to enable the members of the Assembly to be fully acquainted with the terms thereof. (f) The order in which amendments shall be put shall be in the discretion of the Speaker or Deputy-Speaker.

Amendments to Motions: Procedure .

68.

(a) A member who has risen to speak on a motion may propose an amendment to that motion. (b) An amendment shall require seconding. (c) An amendment may take one of the following forms: (i) to leave out one or more words of the motion; (ii) to insert one or more words in the motion; (iii) to add one or more words at the end of the motion ; (iv) to substitute certain other words for certain words contained in the motion . (d) An amendment shall be relevant to the question on which the amendment is proposed and shall not seek to extend the scope of the motion.

Amendments to be in Writing.

69.

(a) An amendment proposed shall be in writing and shall be handed to the Speaker or DeputySpeaker who shall read or cause to be read the text to the Assembly. Debate may then take place on that amendment. (b) Members may propose more than one amendment to a motion under discussion but a proposal to further amend a proposed amendment shall be out of order. (c) If a member does not move a motion standing in his name , such motion shall lapse unless moved by some other member authorised by him in writing to do so.

Withdrawal of Motions .

70.

(a) A motion or an amendment may be withdrawn at the request of the mover by leave of the Assembly before the question has been fully put thereon . A motion or amendment which has been withdrawn may be proposed again if, in the case of a motion, notice is given. (b) A notice of motion or an amendment on the 12

Order Paper may be removed at any time before it is moved by the member concerned.

71. A member who has risen to speak on a question before the Assembly may propose that the debate be now adjourned . No seconder shall be required . Such motion shall only be put with the approval of the Speaker or Deputy- Speaker and if the Speaker or Deputy-Speaker is satisfied that such a motion will not be an abuse of the rights and privileges of members , he shall put the motion .

Proposal to Adjourn Debate .

72 . A member may not speak more than once on a motion except (a) in committee and then not more than three times; (b) in explanation of his speech as provided in Standing Rule No. 29; (c) in reply to a motion if he is the mover thereof; (d) in the case of Ministers when replying to points raised by various members through the course of debate. 73. No member may speak on a motion after it has been fully put by the Speaker or Deputy- Speaker.

Times when Member may Speak on Motions.

PART IX . ARRANGEMENT OF BUSINESS . 74. The business of each sitting day other than the first sitting day of a session, shall in accordance with the need thereof, be transacted in the following order: (a) Prayers . (b) Obituaries and other ceremonial speeches. (c) Administration of Oaths , if any. (d) Petitions. (e) Reading by the Prime Minister of Messages, if any . (f) Other announcements by the Prime Minister or a Minister. (g) Announcements by the Speaker or DeputySpeaker. (h) Election of Speaker and/or Deputy- Speaker and/or Minister if such an occasion arises. (i) Tabling of Reports or Papers. (j) Questions . (k) Proceedings on substantive motions and bills. 75. Oral and written questions to Ministers shall be placed on the Order Paper in accordance with the provisions of Standing Rule No. 86.

76. All matters placed on the Order Paper shall be scrutinised and approved of by the business committee or by a Minister designated thereto by the Prime Minister. 13

Speeches Prohibited after Motion put by Speaker or DeputySpeaker.

Order of Business.

Questions to be on Order Paper. Matters on Order Paper to be Scrutinised by Business Committee .

Order of Precedence to be Decided by Business Committee.

77. The business committee or a Minister specially designated thereto shall decide the order of precedence of business on the Order Paper.

Presentation of Papers.

78. A paper may be presented to the Assembly only by a Minister.

PART X. QUESTIONS . Questions may be Asked of Members of Cabinet.

Notice of Question to be Given.

Questions without Notice.

79. A member who is not a member of the Cabinet may address a question to a member of the Cabinet relating to a public matter, for which the Transkeian Government is officially responsible , in which he seeks information on that matter or asks for official action. Questions may also be replied to in writing. 80. Questions shall not be asked without proper notice being given which may be done by delivering the question to the Secretary not less than five clear days before the day on which an answer is required . Such questions shall be published in the Order Paper on the day following the day of receipt, stating the date upon which a reply is desired. (1) If a member asks the permission of the 81. Speaker or Deputy- Speaker to put a question without notice on the ground that it is of an urgent character and relates to a matter of public importance or to the arrangement of business , the Speaker or DeputySpeaker may permit the question to be asked without notice if he is satisfied that it is of that nature. (2) Save as in sub-rule ( 1 ) provided questions shall be answered only on one or more days of the week as determined by the business committee .

Form of Questions.

82. (i)

A question shall not include the names of persons , or statements which are not strictly necessary to make the question intelligble ; (ii) contain a statement which the member who asks the question is not prepared to substantiate ; (iii) contain arguments , inferences , opinions , imputations or epithets, or tendentious , ironical or offensive expressions ; (iv) Refer to proceedings in a committee before that committee has made its report to the Assembly; seek information about a matter which is of (v) its nature secret; (vi) reflect on the decision of a court of law or be so drafted as to be likely to prejudice a case pending in a court of law; (vii) be asked for the purpose of obtaining an expression of opinion, the solution of an abstract case , or the answer to a hypotheti14

cal proposition ; (viii) be asked whether statements in the press or of private individuals or private concerns are accurate ; (ix) be asked about the character of conduct of a person except in his official or public capacity; (x) be asked seeking information which can be found in accessible documents or ordinary works of reference. 83. A question which has been fully answered shall not be asked again during the same session.

Questions to be Replied to only Once.

84. The Speaker or Deputy- Speaker may direct that any question not conforming with the provisions of these Standing Rules shall not be included in the Order Paper unless certain alterations as he may direct have been made . 85. When a question is reached the member in whose name the question stands shall rise and put the question to the responsible member of the Cabinet.

Powers of Speaker or DeputySpeaker on Questions.

86. After an oral answer has been given to a question supplementary questions may be put by any member for the purpose of elucidating that answer and it shall be in the discretion of the Minister concerned whether he wishes to reply to such supplementary question or ask that notice thereof be given in the ordinary way. 87. A member shall not address the Assembly on a question nor shall a question be made a pretext for a debate . 88. If a member is not present to ask his question when his name is called , and has not authorised another member to ask the question on his behalf, the question shall lapse .

Supplementary Questions: Procedure .

PART XI . VOTING AND DIVISIONS . When the Speaker or Deputy-Speaker has put a 89. question to the Assembly for its decision he shall call upon those in favour to say "Yes" and those against to say "No". After a question has been put and the presiding 90. officer has indicated whether in his opinion the "Yeses" or the "Noes" have it, any member may demand a division, whereupon a division shall be held forthwith in the manner prescribed in Standing Rule No. 97. Whenever a division is demanded, the Chair, 91. before instructing the division bells to be rung shall satisfy itself that at least four members support the demand for such division. 92. If fewer than four members rise in support thereof, the Chair shall declare the resolution of the Assembly forthwith. 15

Member shall Ask Question on Order Paper.

Questions not to be Pretext for Debate Lapsing of Questions.

How Question is Decided.

Division Claimed.

Procedure when Division Demanded .

93.

(a) When a division is demanded the Secretary shall cause the division bells to be rung for a period of two minutes and the doors shall be closed and locked so soon after the lapse of two minutes as the Speaker shall direct, and no member shall thereafter enter or leave the Chamber until after the division has been taken . (b) A member calling for a division shall not leave the Chamber until after the division has taken place . (c) When the doors have been locked the Speaker or Deputy- Speaker shall direct those in favour to the right of the Chair and those against to the left and shall appoint two tellers for each side and every member present in the Chamber shall exercise his vote . (d) When, on a division taking place , fewer than fifteen members appear on one side , the Speaker or Deputy- Speaker shall forthwith declare the resolution of the Assembly: Provided that in such case the names of the

(e)

(f)

(g)

(h)

(i)

(j)

Introduction of Public Bills.

members who vote in the minority shall be recorded in the Votes and Proceedings. The tellers shall sign their division lists and hand them to the Speaker or Deputy- Speaker who shall declare the numbers to the Assembly, and the lists of divisions shall be reflected in the Votes and Proceedings . In case of equality of votes, the Speaker or Deputy-Speaker shall give a casting vote , and any reasons stated by him shall be recorded in the Votes and Proceedings. While the Assembly is dividing members may speak, sitting, to a point of order arising out of or during the division. In case of confusion or error occurring concerning the numbers reported , the Assembly shall proceed to another division unless the same can be otherwise corrected . If the numbers have been inaccurately reported or error occurs in the names on the division lists, the Assembly, on being informed thereof, shall order the Votes and Proceedings to be corrected . Divisions in committee of the Assembly shall be demanded and taken in the same manner as in the Assembly itself.

PART XII . BILLS . 94. A Bill introduced on behalf of the Government shall be termed a Public Bill and shall be brought in as follows:16

(a) The responsible Minister of the Cabinet shall give notice of his intention to introduce the Bill and in such notice the general object of the Bill shall be stated . (b) On the next succeeding day after having given such notice he shall hand in a fair copy thereof, in the English and Xhosa languages to the Secretary's table and may then move without notice, that it be read a first time , such question being put without amendment or debate . The Secretary shall then read the short title of the Bill : Provided that with the permission of the Assembly the first and second readings of a Bill may be proceeded with even if the Bill is only available in one official language.

95. A Bill introduced by a private member shall be termed a private Bill and shall be introduced as follows:(a) The private member shall give notice of a motion asking for leave to introduce a Bill and in such notice the general object of the Bill shall be stated. (b) The debate on the motion for leave to introduce such a Bill shall be limited to one hour and no speech shall exceed ten minutes. (c) Should leave be given to a member to introduce a Bill, he shall immediately bring a fair copy thereof in the English and Xhosa languages to the Secretary's table and may then move , without notice , that it be read a first time such question being put without amendment or debate . The Secretary shall thereupon read the short title of the Bill. 96. As soon as the first reading of a Bill has been taken the Secretary shall , if such Bill has not yet been printed, cause the text thereof, as contained in the copy laid on the Table, to be printed. 97. When a Bill is printed (a) the Bill shall be given a short title corresponding to the title by which it is to be cited if it becomes law; (b) the Bill shall be given a long title setting out the purposes of the Bill in general terms; (c) the clauses of the Bill shall be preceded by the enacting formula which in the case of an enacting Bill shall be "be it enacted by the Transkei National Assembly" and if it be a declaratory Bill, "it is hereby declared and enacted by the Transkei National Assembly" ; (d) the Bill shall be divided into clauses, numbered consecutively and having a marginal note to each clause; and (e) matters of detail dependent on the provisions of the Bill may be annexed to the Bill in the form of a schedule or schedules . 17

Introduction of Private Bills.

Bills to be Printed .

Form of Bills.

Factual Memorandum on Bill. Members to Receive Copies of Bills. Notice to Move Second Reading. General Principles Only to be Discussed on Second Reading . Procedure on Motion to Amend Proposed Bill.

Procedure when Bill has been Read Second Time . Notice of Amendments to be Given.

Speaker or DeputySpeaker Leaves Chair when Assembly in Committee.

Procedure in Committee.

98. A memorandum stating the object of the Bill may be attached to it provided that such memorandum shall not be argumentative . 99. As soon as possible after the publication of a Bill the Secretary shall cause a copy of it to be sent to every member. 100. After a Bill has been read the first time and printed the member in charge shall fix a day for its second reading. 101. On the second reading of a Bill a debate may arise covering the general merits and principles of the Bill.

102. A motion may be made to amend the question for the second reading of a Bill : (a) by omitting the words after "that" and substituting therefor the words "the Bill be not proceeded with" ; (b) by omitting all or some of the words after "that" and substituting words which state some special reason against the second reading of the Bill ; (c) by referring the subject matter of the Bill to a select committee. 103. When a Bill has been read a second time it may either be ordered to be considered in Committee of the whole Assembly on a day then named by the member in charge or be referred to a select committee.

(a) A member desiring to have a proposed amendment to a Bill placed on the Order Paper, shall hand it to the Secretary not later than four o'clock p.m. on the day before that on which it is so to appear. (b) A proposed amendment shall be couched in the proper form . (c) An amendment may be handed to the Secretary at any time for publication on the Order Paper after the Bill to which it relates has been read a first time . 105. On the order of the day being read for the Assembly to go into committee on the Bill the Speaker or Deputy-Speaker shall announce that the Assembly shall thereupon resolve itself into committee , the Speaker or Deputy- Speaker seating himself at the Table. 104.

106.

(a) The Speaker or Deputy-Speaker , upon seating himself at the Table, shall proceed to read the number and the marginal note of each clause in succession , and shall put the question on each such clause . (b) The long title and the preamble ( if any) stand postponed until after the consideration of the clauses and schedules (if any) without any question being put. 18

107. An amendment may be made to a clause or a new clause added , if it be relevant to the subject matter of the Bill or pursuant to any instruction , or be otherwise in conformity with the Standing Rules; but if any amendment be adopted which is not within the long title of the Bill, the committee shall amend the long title accordingly and report it specially to the Assembly: Provided, however, that no clause or amendment can be proposed which is in conflict with the principle of the Bill as read a second time. 108. No new clause or amendment shall be allowed which is substantially the same as one already negatived, or which is inconsistent or in conflict with one already agreed to by the committee unless a recommittal of the Bill has intervened.

Amendments which may be Moved.

109. The principle of a Bill shall not be discussed in committee, but only its details .

Principle of Bill not to be Discussed in Committee.

110. Where an amending Bill is introduced to amend a specific section or sections of the principal Act or to enact a new section thereof, an amendment in commitee shall be confined to the subject matter of the clauses of the Bill as read a second time , and to any amendment consequential thereon. 111. Except that the Speaker or Deputy- Speaker shall be seated at the Table of the Assembly during proceedings in Committee, the proceedings normally followed during sittings of the Assembly shall , subject to the provisions of these Rules, continue to apply.

Amendment of Principal Act.

Amendments not to be Made if Same as One Already Negatived .

Standing Rules Continue to Apply when Assembly in Committee.

112. At the close of the proceedings of a Committee of the whole Assembly on a Bill the Speaker or DeputySpeaker shall return to the Chair and announce that the Commitee stage of the Bill has been finalised and accepted by the Assembly in Committee with or without amendments.

Speaker or DeputySpeaker Returns to Chair when Committee Stage Finalised.

113. The Speaker or Deputy-Speaker shall thereupon ask the Minister or member in charge of the Bill on what date the third reading is to be taken and order that the third reading be taken on the appointed date or any other suitable date . 114. When the Bill has been amended in a Committee of the whole Assembly it shall, if the Assembly so directs , be printed as amended prior to the third reading being taken . 115. On the third reading of a Bill (other than an appropriation Bill) the debate thereon , if any, shall be confined to the effects of the amendments which have been adopted by the Committee of the whole Assembly. If the Bill has not been amended the question shall be decided without amendment or debate.

Date for Third Reading.

116. After the third reading, no further question shall be put, and the Bill shall be deemed to have been passed by the Assembly. 19

Bill to be Printed if Amended in Committee.

Third Reading Debate to be on Contents of Bill.

Bill Passed after Third Reading.

Short Title of Bill only to be Read. Leave to be Granted for Withdrawal of Bill.

Certain Bills not to be Introduced.

Formal Errors may be Corrected by Speaker or DeputySpeaker.

Bill for President's Assent.

Procedure when Bill is referred back.

Procedure on Report and Reintroduction of Bill Referred Back.

117. On the orders of the first, second and third reading of a Bill the Secretary shall read only the short title thereof unless the Assembly directs otherwise . 118. A Bill introduced into the Assembly shall be withdrawn only with the leave of the Assembly and the debate on a motion for leave to withdraw a Bill shall be limited to one hour and no speeches shall exceed ten minutes. 119. When a Bill is ultimately passed or has been rejected , no Bill of the same substance shall be introduced again during the current session of the Assembly. 120. Upon the discovery of any error in a Bill which has been passed by the Assembly and before it has been forwarded to the President for assent, the Speaker or Deputy-Speaker shall report such error and it shall thereupon be dealt with as with any other amendment : Provided that corrections of a verbal or formal nature (i.e. spelling or obvious grammatical mistakes or typographical errors) may be made at any time by the Secretary under the direction of the Speaker or DeputySpeaker. 121. When a Bill has been passed by the National Assembly it shall after being printed and certified by the Speaker or Deputy- Speaker be forwarded to the President for his assent in terms of section 40(1 ) of the Republic of Transkei Constitution Act, 1976 (act 15 of 1976). 122. When a Bill has been referred back to the Assembly by the President in terms of the provisions of section forty of the Constitution Act the Assembly may again proceed on such Bill in accordance with the provisions of Standing Rules Nos. 127 to 133. 123. (a) Where a Bill has been referred back to the Assembly by the President, the Minister or member in charge of a Bill shall make a report to the Assembly on the advice received as soon as possible if the Assembly is then still in session and, if not, then as soon as possible after the commencement of the next ensuing session. (b) Any member may then give notice of a motion that no further proceedings be taken on the Bill in which case the Bill shall lapse if the motion is carried or that it be amended in the light of the advice and information given. (c) Unless the Assembly has resolved to the contrary the Assembly may then again proceed to the second reading, committee stage and third reading of the Bill : Provided (i) that where the main principles of a Bill have not been affected by the advice or by the alterations effected the Speaker or Deputy- Speaker may rule that the Assembly proceed immediately to the committee stage ; (ii) that at the committee stage only those sections of the 20

Bill which are in issue or which have been altered or amended need be dealt with.

PART XIII. PROCEDURE REGARDING FINANCIAL MEASURES . Financial 124. (a) The Assembly shall not originate or pass any Measures to motion, Bill or incidental provision in any Bill have Recomfor the appropriation of any funds from the mendation Transkeian Revenue Fund or for the imposiof President. tion of any tax or impost without the recommendation of the President in accordance with the provisions of the Constitution Act; (b) Every such recommendation shall be communicated to the Assembly by written message substantially in the following form : "His Excellency the President, having been informed of the subject matter of the proposed motion (Bill, incidental provision or other measure) recommends it for consideration of the Assembly." Certain Bills 125. Any Bill containing the estimated financial Known as requirements for expenditure on the services of the AppropriaGovernment of Transkei for the current or succeeding tion Bills. financial year shall be known as an Appropriation Bill. Estimates containing the details of the said financial requirements shall be presented at the same time as any such Bill . Second Read126. After the motion for the second reading of an ing ApproAppropriation Bill has been proposed the debate priation thereon shall be adjourned and shall be resumed not Bill: Procedure . earlier than the day following, after which not more than fifteen hours shall be allotted for the second reading of the Bill . The debate , when resumed , shall be confined to the financial and economic state of Transkei and the general principles of Government policy and administration as indicated by the Bill and estimates. After the expiry of 15 hours of debate unless the debate is concluded earlier, the Speaker or Deputy- Speaker shall give the responsible Minister an opportunity for reply or set down a date for reply and put any question necessary to bring the proceedings on second reading to a conclusion. Definition 127. There shall be a Committee of the whole Assembly of Committee to be called the Committee of Supply. The deliberations of Supply . of the Committee shall be in public. 128. The Estimates shall upon presentation to the Assembly stand referred to the Committee of Supply and the Appropriation Bill upon being read a second time shall stand committed to that Committee .

Estimates Stand Committed as Committee of Supply.

129.

Procedure of Committee of Supply.

(a) When the Assembly is in Committee of Supply the votes falling under the different ministerial portfolios shall be dealt with consecutively. 21

(b) The debate in Committee of Supply on the vote(s) of each Minister shall be commenced with a speech by the responsible Minister relating to the administration, future development and general policy of the department(s) falling under his care. (c) Notwithstanding the provisions of Standing Rule No. 30 a Minister shall not be limited in

Schedules of Appropriation Bill to be First Disposed of. Heads of Expenditure.

Debate on Heads of Schedules .

time when making his policy speech referred to in Standing Rule 133(b) above. 130. On the consideration of the Appropriation Bill in Committee of Supply, the clauses of the Bill shall stand postponed until after consideration of the schedule or schedules. 131. On consideration of the schedules each vote of expenditure shall be considered with the appropriate estimate, and any reference in these Standing Rules to a sub-head, item or sub-item means a sub-head , item or sub-item in the estimates for the vote then under discussion. 132. On the consideration of a schedule , the Speaker or Deputy-Speaker shall call the title of each vote of expenditure in turn , and shall propose the question. "That the sum of R ... for vote ... stand part of the schedule ", and unless an amendment is proposed under the provision of the next succeeding rule, a debate shall be confined to the policy of the service for which the money is to be provided and shall not deal with the details of any sub- item, item or sub-head but may refer to the details of revenues or funds for which that service is responsible .

Schedule to be Part of Bill.

133. When all the votes in a schedule have been disposed of, the Speaker or Deputy- Speaker shall put forthwith, without amendment of debate , the question "That the schedule (as amended) stand part of the Bill."

Clauses of Bill to be Considered

134. When every schedule has been disposed of the Speaker or Deputy- Speaker shall call successively each clause of the Bill and shall forthwith propose the question "that the clause stand part of the Bill " and , unless a consequential amendment is moved , that question shall be disposed of without amendment or debate .

Amendments to be Moved by Member of Cabinet Only.

135. No amendment may be moved to any clause except any amendment consequential on an alteration in the total sum appropriated by any schedule . Any such consequential amendment shall be moved by a member of the Cabinet only, and may be moved without notice and the question thereon shall be put forthwith without amendment or debate . When the question on the last of any such amendments to a clause has been decided the Speaker or Deputy- Speaker shall forthwith put the question "That the clause , as amended , stand part of the Bill", and that question shall then be decided without amendment or debate . 22

136. When the question upon every clause of the Bill has been decided, the Speaker or Deputy- Speaker shall return to the Chair of the Assembly and announce to the Assembly that the Bill has been passed by the Committee with or without amendments .

Speaker or DeputySpeaker to Return to When Every Clause Decided .

137. No amendment shall be moved in the Committee of Supply under this Standing Rule until one clear day after that on which it was published in the Order Paper.

Time in Which Amendment shall be Moved.

138. An amendnent to increase a vote, whether in respect of any sub-item, item or sub-head or of the vote itself, shall be ruled out of order by the Speaker or Deputy- Speaker and when more than one reduction is moved in any vote , or item of a vote , the question shall first be proposed from the Chair on the largest reduction. 139. (a) Save as prescribed in paragraph (b) of this Standing Rule , an amendment to any vote of expenditure to reduce the sum allotted thereto in respect of any item therein may be moved by any member, and shall take the form of a be reduced by R .. motion "That vote . . . in respect of (or by leaving out) subitem .... ..... ..., sub-item .. head 99

Amendments to Increase or Reduce.

(b) An amendment to reduce a vote in respect of any item or by leaving out an item shall only be in order if the item is not sub- itemised . (c) An amendment to reduce a vote in respect of any sub-head or by leaving out a sub-head shall only be in order if the sub-head is not itemised . (d) An amendment to reduce a vote without reference to a sub-head therein shall only be in order if the vote is not divided into subheads. (e) An amendment to leave out a vote shall not be in order and shall not be placed on the Order Paper. (f) In the case of each vote , amendments in respect of sub-items, items or sub-heads in that vote shall be placed upon the Order Paper and considered in the order which the sub-items , items or sub-heads to which they refer stand in the vote in the Estimates . (g) When notice has been given of two or more amendments to reduce the same sub-item , item , sub-head or vote they shall be placed upon the Order Paper and considered in the order of the magnitude of the reductions proposed, the amendment proposing the largest reduction being placed first in each case. (h) Debate on every amendment shall be confined to the sub-item, item, sub-head or vote to which the amendment refers , and after an amend23

Procedure on Motions to Amend.

Third Reading of Appropriation Bill. Taxation and Committee of Ways and Means.

Part Appropriation Bills.

ment to a sub-item, item or sub-head has been disposed of, no amendment or debate on a previous sub- item, item or sub-head of that vote shall be permitted . (i) When all amendments standing on the Order Paper in respect of any particular vote of expenditure have been disposed of the Speaker or Deputy- Speaker shall again pro..for pose the question "that the sum R ………. vote .. stand part of the schedule", or shall propose the amended question "That the reduced sum of R .. for vote .... stand part of the schedule ", as the case may require. The debate on any such question shall be subject to the same limitations as apply to a debate arising under Standing Rule No. 137. 140. The motion for third reading of the Appropriation Bill shall be decided without amendment or debate . 141.

(a) All proposals to raise funds by way of taxation shall originate in Committee of Ways and Means on prior notice given by the Minister of Finance: Provided that if a taxation proposal is only incidentally involved in a Bill, such Bill may be proceeded with without reference to the Committee . (b) All taxation proposals which are laid upon the table shall stand referred to the Committee. (c) When the proceedings in Committee of ways and means have been concluded the Speaker or Deputy- Speaker shall report the taxation proposals with or without amendments . Such report may be considered forthwith without amendment or debate. (d) If the report is adopted the Speaker or DeputySpeaker shall request the Minister to introduce the necessary Bill or Bills to give effect thereto and the Minister shall have leave to introduce such Bill or Bills forthwith or on a future day. 142. (a) The debate on Part Appropriation Bills shall be limited as follows: (i) twelve hours for the second reading, excluding the Minister's reply which shall not exceed one hour; and (ii) three hours for the third reading , excluding the Minister's reply. (b) On the third reading Part Appropriation Bills no speech shall exceed thirty minutes. PART XIV SELECT AND SESSIONAL COMMITTEES.

Appointment of Sessional Committees.

143. As soon as possbile after the beginning of each session the Assembly shall appoint the following Sessional Committees each consisting of five members including the Chairman thereof: (a) On Standing Rules and Internal Arrangements , 24

whose order of reference shall also include the management and control of the library of the Assembly, the refreshment rooms and convenience and comfort of members and the printing and publishing of the reports of the Assembly with the Speaker or Deputy- Speaker of the Assembly as Chairman. (b) On Public Accounts whose order of reference shall be to examine the accounts showing the appropriation of the sums granted by the Assembly to meet public expenditure. When the Report of the Auditor-General is received by the Transkeian Minister of Finance it shall stand referred to this Sessional Committee. 144. ( 1 ) There shall be a Sessional Committee , designated the Business Committee , consisting of the Prime Minister, as Chairman, two other Ministers appointed by the Cabinet, the Speaker or DeputySpeaker of the Assembly and two other members elected by the Assembly. (2) The Business Committee shall consider matters which shall be placed on the Order Paper and which matters on the Order Paper shall be given preference over others and generally to arrange the programme for the despatch of the day by day business of the Assembly. 145. ( 1 ) Thẹ Assembly may, by order on a motion appoint a select committee to consider the terms of a Bill or for any other purpose . (2) The order of reference of a select committee shall be decided by the Assembly by the order on a motion appointing the select committee or any subsequent order on a motion. (3) The quorum of a select committee shall be one half of its members excluding the chairman . (4) A select committee shall as soon as it has completed considering the Bill or any other matter referred to it report to the Assembly thereon and the committee shall thereupon be dissolved . If the committee is of the opinion that it will not be able to complete consideration of the Bill or other matter before the end of the session it shall so report to the Assembly. 146. (1 ) The deliberations of a select committee shall be confined to the matter or matters referred to it by the Assembly and in the case of a select commitee on a Bill shall be confined to the Bill committed to it and relevant amendments . (2) A select committee shall sit at the time determined by the chairman in consultation with the members thereof and may continue to sit although the Assembly may be adjourned . The sittings of a select committee shall be held in private unless the committee otherwise orders : Provided that this restriction shall not be so interpreted as to exclude officials or witnesses necessarily associated with the business of such a select committee . 25

Appointment of Business Committee.

Appointment of Select Committees.

Select Committees: Procedure.

Special Report on Powers , Functions and Proceedings of Select Committee.

(3) If the chairman of a select committee is unable to be present at a sitting the committee shall elect another chairman whose tenure of office shall be for the day of his election . (4) Divisions in a select committee shall be taken by the clerk to the committee who shall ask each member of the committee separately how he wishes to vote and record the votes accordingly. (5) In case of a dispute over a matter of procedure the members of the committee may request the chairman to refer the matter to the Speaker of the Assembly for decision and if so requested by a majority of the members the chairman of the select committee shall be obliged to do so. (6) Neither the chairman of a select committee nor any other member presiding shall vote unless the votes of other members are equally divided in which case he shall give a casting vote . 147. A select committe may make a special report relating to the powers, functions and proceedings of the committee on matters which they think fit to bring to the notice of the Assembly.

Minutes.

148. The minutes of the proceedings of the committee shall record all proceedings on consideration of a report or Bill in the committee and on every amendment proposed to the report or Bill, with a note of divisions, if divisions , were taken in the committee, showing the names of members voting in the division or declining to vote and distinguishing on which side they voted and all such entries or minutes shall be reported to the Assembly when the report of such committee is brought up .

Tabling of Report and Proceedings of Select Committee

149. A report or special report, with the minutes of proceedings of a select committee and the minutes of evidence, if evidence was taken, shall be laid on the Table of the Assembly by the chairman of the committee .

150 .

Assembly must Authorise Sending for Persons , Papers and Records. Evidence and Documents not to be Disclosed.

No select committee shall exercise its powers to

send for persons , papers and records , unless it has been specifically permitted to do so by order of the Assembly.

151. The evidence taken before a select committee and documents presented to the committee shall not be published by a member of the committee or by any other person before the committee have presented their report to the Assembly.

26

152. No member shall appear before the Assembly or a committee thereof as a legal practitioner for or on behalf of a party or in a capacity for which he is to receive a fee or reward .

PART XV . STRANGERS 153. A stranger means any person who is not a member or an official who has duties to perform in connection with the business of the Assembly. 154. Strangers may be permitted to be present in the Chamber in the places set apart for them, but must withdraw when called upon to do so by the presiding member, who may, whenever he thinks fit, order them to withdraw . 155. The Sergeant-At-Arms shall remove , or cause to be removed , any stranger from any part of the Chamber or of the galleries appropriated to the members only; and also any stranger who , having been admitted into any part of the Chamber or of the galleries , shall misconduct himself or shall not withdraw when strangers are directed to withdraw while the Assembly is sitting. 156. If at any sitting of the Assembly, or in committee, any member shall take notice that strangers are present, the Speaker or Deputy- Speaker shall order such strangers to withdraw, or may put the question, "That strangers be ordered to withdraw", without permitting any debate or amendment.

PART XVI SION . MISCELLANEOUS PROVISIONS 157. Any stranger who shall wilfully disobey any lawful order of this Assembly shall be guilty of contempt. 158. Any stranger guilty of contempt shall be committed to the custody of the Sergeant-at-Arms by order of the Speaker or Deputy- Speaker and dealt with as the Assembly may direct. 159. (1) A member of the Cabinet or of the Assembly shall not in or before the Assembly or any standing, sessional , select or special committee thereof vote upon or take part in the discussion of any matter in which he has a pecuniary interest. (2) Any member who contravenes the provisions of sub-rule (1) shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding five years. (3) The court which has convicted any person of a contravention of this Standing Rule may order the person convicted to repay the amount or the value of any fee, compensation , gift or reward accepted or received by him. (4) The provisions of this Standing Rule shall not

27

Members who are Legal Practitioners Appearing before Select Committee not to Receive Reward.

Definition of Strangers Power of Presiding Member to Exclude Strangers.

Power of Sergeant-atArms to Remove Strangers.

Member Calling Attention to Strangers

Contempt.

Person Declared Guilty of Contempt. Members not to have Pecuniary Interest.

apply to any vote or discussion concerning any remuneration or allowance to be received by a member of the Cabinet or of the Assembly in his capacity as a member of the Cabinet or of the Assembly or to any interest which any such member may have in any matter in common with the public generally or with any class or section thereof. Members not to Accept Fee or Reward.

Suspension of Rules of Procedure.

Cases not Provided for.

Rules of Procedure to be of Force Until Altered, Amended or Repealed.

160. (1 ) No member of the Cabinet or of the Assembly and no attorney or agent who , in the practice of his profession, is a partner or in the service of any such member, shall accept or receive either directly or indirectly any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any Bill, resolution, matter or thing submitted or intended to be submitted for the consideration of the Assembly or any committee thereof. (2) Any person who contravenes the provisions of sub-rule (1 ) shall be guilty of an offence and liable on conviction to the penalties prescribed in sub-rules (2) and (3) of Standing Rule 163. 161. (1 ) Any Standing Rule of Procedure or Sessional Order or Orders of the Assembly may be suspended upon motion made after notice , such motion being carried by a majority of votes : Provided that in cases of urgent necessity (of which the Speaker or DeputySpeaker shall be the judge) any such Standing Rule or Order may with the consent of the Assembly be suspended upon motion made without notice. (2) The suspension of a Standing Rule or Order is limited in its operation to the particular purpose for which such suspension has been sought. 162. In every case not provided for in these Standing Rules of Procedure or in the Constitution Act the Speaker or Deputy- Speaker shall decide , taking for his guide the Rules and Practice of the House of Assembly of the Parliament of the Republic of South Africa in so far as they can be applied or adapted to the proceedings of the Assembly . 163. The foregoing rules of procedure shall continue in force until altered, amended or repealed by the National Assembly .

28

28

REPUBLIC OF TRANSKEI

CONSTITUTION

ACT,

1976

(ACT 15 OF 1976 As amended) This Act is divided into different Chapters and schedules which relate to the following subject matters : PREAMBLE CHAPTER 1 : CHAPTER 2 : CHAPTER 3:

CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER

1:

2: 3: 4: 5:

6: 7: 8: 9: 10 : 11:

4: 5: 6: 7: 8: 9:

SECTION/S 1 REPUBLIC OF TRANSKEI 2-11 THE PRESIDENT .... PUBLIC SEAL, NATIONAL FLAG, COAT OF ARMS , ANTHEM AND 12-16 LANGUAGES.. 17-20 EXECUTIVE GOVERNMENT..... 21-43 THE LEGISLATURE ..... 44-54 THE JUDICATURE 55-56 FINANCE 57-59 CITIZENSHIP . 60-76 GENERAL .......

SCHEDULES TERRITORIES AND DISTRICTS COMPRISING TRANSKEI AND NUMBER OF CHIEFS IN NATIONAL ASSEMBLY ; OATH OF OFFICE OF PRESIDENT OR ACTING PRESIDENT ; COAT OF ARMS OF REPUBLIC OF TRANSKEI ; OFFICIAL VERSION OF NATIONAL ANTHEM "NKOSI SIKELEL' ¡AFRIKA" ; PART 1- OATH OF OFFICE OF MINISTER; AND PART 2- OATH OF OFFICE OF DEPUTY MINISTER OATH OF MEMBERSHIP OF NATIONAL ASSEMBLY ; DESIGN OF SEAL OF SUPREME COURT OF TRANSKEI; OATH OF OFFICE OF JUDGE OF THE SUPREME COURT OF TRANSKEI LAWS REFERRED TO IN FIRST PROVISO TO SECTION 60( 1); PARAMOUNT CHIEFTAINSHIPS ; LAWS REPEALED

REPUBLIC OF TRANSKEI CONSTITUTION ACT, 1976

ACT To constitute the Republic of Transkei and to provide for incidental matters . 29

PREAMBLE . In the Name of God . Amen. In the faith that the One Eternal God is the source of all authority, wisdom, justice and morality, and in humble acknowledgement that we and all mankind are subject to His Laws; We, the people of Transkei rightfully represented in this Assembly, do hereby adopt, enact and give to ourselves this Constitution . We solemnly resolve to constitute Transkei into a sovereign and independent Republic wherein its citizens and all others who dwell lawfully within its borders are assured of social, political and economic justice , freedom of speech, assembly and worship, and unimpeded access to and equality before the Law, And we do further determine to use the powers which we do hereby take to ourselves for the promotion of the spiritual and material well-being of all in our midst, the maintenance of law and order the defence of our country against its enemies and the furtherance of peace among the nations of the world . E IT THEREFORE ENACTED BY THE TRANSKEIAN LEGISLATIVE ASSEMBLY, as follows : CHAPTER 1 REPUBLIC OF TRANSKEI

Establishment of Republic of Transkei.

1.

Office and powers 2. of President

(1 ) Transkei consisting of the territories and districts mentioned in the first and second columns of Schedule 1 , together with the seashore and territorial waters thereof and such other land as may be added thereto, is a sovereign independent State and a republic. (2) Umtata shall be the seat of government of the Republic of Transkei in all its activities.

CHAPTER 2. THE PRESIDENT. (1) There shall be a President of the Republic of Transkei who shall be the Head of State and in his person a unifying symbol for all the peoples of Transkei . (2) Subject to the provisions of this Act, the President shall have power (a) to appoint the times for the holding of sessions of Parliament and to prorogue Parliament; (b) to dissolve the National Assembly ; (c) to appoint and accredit, to receive and to recognize ambassadors, plenipotentiaries , diplomatic representatives and other diplomatic officers , consuls and consulār officials ; 30

(d) to enter into and ratify international conventions , treaties and agreements ; (e) to confer honours; (f) to pardon or reprieve offenders either conditionally or unconditionally; (g) to remit fines , penalties or forfeitures; and (h) to declare war or to make peace and to proclaim or terminate martial law. (3) The President shall be the commander-in-chief of the defence forces of Transkei, and subject to such conditions as may be prescribed by or under any law, may(a) mobilise and call out the defence forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace , the protection of life , health or property or the provision or continuance of essential services; and (b) confer commissioned rank in the defence forces on any person serving or qualified to serve therein and give to such person a commission under his hand. (4) (a) The President shall , in addition , as Head of State have such powers, authorities and functions as were , immediately prior to the commencement of this Act, possessed by the State President of the Republic of South Africa in his capacity as Head of State of that republic by way of prerogative. (b) The constitutional conventions which immediately prior to the commencement of this Act related to the exercise by the said State President of his powers , authorities and functions by way of prerogative or otherwise shall govern the exercise by the President of the powers, authorities and functions conferred upon him by this Act or any other law.

3.

(1) The President shall be elected at a meeting of the National Assembly sitting as an electoral college under the chairmanship of the Chief Justice or another judge . (2) Such meeting shall, in respect of the election of the first President, be held on the day of commencement of this Act and, in respect of any subsequent election, at the time and place fixed by the Speaker or, in his absence, the secretary of the National Assembly by notice published in the Gazette not later than fourteen days before the date of such meeting . (3) The date fixed by the notice under sub-section (2) shall be a date not earlier than three months and not later than fourteen days before the expiration of the period of office of the President or, if such office becomes vacant 31

Election of President.

before that time , not later than three months after such office has become vacant. (4) No person may be elected or continue as President unless he (a) is of or above the age of thirty years ; (b) has resided for five years, whether before or after the commencement of this Act, within any district mentioned in Schedule 1 ; and (c) is qualified to be a member of the National Assembly. (5) The person elected as President shall, as from the day of his election, vacate every public office in respect of which he receives any remuneration or allowance from public funds : Provided that nothing in this sub- section contained shall be construed as prohibiting the retention of his title by any paramount chief or chief who is so elected.

Method of election as President

4.

(1 ) Subject to the provisions of sub-section (3 ), the Speaker may make rules regulating the procedure to be followed at a meeting held under section 3(1), including rules prescribing the form in which the nomination of candidates for election as President shall be made and rules prescribing the manner in which any ballot shall be conducted. (2) Until the Speaker makes rules in terms of subsection (1 ), the procedure to be followed at a meeting under section 3(1 ) shall be as follows: (a) The chairman shall call for the nomination of candidates for election as President. (b) Every such nomination shall be in writing and shall be signed by two members of the National Assembly and also by the person nominated unless he has in some other way signified his willingness to accept nomination or unless he is the person then holding office as President, in which event his nomination shall be by resolution under section 5 (2). (c) The chairman shall announce the name of every person duly nominated as candidate for election. (d) If only one candidate has been nominated and such candidate complies with the provisions of section 3(4), the chairman shall declare him to be duly elected as President. (e) If two or more candidates who comply with the provisions of section 3(4) have been nominated , the chairman shall cause a vote to be taken by secret ballot (at which each member of the electoral college shall have one vote ) and , if a majority of the votes so cast is in favour of one candidate , shall declare such candidate to be duly elected as 32

President. (f) If no candidate obtains such a majority of votes, the candidate who received the lowest number of votes shall be eliminated and a further ballot taken in relation to the remaining candidates and , subject to the provisions of paragraph (g), this procedure shall be repeated as often as may be necessary until one candidate receives a majority of all the votes cast and is declared duly elected : Provided that, if two or more candidates receive the same number of votes but less than the remaining candidates, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall be eliminated for the purposes of this paragraph . (g) If (i) only two candidates who comply with the provisions of section 3(4) have been nominated , or (ii) only two candidates remain after the elimination of one or more candidates under paragraph (f), and there is an equality of votes between such two candidates , a further vote between those two candidates shall be taken on the following day and on each day thereafter until one candidate receives a majority of all the votes cast and is declared duly elected . (3) No debate shall be allowed at any meeting held under section 3 (1). 5.

6.

7.

(1) Subject to the provisions of sections 6 and 7 the person elected to the office of President shall hold that office for a period of seven years commencing on the day on which he takes and subscribes the oath prescribed in section II. (2) The holder of the office of President shall, on the expiration of his period of office, not be eligible for re -election unless the National Assembly has expressly decided otherwise by resolution . (3) The President shall at no time absent himself from Transkei except with the prior consent of the Executive Council . The holder of the office of President may at any time resign from such office by lodging his resignation in writing with the Speaker. (1) Upon the adoption by the National Assembly of a resolution declaring the person holding the office of President to be removed from office , such person shall forthwith cease to hold such office . (2) No resolution shall be adopted by the National 33

Tenure of office of President

Resignation of President. Removal of President from office.

(3)

Salary of President .

8.

(1)

(2)

Pension of President and his widow.

9.

(1)

(2)

(3)

Assembly under sub-section (1 )(a) unless there has previously been submitted to the Speaker a petition signed by not less than twenty-five members of the National Assembly praying for the removal of the person holding the office of President on the grounds of misconduct or the inability of such person to perform efficiently the duties of that office and praying further that a committee be appointed by the Assembly to investigate the subject-matter of such petition; and (b) if such committee is appointed , except after consideration of the report of such committee . No debate shall be permitted in the National Assembly in any proceedings under sub- section (1). The President shall receive such salary and allowances as may be authorized by Parliament from time to time as a charge on the general revenues of the Republic. The salary and allowances of the President shall not be altered to his disadvantage during his term of office. Any person who has at any time held the office of President shall be paid as a charge on the Transkeian Revenue Fund a pension of an amount determined by Parliament from time to time. There shall be paid (as a charge on the Transkeian Revenue Fund) to the widow of the person referred to in sub- section (1) (unless she entered into a marriage with such person after he vacated his office as President) a pension at the rate of one-half of the pension payable, or which would have been payable , to such person. The pension payable (a) under sub- section ( 1) shall be payable with effect from the day following the day upon which the person concerned vacated the office of President;

Acting President.

10.

Oath of office of President or Acting President and notice of assumption of office .

11.

(b) under sub-section (2) shall be payable with effect from the day following the day on which the beneficiary became a widow. Whenever the office of President becomes vacant or the holder of such office is for any reason unable to discharge his duties, the Speaker or, if there is no Speaker or he is unable to act, a person appointed by the Executive Council shall act as President. (1 ) Before assuming the office of President or Acting President the person elected or otherwise required to hold that office shall take and subscribe before the Chief Justice or another judge an oath of office in the form prescribed in

34

Schedule 2. (2) The President or Acting President shall make known by proclamation in the Gazette that he has taken the oath and assumed his office . CHAPTER 3. PUBLIC SEAL, NATIONAL FLAG, COAT OF ARMS, ANTHEM AND LANGUAGES. Public Seal. 12.

(1) The public seal of the Republic of Transkei shall be a seal on which there shall be engraved the coat of arms of Transkei circumscribed by the words "IRIPHABLIKI YETRANSKEI” and "REPUBLIC OF TRANSKEI" . (2) The public seal shall at all times be in the custody of the President and , except in so far as may otherwise be determined by the President, shall be used on all public documents on which such use is required by this Act or any other law.

13. The national flag of the Republic of Transkei shall be a flag consisting of three horizontal stripes of equal width from top to bottom ochre red , white and green. 14. The coat of arms of the Republic of Transkei shall be as described in Schedule 3. 15. The national anthem of the Republic of Transkei shall be "Nkosi Sikelel'iAfrika " in the version set out in Schedule 4. 16. Xhosa shall be the official language of the Republic of Transkei, and except as provided in section 41 , Sesotho, English and Afrikaans may also be used for legislative , judicial and administrative purposes.

17.

CHAPTER 4 EXECUTIVE GOVERNMENT (1) The executive power of the Republic shall vest in the President acting on the advice of the Executive Council and any reference in this Act or in any other law to the President shall, unless it is expressly otherwise provided or must necessarily be otherwise implied , be construed as a reference to the President acting on the advice of the Executive Council. (2) Subject to the provisions of this Act there shall be vested in the President the administrative control and the powers, authorities and functions in all matters affecting the peoples of Transkei (other than legislative powers and the authorities , powers , rights and immunities of the supreme chief) which immediately prior to the commencement of the Status of the Transkei Act, 1976 or this Act were vested in the State President of the Republic of South Africa or in the Cabinet of Transkei, as the case may be. (3) The President shall exercise his powers , authorities and functions under sub- sections (1)

35

National flag.

Coat of Arms.

National Anthem.

Languages.

Executive government.

(4)

State departments and Ministers.

18.

(1 )

(2)

(3)

Appointment of acting Ministers and assignment of administrative powers to Ministers.

19.

and (2) in writing under his signature which shall be confirmed by the public seal of the Republic referred to in section 12 and every instrument signed by the President shall be counter-signed by a Minister. Nothing in the preceding provisions of this section contained shall be construed as affecting (a) the exercise by the President of his powers, authorities and functions relating to (i) the appointment of any Minister under section 18( 1 ); or (ii) the summoning or proroguing of Parliament or the dissolution of the National Assembly in terms of section 2(2) or any other law; or (b) the constitutional conventions which , as provided in section 2 (4)(b), relate to the exercise of his powers, authorities and functions by the President. For the discharge of the business of the Republic the President may from time to time establish such departments of State as he may consider necessary and may appoint persons not exceeding fifteen in number, to administer such departments . Subject to the provisions of sub-section (3), the persons appointed under sub- section (1) shall (a) be Ministers of State ; (b) hold office during the pleasure of the President; and (c) while holding office , constitute the Executive Council. No person shall hold the office of Minister of State unless -

(a) he is a member of the National Assembly ; and (b) he has first made and subscribed before the President or a person designated by the President an oath in the form prescribed in Part 1 of Schedule 5. (4) Except to the extent to which provision has been made in terms of sub-section (1 ) any department in existence in the government of Transkei immediately prior to the commencement of this Act shall be deemed to have been duly established under that sub-section and any person administering any such department to have been duly appointed under this section to administer that department, provided that such person shall make and subscribe the oath prescribed in sub -section (3 )(b) . (1 ) If at any time a Minister is unable to carry out the functions of his office the President may appoint any other member of the Executive Council to act in such Minister's place , either generally or for the performance of a particular 36

function, and it shall also be competent for the President, for the efficient discharge of the business of the Republic, to assign to any Minister the administration of any law or of any particular provision of any law. (2) Whenever, in terms of sub-section (1 ), an acting Minister is appointed or the administration of any law or any provision of any law which confers, imposes or entrusts any power, duty or function on or to any Minister is assigned to another Minister, such last mentioned Minister shall be competent in all respects to exercise or perform any such power, duty or function, and any reference in that law or provision to the department of State administered by such first mentioned Minister or the incumbent of any office in such department shall be construed as a reference to the department administered by such lastmentioned Minister or to the incum-

20.

bent holding a corresponding office in such department, as the case may be. (1 ) The President may from time to time appoint persons (not exceeding five in number) to hold office during his pleasure as Deputy-Ministers : Provided that no person shall be so appointed unless he is a member of the National Assembly. (2) Any person appointed under sub-section (1) — (a) shall , subject to the direction of the President, assist the Minister whose deputy he is , in the exercise or performance of the powers, functions and duties of such Minister; (b) shall not be a member of the Executive Council ; and (c) shall make and subscribe before the President or a person designated by the President an oath in the form prescribed in Part 2 of Schedule 5 .

Deputy-Ministers .

(3) For the purposes of sub-section (2) any reference in any law to a Minister shall be deemed to include a reference to the person appointed in terms of sub- section ( 1 ) as the deputy of such Minister. CHAPTER 5 . THE LEGISLATURE. 21.

(1 ) The legislative power of the Republic of Transkei shall vest in a Parliament consisting of the President and a National Assembly . (2) Parliament shall be the sovereign legislative authority in and over the Republic and shall have full power to make laws for the peace , order and good government of the Republic. (3) Parliament shall exercise its power to make laws by Bills passed by the National Assembly

37

Legislative power.

(4)

Composition of National Assembly.

22.

(1 )

(2)

Electoral divisions and determination of number of members in each division.

23.

(1 )

(2)

Persons entitled to register as voters and to vote.

24.

Disqualification of voters

25.

and assented to by the President and every law so assented to shall be styled an Act. No court of law shall be competent to inquire into or to pronounce upon the validity of any Act. Subject to the provisions of section 29 the National Assembly shall consist of (a) the paramount chiefs ; (b) seventy chiefs who shall represent the districts of Transkei in which they hold office in the numbers prescribed in the fourth column of Schedule 1 and (c) seventy-five elected members. The Legislative Assembly, as constituted for the purposes of the Transkei Constitution Act, 1963 and in existence immediately prior to the commencement of this Act, shall be deemed to have been duly constituted as the National Assembly for the purposes of this Act, and every person holding office as a member of the said Legislative Assembly immediately prior to such commencement shall be deemed to be a member of the National Assembly: Provided that such person shall, before taking his seat as a member of the National Assembly, make and subscribe the oath prescribed in section 27. There shall be twenty-eight electoral divisions for the election of the members of the National Assembly referred to in section 22(c) and the number of members to be elected in respect of each electoral division shall be in proportion to the respective total numbers of registered voters in the various divisions : Provided that there shall be elected at least one member in respect of each electoral division . Each district mentioned in the second column of Schedule I shall be an electoral division .

(1 ) Every person who (a) is a citizen of Transkei , (b) is over the age of twenty-one years or, if he is a taxpayer over the age of eighteen years , and (c) is not subject to any disqualification mentioned in section 25, shall be entitled to be registered as a voter in an electoral division and , if he is so registered , to vote at an election . (2) Every person registered as a voter shall , at an election of members of the National Assembly have as many votes as there are members to be elected for the electoral division in which he is registered, but shall not record more than one vote in favour of any one candidate . ( 1 ) No person shall be entitled to be registered as a voter or to the continuance of his registration as

38

voter or to vote in any electoral divison (a) if he has been convicted of treason or murder ; or (b) if he has been convicted of any other offence and sentenced to a period of imprisonment without the option of a fine (other than detention until the rising of the court) or ordered to be detained in a rehabilitation centre under any law and such period has not expired or such order has not finally ceased to be operative at least three years before the date of completion of his application to be registered or the date upon which it is decided whether or not his name is to be removed from the voters ' list or polling day in the election concerned , as the case may be ; or (c) if he has been convicted of any corrupt or illegal practice under any electoral law and has been declared incapable of being registered as a voter or of voting at an election during any period , and the said period has not expired ; or (d) if he is subject to an order of court declaring him to be of unsound mind or mentally disordered or defective or is lawfully detained as mentally disordered or defective . (2) For the purposes of paragraphs (a) and (b) or sub-section (1) (a) a person who has been granted a free pardon shall be deemed not to have been convicted of the offence in respect of which he has been pardoned ; and (b) a period of imprisonment means the full term of a sentence of imprisonment notwithstanding any suspension or remission of the whole or any portion of such sentence.

26. No person shall be qualified to be elected or to be a member of the National Assembly unless (a) he is over the age of twenty-one years: (b) he is registered as a voter in any electoral division in the region in which the division in respect of which he is to be or has been elected is situated ; and (c) he is a citizen of Transkei .

27. Every member of the National Assembly shall , before he takes his seat, make and subscribe before the Chief Justice or a judge designated by him, or in the case of a member elected to fill a casual vacancy before the Speaker, an oath substantially in the form prescribed in Schedule 6. 39

Qualification for election to National Assembly.

Oath of members of Assembly.

Paramount chief's representative.

28.

(1) Subject to the provisions of this section a paramount chief may by writing under his hand appoint any person (other than a member of the Assembly but who otherwise qualifies to be elected as such a member) as his representative to accompany him to all or any of the meetings of the Assembly or to attend such meetings on his behalf. (2) Every appointment under sub-section (1) and any revocation thereof shall be notified to the Speaker in writing by the paramount chief concerned. (3) A paramount chief and his representative shall not both participate in the same proceedings in the Assembly .

Chiefs in Assembly.

29.

( 1 ) The total number of paramount chiefs and chiefs in the Assembly shall at no time exceed seventy-five and , in the event of the institution after the commencement of this Act of any new paramount chieftainship , the number of chiefs referred to in section 22(b) who represent the district in which such additional paramount chief resides shall be reduced correspondingly. (2) (a) Whenever, by reason of the provisions of sub-section (1 ) of this section or the fact that the number of chiefs holding office in any district exceeds the number qualifying for membership of the Assembly under section 22(b), it is necessary to determine (i) which chief shall be excluded from membership of the Assembly, or (ii) which chief or chiefs shall represent such district in the Assembly, or (iii) which chief shall fill the vacant seat of a chief in the Assembly, the Speaker, or if there is no Speaker a person designated by the President, shall convene a meeting of the chiefs holding office in the district in question in order that they may, by secret ballot, make the necessary determination: Provided that, if such chiefs are unable to come to an agreement, such determination shall be made (also by secret ballot) at a meeting of the paramount chief, if any, and all the chiefs in the region in which such district is situated . (b) The meetings referred to in paragraph (a) shall be held before every general election and shall be convened for a day earlier than the day fixed for the nomination of candidates in such election . (3) Where during the life of an Assembly there is an increase in the number of chiefs holding office in any district, the membership of any chief then

40

representing such district shall not be effected thereby. 30.

(1) The seat of a member of the National Assembly shall become vacant (a) upon the death of such member:

Vacation of seat by member of Assembly.

(b) upon receipt by the Speaker of the resignation in writing of such member; (c) if such member, or in the case of a paramount chief both such chief and his representative , fail for a whole ordinary session to attend any of the sittings of the Assembly without its special leave ; (d) if he ceases to possess the qualifications mentioned in section 26 ; or (e) in the case of paramount chief or a chief if he vacates , ceases to hold , or is suspended from, such office. (2) A paramount chief or a chief who vacates his seat under paragraph (c) or sub-section ( 1 ) shall also vacate his chieftainship : Provided that the National Assembly may by resolution decide that such paramount chief or chief shall not vacate his chieftainship in which event he shall be deemed to have been reinstated as a member of the Assembly with effect from the date of the resolution . 31.

(1 ) The President may by proclamation in the Gazette appoint such times for the holding of sessions of Parliament as he may think fit and he may also , by proclamation in the Gazette or otherwise , prorogue Parliament. (2) There shall be a session of Parliament at least once in every year so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session . (3) Notwithstanding the provisions of section 74(1), the session of the Legislative Assembly which was being held prior to the commencement of this Act be resumed without delay after such commencement and such resumed session shall be the first session of the first Parliament established by this Act.

32.

(1 ) Every National Assembly shall, at its first sitting and before proceeding with the despatch of any other business, elect by ballot from amongst its members a Speaker and a DeputySpeaker . (2) The Speaker or the Deputy- Speaker shall vacate his office (a) if he ceases to be a member of the National Assembly; or (b) if he resigns from such office ; or

41

Sessions of Parliament.

Speaker and Deputy-Speaker

(c) if he is removed from office by a resolution of the Assembly. (3) If the office of Speaker or Deputy- Speaker becomes vacant the National Assembly shall in the manner described in sub-section (1) elect a new Speaker or Deputy- Speaker, as the case may be. (4) The Speaker, or in his absence the DeputySpeaker, shall preside at all sittings of the National Assembly; provided that the secretary of the Assembly shall preside at the first sitting of the Assembly until a Speaker is elected . (5) The person who holds office as Speaker at the time of any dissolution of the National Assembly shall be deemed to be the Speaker until a Speaker has been elected under sub-section (1 ).

Life of Parliament.

33.

Quorum in Assembly.

34. It shall be necessary for at least thirty-five members of the National Assembly to be present to constitute a meeting of the Assembly for the exercise of its powers .

Voting in Assembly.

35.

Penalty for sitting or voting as member of Assembly when disqualified .

36. Any person who is by law incapable of sitting as a member of the National Assembly and who , while so incapable and knowing or having reasonable grounds for knowing that he is so incapable , sits or votes as a

(1 ) Every Parliament shall continue for five years from the date of the first meeting thereof and no longer but may at any time be dissolved by the President by proclamation in the Gazette. (2) A proclamation under sub-section ( 1) shall provide for a general election to be held on a date specified in the proclamation for the election of the members of the National Assembly referred to in section 22(c). (3) Notwithstanding any dissolution of Parliament under sub-section (1), Parliament shall during the period following such dissolution up to and including the day immediately preceding polling day in the general election referred to in sub-section (2) be competent to perform its functions as if no dissolution had occurred and during such period (a) the President may summon Parliament for the despatch of business; and (b) every person who at the date of such dissolution is a member of the National Assembly shall remain such a member.

(1 ) All questions in the Assembly shall be determined by a majority of votes of members present other than the Speaker or, in his absence , the Deputy- Speaker. (2) In the event of any equality of votes the Speaker, or in his absence the Deputy- Speaker, shall have and exercise a casting vote .

42

member of the National Assembly shall be liable to a penalty of twenty rand for each day on which he so sits or votes, and such penalty may be recovered on behalf of the Treasury of the Republic by action in any competent court. 37.

(1 ) Subject to the provisions of this Act the National Assembly may regulate its own procedure and may from time to time make rules and orders regulating the order and conduct of its business and proceedings . (2) Until the Assembly makes rules and orders under sub-section (1 ) the rules and orders which applied immediately prior to the resumption of the session of the Assembly in terms of section 31 (3 ) shall continue to apply mutatis mutandis to the proceedings in the Assembly except to the extent to which such rules and orders are inconsistent with the provisions of this Act.

38.

( 1) Subject to the rules and orders referred to in section 37 (a) the proceedings of the National Assembly shall be open to the public ; and (b) there shall be freedom of speech and debate in and before the Assembly and any committee thereof for every member of the Assembly and such freedom shall not be liable to be impeached or questioned in any court or place outside the Assembly. (2) No civil or criminal proceedings shall be instituted against any member of the National Assembly, nor shall such member be liable to arrest or imprisonment or for damages , by reason of any matter or thing which he may have brought by petition, Bill, resolution , motion or otherwise or may have said in or before the Assembly or any committee thereof. (3) No person shall be liable in damages or otherwise for any act done within the legal powers of the Assembly and under its warrant or other authority. (4) No member or servant of the National Assembly shall , while in attendance on the Assembly, be obliged to appear as a party or as witness in any civil proceedings in any court that holds its sittings elsewhere than at the seat of the Assembly, and a certificate by the Speaker stating that such member or servant is in attendance on the Assembly shall be sufficient proof of such attendance.

39.

(1 ) Any Bill which appropriates revenue or monies for the ordinary annual services of the Government shall deal only with such appropriation and shall be known as an Appropriation Bill .

43

Rules of procedure .

Access to proceedings of Assembly and freedom of speech and debate and other immunities.

Bills appropriating public funds or imposing taxation .

(2) The National Assembly shall not (a) consider or pass any vote , resolution, address or Bill for the appropriation of any part of the public revenue or of any tax or impost for any purpose whatsoever, or (b) proceed with any Bill for the imposition of taxation or the alteration of taxation otherwise than by reduction , except upon the recommendation of the President conveyed by message during the session in which such vote , resolution, address or Bill is proposed . (1 ) When a Bill is presented to the President for his assent he shall declare according to his discretion that he assents thereto or that he withholds assent. (2) When the President withholds his assent the Bill shall be returned to the National Assembly: Provided that the President may return to the Assembly any Bill presented to him under subsection (1 ) and may at the same time transmit any amendment which he may recommend and the Assembly may deal with the recommendation .

Assent to Bills.

40.

Signature and enrolment of laws . (As amended by Act 2 of 1977

41. A Bill shall become law upon being assented to by the President and the Secretary of the Assembly shall cause a copy of the Act in the Xhosa language (together with a copy thereof in English. ) to be enrolled of record in the office of the registrar of the Supreme Court of Transkei and such copies shall be conclusive evidence of the provisions of such law.

Promulgation and commencement of law.

42.

(1) The Secretary of the Assembly shall cause every Act to be published in the Gazette. (2) Subject to the Provisions mutatis mutandis of section 16A of the Interpretation Act, 1957 (act 33 of 1957) an Act shall come into operation on the date of its publication in the Gazette unless the Act itself provides that it shall come into operation on another date or on a date to be fixed by proclamation thereunder .

43.

(1 ) Anything said by any member of the National Assembly in or before the Assembly or any committee thereof, whether as such a member or as a witness , shall be deemed to be a matter of privilege . (2) If, in any civil or criminal proceedings which have been instituted for or on account or in respect of any matter of privilege , there is produced to the court by the defendant or the accused a certificate by the Speaker or the Secretary of the National Assembly stating that the matter in question is one which concerns the privilege of the Assembly, the court shall

Matters of privilege .

44

forthwith stay the proceedings which shall thereupon be deemed to have been finally determined.

CHAPTER 6 THE JUDICATURE 44.

(1) There is hereby established a Supreme Court of Transkei in which shall be vested the judicial power of the Republic and which shall consist of the Chief Justice and such number of other judges as may be determined by the President from time to time. (2) The Supreme Court of Transkei shall be a court of record and shall have for its use a distinctive seal in the design prescribed in Schedule 7 , which shall be in the custody of the registrar of the court.

Establishment and constitution of Supreme Court.

(3) Notwithstanding the provisions of section 74(1) , the High Court established under section 50 of the Transkei Constitution Act, 1963 , shall , as constituted immediately prior to the commencement of this Act, be deemed to be the Supreme Court of Transkei and to have been established and constituted as such by subsection (1). 45. Subject to the provisions of this Act and of any other law (including the common law) the Supreme Court of Transkei shall (a) have jurisdiction over all persons residing or being in the Republic of Transkei : and (b) have power--

Jurisdiction of Supreme Court.

(i) to hear and determine all civil and criminal matters , proceedings or causes arising within the Republic of Transkei ; (ii) to hear and determine appeals from all inferior courts ; and (iii) to review the proceedings of all inferior courts . 46.

(1 ) Subject to the provisions of sub-section (2) the President shall from time to time as occasion may require appoint a fit and proper person as Chief Justice or as other judge of the Supreme Court. (2) No person shall be appointed under sub- section (1) (a) to the office of Chief Justice, unless he holds or has at any time held office as, a judge of the Supreme Court of Transkei or as a judge of a superior court in the Republic of South Africa or in such other country as Parliament may prescribe by resolution; or (b) to any other office of judge , unless

45

Appointment and remuneration of judges .

(i) he has practised as an advocate in the Supreme Court or in any other superior court referred to in paragraph (a) for a period of not less than ten years; or (ii) he has previously held office as a judge, in any such court; or (c) to the office of Chief Justice or other judge , if he is of or above the age of sixty-five years. (3) If at any time the office of any judge of the Supreme Court is vacant or if any such judge is for any reason unable to perform his duties, the President may appoint to act temporarily in the place of such judge any person who qualifies for appointment under sub- sections (1) and (2), including any person who would so qualify but for his age. Provided that (a) the Minister of Justice may appoint any such person to act as a judge for a period not exceeding one month ; and (b) no person other than ' n person who complies with the provisions of sub-section (2)(a) shall be appointed to act as Chief Justice . (4) (a) The remuneration and other conditions of service including the retirement ages and retirement benefits of judges of the Supreme Court shall be determined by Parliament. (b) The remuneration of a judge shall not at any time be reduced while he continues in office . (5) (a) Save as provided in sub-section (6) every judge of the Supreme Court shall, before entering upon the duties of his office take and subscribe an oath substantially in the form prescribed in Schedule 8. (b) Such oath shall be taken before a judge of the Supreme Court_or, if a judge is not available , before a Justice of the Peace. (6) Any person holding office as Chief Justice or other judge of the High Court referred to in section 44(3 ) immediately prior to the commencement of this Act shall be deemed to have been appointed as Chief Justice or other judge of the Supreme Court of Transkei, as the case may be , in terms of sub-section (1 ) of this section and, if he has already taken an oath of office in such court, it shall not be necessary for him , before discharging any function under this Act, to make and subscribe the oath referred to in sub-section (5) .

Judge may not hold other office of profit without permission.

47. Unless authorized thereto by the President a judge of the Supreme Court shall not accept or hold any other office of profit or receive in respect of any service rendered by him any remuneration other than the 46

remuneration referred to in section 46(4) . 48. The Chief Justice or other judge of the Supreme Court shall not be removed from office except by the President but no judge shall be so removed except upon an address from the National Assembly praying for such removal on the grounds of misbehaviour or incapacity.

Removal of judge from office.

49.

( 1 ) Subject to the provisions of sub- section (2) the Chief Justice may make rules regulating the conduct of proceedings in the Supreme Court and prescribing any matter whatsoever which it is necessary to prescribe in order to ensure the proper despatch and conduct of the business of the court, including rules prescribing court fees , the fees payable for the service or execution of process and the fees chargeable by advocates, attorneys and notaries as well as rules relating to the taxation of bills of costs and the recovery of costs. (2) Any rules made by the Chief Justice under subsection ( 1 ) shall be subject to the approval of the President and any rules so approved shall be made known by notice in the Gazette. (3) The rules which immediately prior to the commencement of this Act applied in respect of the High Court referred to in section 44(3) shall , notwithstanding the provisions of section 74(1), apply mutatis mutandis in respect of the Supreme Court of Transkei and shall be deemed to have been duly made , approved and published in terms of this section.

Rules of court.

50.

The Chief Justice may by notice in the Gazette (a) divide Transkei into circuit districts and from time to time in like manner alter the boundaries of any circuit district; and (b) determine the times when and the places where the Supreme Court shall sit in such circuit districts for the hear of criminal cases.

Circuit Courts.

51.

(1) The administration of justice throughout the Republic of Transkei shall be under control of the Minister of Justice in whom shall also be vested , subject to the provisions of this section, all powers and authorities relating to the prosecution of offences. (2) There shall be appointed by the President, subject otherwise to the laws governing the public service , an Attorney-General who (a) shall have authority to prosecute in the name of the State any person charged with an offence before any court; (b) may perform any function which is necessary for or incidental to the exercise of such authority; and

47

Administration of Justice.

(3)

(4)

(5)

(6)

(c) shall have such other powers and competence as may be conferred upon him by or under any other law. The Attorney-General shall , in the exercise of his powers, authorities and functions be under the direction and control of the Minister of Justice who may set aside or vary any decision of the Attorney-General and himself, either generally or with reference to a particular matter, exercise or perform any power, authority or function of the Attorney- General. The Minister of Justice may, subject to the laws governing the public service , appoint one or more deputy Attorneys -General who , under the direction and control of the Attorney-General , may do anything that the Attorney-General may lawfully do. Whenever for any reason the Attorney- General is absent or unable to carry out the functions of his office or whenever the office of AttorneyGeneral becomes vacant, the President may appoint any deputy Attorney-General or, if none is available , any other qualified officer of the public service to act temporarily in the place of the Attorney- General . Any person who immediately prior to the commencement of this Act holds the office of Attorney-General or deputy Attorney-General in the districts comprising Transkei shall be deemed to have been appointed as AttorneyGeneral or Deputy Attorney-General of Transkei under this section.

Advocates and attorneys.

52.

(1 ) The laws regulating the admission of advocates and attorneys to practice before the Supreme Court of South Africa shall mutatis mutandis apply to the admission of advocates and attoneys to practice in the Supreme Court of Transkei . (2) All advocates and attorneys entitled immediately prior to the commencement of this Act to practise in the High Court referred to in section 44(3) shall be entitled , subject to the provisions of the aforesaid laws, to practise in the Supreme Court of Transkei.

Recognition and application of customary law.

53.

( 1) In all proceedings involving questions of tribal customs followed by persons in Transkei it shall be in the discretion of the court to decide such questions in accordance with the tribal law applying to such customs except in so far as the court may find that such law has been repealed or modified or is contrary to public policy or opposed to the principles of natural justice : Provided that no such finding shall be made by any court in respect of the custom providing for 48

54.

the payment of lobola or bogadi. (2) The court shall not, in the absence of any agreement between the parties regarding the system of law to be applied in any such proceedings , apply any system of customary law other than that (a) which is observed at the place in Transkei where the defendant or respondent resides , carries on business or is employed , or (b) if more than one system of customary law is in operation at that place , which is observed by the tribe to which the defendant or respondent belongs . (3) For the purposes of sub-section (1 ) a court, including the Supreme Court in applications , trials and appeals, may summon to its assistance in an advisory capacity such assessors as the court may deem necessary and the opinions of any such assessors shall be recorded and shall form part of the record of the proceedings . (1) Notwithstanding anything contained in section 74(1) but subject to the provisions of this Act (a) every court in existence in a district of Transkei immediately prior to the commencement of this Act, other than the court constituted under section 10 of the Bantu Administration Act, 1927 (Act 38 of 1927), shall remain in existence and in operation in accordance with its existing constitution and jurisdiction until altered or disestablished by or under any Act of Parliament; (b) the laws which immediately prior to the commencement of this Act applied to the High Court referred to in section 44(3 ) shall apply mutatis mutandis to the Supreme Court of Transkei ; Provided that any reference in any such laws to the "Minister of Bantu Administration and Development" and "Secretary for Bantu Administration and Development" shall be construed as a reference to the Minister of Justice and the Secretary for Justice respectively: (c) all proceedings pending immediately prior to the commencement of this Act (i) in any court constituted under section 10 of the Bantu Administration Act, 1927 and in the aforesaid High Court shall stand removed to the Magistrate's Court of the district and the Supreme Court of Transkei, respectively, which shall have jurisdiction to hear and determine the same ; (ii) in any court constituted or established under section 13 of the Bantu Administration Act, 1927 or section 10 of Bantu Administration Act, 1927 , Amendment

49

Provisions relating to existing courts .

Act, 1929 (Act 9 of 1929) shall be continued and concluded in every respect as if this Act had not been passed : Provided that any court established under the said section 10 of the Bantu Administration Act, 1927, Amendment Act, 1929 to which it may be made to appear that any proceedings pending therein may be more conveniently or fitly heard or determined in the Supreme Court of Transkei may order the same to be removed to the Supreme Court and thereupon the Supreme Court may continue with such proceedings in like manner as if they had been commenced therein: (d) all judgments and orders of the said High Court or any other court (other than the Supreme Court) referred to in paragraph (a) or (c) shall have the same force and effect as if they had been given or made by the Supreme Court of Transkei or, as the case may be the court of corresponding jurisdiction in the Republic of Transkei ; and (e) the Appellate Division of the Supreme Court of South Africa shall have jurisdiction to hear and determine appeals from any decision of the Supreme Court of Transkei as if such lastmentioned court were a provincial division of the Supreme Court of South Africa and the provisions of the law and rules of court applicable in connection with appeals from the decision of such a provincial division shall mutatis mutandis apply with reference to any appeal from a decision of the Supreme Court of Transkei . (2) For the purposes of sub-section (1 )( a ) of this section any appeal to a court of Bantu Affairs Commissioner or to a Bantu Affairs Commissioner in terms of section 12 or 20 of the Bantu Administration Act, 1927 shall lie to the magistrate's court or the corresponding judicial officer of such court in the district concerned, as the case may be , and any reference in the said section 12 and 20 to a "court of Bantu Affairs Commissioner" and a "Bantu Affairs Commisioner" shall be construed as a reference to a magistrate's court and to such judicial officer as aforesaid , respectively: Provided that, until an Act of Parliament otherwise provides, any regulations made under section 12 and 20 of the said Bantu Administration Act, 1927 shall apply mutatis mutandis in respect of any action taken under those sections in a magistrate's court or before a magistrate .

50

CHAPTER 7. FINANCE 55. All revenues and other monies received from any source whatsoever for the purposes of the administration of Transkei shall vest in the President. 56.

( 1 ) Notwithstanding the provisions of section 74(1) the Transkeian Revenue Fund established by section 51 of the Transkei Constitution Act, 1963 shall be continued and into such fund there shall be paid all the revenues raised or received by the President other than any monies that are payable by or under any law into a fund established for a specific purpose . (2) No monies shall be withdrawn from the Transkeian Revenue Fund except under appropriation made by an Act of Parliament.

Revenues vest in President.

Transkeian Revenue Fund .

CHAPTER 8. CITIZENSHIP. 57.

There shall become a citizen of Transkei (a) at the commencement of this Act (i) every person who, having been born in any district of the former Transkeian Territories or the former territory of the Transkei , is immediately prior to such commencement , a citizen of that territory : (ii) every person born outside the districts of the former Transkeian Territories or the former territory of the Transkei who is immediately prior to the commencement of this Act a citizen of that territory and whose father is , or but for his death would have been, a citizen of Transkei in terms of sub-paragraph (i); (iii) every other person who , immediately prior to such commencement , is a citizen of the former territory of the Transkei and has not lost or renounced such citizenship ; (b) with effect from the date of his birth every person born in Transkei on or after the date of commencement of this Act: Provided that no person shall become a citizen of Transkei , by virtue of the provisions of this paragraph, if at the time of his birth (i) his father was a person enjoying diplomatic immunity in Transkei under any law and was not a citizen of Trankei ; (ii) his father was a citizen of a country with which Transkei was at war and the birth 51

Persons who are citizens of Transkei

occurred at a place under occupation by the enemy and his mother was not a citizen of Transkei ; (iii) his father was a citizen of a country with which Transkei was at war, had no right of permanent residence in Transkei and was interned or detained in custody and his mother was not a citizen of Transkei : (iv) his father was a prohibited immigrant or had no right of permanent residence in Transkei and his mother was not a citizen of Transkei: (c) with effect from the date of his birth, every person born outside Transkei on or after the date of commencement of this Act whose father was at the time of the birth a citizen of Transkei : Provided that a person shall not become a citizen of Transkei by virtue of the provisions of this paragraph if at the time of his birth he becomes a citizen of any other country; (d) any person born outside Transkei on or after the date of commencement of this Act if in accordance with law (including customary law) he is adopted by or otherwise becomes the child of a citizen of Transkei and his birth is , within two years thereof or with the permission of the Minister of the Interior or other competent Minister at a later date , registered with a registering authority of the Government of Transkei .

Citizens of Transkei by registration .

58.

(1 ) Any person who (a) is not a minor,

(b) is a South African citizen , and (c) has been lawfully domiciled in a district mentioned in Schedule 1 for the period of five years immediately preceding that person's application for registration under this subsection, and (d) is not a prohibited immigrant , may, upon making application in such manner as may be prescribed by or under an Act of Parliament be registered as and become a citizen of Transkei. (2) Any person , who has been found , in the manner to be prescribed by or under an Act of Parliament , to be predominantly Xhosa - speaking or Sothospeaking and to be a member of or descended from , or ethnically, culturally or otherwise associated with, any tribe resident in a district of Transkei may apply for registration as and become a citizen of Transkei .

Provisions relating to other

59.

Provision may be made by Parliament (a) for the acquisition of citizenship by any

52

person who does not become , or is not eligible to be registered as, a citizen of Transkei under the foregoing provisions of this Chapter ; (b) for the renunciation by any person of his citizenship ; (c) for the deprivation or loss of citizenship ; and (d) prescribing the procedure in relation to the acquisition or loss of citizenship .

60.

CHAPTER 9. GENERAL. (1 ) Subject to the provisions of this Act (a) all laws which immediately prior to the commencement of this Act were in operation in any district of Transkei, and (b) all laws which, upon the addition of any land to Transkei , apply on or in respect of such land , shall continue in operation and continue to apply except in so far as such laws are superseded by any applicable law of Transkei or are amended or repealed by Parliament in terms of this Act: Provided that the laws mentioned in Schedule 9, together with any amendments thereof in operation immediately prior to the commencement of this Act, shall apply throughout Transkei or , as the case may be , to or in respect of all persons in Transkei : Provided further that, until otherwise provided by Parliament, the laws regulating the affairs of any Department of Posts and Telecommunications or any similar department established under section 18 (1) shall be deemed to have been amended to provide for the administration of that department as a department of State and not in accordance with the principles prescribed in the Post Office Readjustment Act, 1968 (Act 67 of 1968) . (2) All rights , powers, authorities, duties , obligations and functions which were vested in or devolved upon a Minister or other authority or person in the Republic of South Africa (including any authority or person in any provincial administration) by or under any law of the Republic of South Africa which continues to apply in Transkei in terms of sub- section (1) shall vest in or devolve upon the corresponding Minister, authority or person exercising similar powers or performing similar duties or functions in Transkei , and any regulation , rule, order, notice , approval , registration or authority made , given or granted and any other action taken under any such law by any Minister or other authority or person in the Republic of South Africa prior to the commencement of this Act shall in relation to the administration of

53

manner of acquisition, or loss, of citizenship of Transkei.

Application of laws and vesting of rights etc.

Transkei , be deemed to have been made , given , granted or taken by such corresponding Minister, authority or person in Transkei . (3) Any reference in any law which continues to apply in Transkei in terms of sub- section (1) to (a) the Cape Colony, the Cape Province, The Union of South Africa , the Union, the State , the Republic of South Africa or the Republic shall be construed as a reference to the Republic of Transkei ; (b) the Governor, the Crown, the King, the Queen, the Governor-General or the State President shall be construed as a reference to the Republic of Transkei or the President as the circumstances may require ; (c) the King- in- Council, the Queen-in-Council or the Governor-General-in-Council shall be construed as a reference to the President acting by and with the advice of the Executive Council ; (d ) the Legislative Assembly, Parliament, any House of Parliament or a member thereof shall be construed as a reference to the Parliament or the National Assembly established by this Act or to a member of the National Assembly; (e) the Supreme Court of South Africa or any judge thereof shall be construed as a reference to the Supreme Court of Transkei or any judge thereof; (f) to the district of Butterworth, Elliotdale , Flagstaff, Glen Grey, Kentani , Mount Ayliff, Mount Frere , Port St. Johns , St. Marks or Willowvale shall be construed respectively as a reference to the district of Gcuwa , Xhora, Siphaqeni , Cacadu , Centane , Maxesibeni , Kwabĥaca, Umzimvubu , Cofimvaba or Gatyana ; (g) Emigrant Tembuland shall be construed as a reference to Western Tembuland and as including a reference to the district of Cacadu ; (h) East Griqualand or Griqualand East shall be construed as including a reference to the district of Herschel ; (i) the Official Gazette or the Official Gazette of the Transkei or the Gazette, the Government Gazette of the Republic of South Africa or the Provincial Gazette shall be construed as a reference to the Government Gazette of the Republic of Transkei. (4) If any provision of sub-section ( 1 ) , (2 ) or (3) gives rise to administrative difficulty the President may by proclamation in the Gazette make such provision as he may deem necessary to remove such difficulty .

54

61. All Government land which at the commencement of this Act or at any time thereafter is reserved for occupation by the tribes or communities residing thereon shall -

Vesting and use of certain land .

(a) vest in the President subject to any existing charge or obligation on or over such land or otherwise lawfully affecting the same ; (b) continue to be used and administered for the settlement, support, benefit and material and moral welfare of such tribes or communities; and (c) not be alienated or in any way diverted from the purpose for which such land is reserved under the authority of an Act of Parliament . 62. Parliament shall not alter the boundaries of any regional authority area for any purpose other than the inclusion therein of land added to Transkei except with the consent of every regional authority affected thereby.

Regional boundaries.

63. Notwithstanding anything in this Act contained every municipality and other local authority in existence in any district of Transkei at the commencement of this Act, including every regional and tribal authority, shall continue in existence and in operation until disestablished or altered in accordance with law. Provided that the President may by proclamation in the Gazette make such provision as he may deem necessary for the representation on municipal or other councils of citizens of Transkei and other persons who are the owners or occupiers of immovable property within the areas of such councils.

Continuation of municipalities and other local authorities.

64.

(1 ) There shall be a public service commission which shall consist of a chairman and two other members appointed by the President. (2) Any person who immediately prior to the commencement of this Act holds the office of chairman or member of the public service commission established in terms of any law repealed by section 74(1) shall be deemed to have been appointed under sub-section ( 1 ) as chairman or other member of the public service commission established by that sub- section and shall continue in office for the period for which he would have held office if this Act had not been passed.

65.

( 1 ) All persons who immediately prior to the commencement of this Act are in the service of the Government of Transkei shall become public servants of the Republic. (2) Any person who becomes a servant of the Republic under sub- section (1 ) or who , on or after the date of commencement of this Act, is transferred from the service of any other government to the service of the Republic shall

55

Public Service Commission.

Public servants.

be entitled to retire from the service of the Republic at the time at which he would have been entitled to retire if he had not become a servant of the Republic .

Designation or appointment of chiefs. (As amended by Act 2 of 1977.)

66.

(1 ) Subject to the provisions of sub- section (2) the power(a) to designate or appoint any person as paramount chief, chief or sub-chief, whether in a permanent or in an acting capacity, or (b) to institute any paramount chieftainship in addition to the paramount chieftainships mentioned in Schedule 10, or (c) to institute any other chieftainship of whatever class or status , shall continue to vest in the regional authority concerned subject to the confirmation of such designation, appointment or institution by the President at his discretion . (2) The President (a) may refer back to a regional authority any designation or appointment made by such authority under sub-section (1) ; and (b) shall not confirm the institution of any new chieftainship of whatever class or status except upon the recommendation of the National Assembly. (3) The appointment in his office of every person who at the commencement of this Act is a paramount chief, chief or sub-chief (whether in a permanent or in an acting capacity) shall be deemed to have been confirmed by the President in terms of sub- section (1)

(4)

(a) Notwithstanding the preceding provisions of this section, a paramount chief or a chief who (i) is elected to the office of President under this Act, or (ii) accepts any office of profit in the service of the Republic , shall appoint a deputy to exercise in his place , while he continues to hold such office , the powers, authorities and functions of a paramount chief or a chief, as the case may be: Provided that no person shall be so appointed unless he qualifies to be elected as a member of the National Assembly . (b) The deputy of a paramount chief or a chief appointed under paragraph (a) shall for the purposes of this Act and any other law, be deemed to be an acting paramount chief or an acting chief, as the case may be .

(5)

A paramount chief or a chief, who is appointed as a Minister of State under section 18 shall have the right to appoint as a deputy, to assist him in the 56

discharge of the duties and functions of his chieftainship , any person who qualifies to be elected as a member of the National Assembly, and any person so appointed shall be paid such emoluments as the President may from time to time determine . 67.

(1) Subject to the provisions of sub-section (2) any claim against the Government, which would if that claim had arisen against a person be the ground of an action in any competent court, shall be cognizable by such court, whether the claim arises out of any contract lawfully entered into on behalf of the Government or out of any wrong committed by any servant of the Government acting in his capacity and within the scope of his authority as such servant.

Liability of the State in respect of acts of its servants.

(2) No proceedings of any nature shall be brought under sub-section (1) if a period of twelve months has elapsed from the date on which the cause of action arose and unless notice in writing of the intention to bring such proceedings and of the cause thereof has been given to every defendant at least one month before the commencement of the proceedings.

(3) In any proceedings instituted by virtue of the provisions of sub-section (1) the Minister of the department concerned may be cited as nominal defendant or respondent . (4) No execution , attachment or like process shall be issued against the nominal defendant or respondent in any proceedings under this section or against the property of the Government but the amount required to satisfy any judgment or order against such nominal defendant or respondent shall be paid from public funds.

(5) Nothing in this section contained shall affect any provision of any other law which (a) limits the liability of the Government or any department or other institution thereof in respect of any act or omission of its servants ; or (b) prescribes a different period within which a claim shall be made in respect of any such liability; or (c) imposes conditions on the institution of any proceedings. 68. All rights and obligations under conventions , treaties or other similar agreements which were binding on the Government of Transkei immediately prior to the commencement of this Act shall be rights and obligations of the Republic of Transkei . 57

Certain agreements binding on Republic .

69. Institution or continuation of legal proceedings.

Affirmation instead of Oath

Protection of dignity of holder of office of President.

(1 ) All criminal proceedings shall be instituted in the name of the Republic of Transkei and any criminal proceedings which have not been concluded before the commencement of this Act, or which although concluded may thereafter be reopened , shall be continued in all respects as if this Act had not been passed, save that such proceedings shall be continued in the name of the Republic of Transkei. (2) Any civil proceedings by or against any Minister as representing the Government of the selfgoverning territory of Transkei which have not been brought to finality before the commencement of this Act, or which having been concluded may thereafter be reopened , may be continued against that Minister but as representing the Government of the Republic of Transkei .

70. Any person who is required by any provision of this Act to make and subscribe an oath of office or any other oath may in lieu thereof make and subscribe a corresponding solemn affirmation. 71. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the President or any acting President shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or imprisonment for a period not exceeding two years.

Protection of certain emblems.

72.

(1) There shall be guilty of an offence any person who , without authority in writing signed on behalf of the President, uses in connection with his trade , business , profession or occupation or in connection with any mark or description applied by him to goods made produced or sold by him (a) the coat of arms of the Republic or anything so closely resembling the coat of arms of the Republic as to be likely to deceive ; (b) the style , title , name , portrait or effigy of the President or a Minister of State of the Republic ; or (c) a reproduction of the national flag of the Republic , of any official building of the Republic or of any official residence of the President, a Minister of State or the Chief Justice . (2) Any person who is convicted of a contravention of sub-section (1 ) shall be liable to a fine not exceeding five hundred rand and the court by which such person is convicted may in addition order the confiscation to the State of all or any part of any goods in respect of which the offence was committed .

58

73.

In this Act, unless the context otherwise indicated (i) "chief" means a person whose appointment as chief or acting chief has, or is deemed to have , been confirmed in terms of section 66 (1); "Chief Justice" means the Chief Justice of (ii) the Supreme Court appointed or deemed to have been appointed under section 46(1 ) and includes an acting Chief Justice ; "district of Transkei" means a district (iii) referred to in the second column of Schedule 1 ; "election" means any election of a (iv) member or members of the National Assembly; "electoral division" or "division" means (v) an electoral division referred to in section 23 ; "Executive Council" means the Executive (vi) Council constituted in terms of section 18 (2)(c); "father", in relation to an illegitimate (vii) child, means or includes the mother of the child ; "Gazette" means the Government Gazette (viii) of the Republic ; "Government" means the Government of (ix) Transkei ; "inferior court" means any court (other (x) than a chief's court) which is required to keep a record of its proceedings and includes a magistrate or other judicial officer holding a preparatory examination into an alleged offence ; (xi) "judge" means any judge of the Supreme Court appointed or deemed to have been appointed under section 46(1 ) and includes an acting judge ; (xii) "local authority" means a municipality and includes any other local institution of a similar nature in Transkei ; (xiii) "municipality" means any municipality in Transkei to which the provisions of the Municipal Ordinance , 1974 (Ordinance 20 of 1974) apply;

(xiv)

(xv)

(xvi)

"National Assembly" or "Assembly" means the National Assembly constituted under Chapter 5 : "paramount chief" means the holder of any paramount chieftainship referred to in Schedule 10 and includes any other person whose appointment as paramount chief is confirmed in terms of section 66 (1) after the commencement of this Act; and "any acting paramount chief." "President" means the person holding 59

Definitions. (As amended by Act 2 of 1977.)

office as President under Chapter 2 includes an Acting President ; (xvii) "regional authority" means any regional authority in Transkei constituted in accordance with law ; (xviii) "regional authority area" or "region" means a territory referred to in the first column of Schedule 1 but excluding any part of such territory administered by a local authority ; (xix)

" Republic " means the Republic of Transkei ; (xx) "Speaker" means the person elected as Speaker under section 32(1) and includes the Deputy-Speaker; "sub-chief" means any person whose (xxi) appointment as a sub-chief has, or is deemed to have , been confirmed in terms of section 66 (1); (xxii) "Supreme Court" means the Supreme Court of Transkei established by section 44(1) ; (xxiii) "territorial waters " means the territorial waters of the Republic of Transkei defined and determined in accordance with the provisions of the Territorial Waters Act, 1963 (Act 87 of 1963) including, within the meaning and for the purposes of the Territorial Waters Act, 1963 (Act 87 to 1963 ) including, within the meaning and for the purposes of that Act, the fishing zone and the continental shelf ; (xxiv) “tribal authority" means any tribal or community authority in Transkei constituted in accordance with law: (xxv) "Transkei " means the Republic of Transkei.

Repeal of laws and savings . (As amended by Act 2 of 1977.)

74.

( 1) The laws specified in Schedule 11 are hereby repealed to the extent set out in the third column of that Schedule . (2) Notwithstanding the provisions of sub- section (1 ) and until otherwise provided in an Act of Parliament (a) the provisions of Proclamations 110 of 1879, 112 of 1879, 215 of 1884, 140 of 1885, 174 of 1886, 201 of 1887 and 337 of 1894 shall continue to apply in the territories of Transkei in which they applied immediately prior to the commencement of this Act except in so far as such provisions relate to the annexation to the colony of the Cape of Good Hope of any of the said territories ; (b) the registration of voters for the purposes of this Act and the conduct of the elections of the elected members of the National Assembly shall continue to be governed by 60

Proclamation R.142 of 1963 ; (c) the powers and duties of the public service commission established by section 64(1 ) and the tenure of office of its members and the conditions of service , appointment, tenure of office , discipline , retirement and discharge of public servants of the Republic shall be as prescribed in Proclamation R.334 of 1963 ; (d) the provisions of Proclamation R.41 of 1970 shall continue to regulate the affairs of any local authority other than a municipality; (e) the provisions of section 59 of the Transkei Constitution Act, 1963 shall , subject to the provisions of section 61 of this Act, continue to apply in respect of the transfer to the Government of Transkei of the land or other public property referred to in the said section 59; and (f) the provisions of section 61(1) of the Transkei Constitution Act, 1963 shall remain in operation in relation to the officers and employees mentioned therein . (3) The funds appropriated by the Transkeian Legislative Assembly for the administration during the financial year ending on 31 March 1977 of the self-governing territory of the Transkei shall , in respect of payments to be made on or after 26 October 1976, be deemed to have been lawfully appropriated by Parliament for the administration of the Republic of Transkei . (4) Nothing in this Act contained shall be construed as affecting any assets, rights , debts or liabilities of the former territory of the Transkei , as existing immediately prior to the commencement of this Act, and such assets , rights , debts and liabilities shall become the assets, rights, debts and liabilities of the Republic of Transkei subject to the conditions under which they were acquired or incurred and without prejudice to any claim which any creditor of such former territory may have had against the Government thereof. (5) For the purposes of any law which, in terms of the first proviso to sub-section (1 ) of section 60, applies throughout Transkei (hereinafter referred to as the Transkeian law) anything done in pursuance of powers conferred on the competent authority by or by virtue of any provision of law repealed by sub-section ( 1) of this section shall be deemed to have been done in pursuance of powers conferred on such authority by or by virtue of the corresponding provision of the Transkeian law. 61

Amendment of Act.

75. Parliament may provision of this Act.

Short title and date of commencement

76. This Act shall be called the Republic of Transkei Constitution Act, 1976 and shall come into operation on 26 October 1976.

by

law

repeal

or

alter

any

SCHEDULE 1 . TERRITORIES AND DISTRICTS COMPRISING TRANSKEI AND NUMBER OF CHIEFS IN NATIONAL ASSEMBLY.

Territory

KWABHACA QUMBU TSOLO

Mount Frere

Fingoland

GCUWA NQAMAKWE TSOMO

Butterworth

Gcalekaland

CENTANE GATYANA IDUTYWA XHORA

4

Willowvale Elliotdale

1 1 1

1121

1 2 1 653

HERSCHEL MATATIELE MOUNT FLETCHER

4 3

111

Maluti

3

242

Emboland

BIZANA MAXESIBENI Mount Ayliff LUSIKISIKI SIPHAQENI Flagstaff TABANKULU -

31433

Eastern Pondoland

No. of chiefs in district District qualifying for Previous Name membership Name of Assembly

5 3 -

Tembuland

ENGCOBO MQANDULI UMTATA

331

Umzimkulu

UMZIMKULU -

4

Western Pondoland

LIBODE NGOQELENI UMZIMVUBU Port St. Johns

121

Western

COFIMVABA

3

62

3 6

St. Marks

1 2 1

CACADU XALANGA

32

Tembuland

Glen Grey

32

SCHEDULE 2. OATH

OF

OFFICE

OF PRESIDENT PRESIDENT.

OR

ACTING

"In the presence of Almighty God , Who knows all and sees alle all I .......... about to assume office as President/Acting President do swear that I will render faithful service in all things to the Republic of Transkei and obey, uphold and maintain its Constitution and Laws. I pledge myself to carry out the duties of my high office to the best of my knowledge and ability and without regard to the interests of myself or those pertaining to me. I solemnly promise to execute Law and Justice , with Mercy, in all my dealings, to follow after those things which may promote the unity and well-being of all my peoples and to withstand all that may be to their hurt. All these things which I have now promised before God , I will perform and keep . So help me God". SCHEDULE 3. COAT OF ARMS OF REPUBLIC OF TRANSKEI. DESCRIPTION. COAT OF ARMS : Per chevron Ochre and Vert, a chevron dovetailed between in chief dexter a mealiehead and sinister a cogwheel Argent and in base a bull's head caboshed proper. WREATH. Argent and Vert. CREST. On a mount Vert a wicker basket between two aloes proper. SUPPORTERS: Two leopards proper. MOTTO : “IMBUMBA YAMANYAMA ”. SCHEDULE 4. OFFICIAL VERSION OF "NKOSI SIKELEL'IAFRIKA” . Nkosi , sikelel 'iAfrika Maluphakam'uphondo lwayo Yiva nemithandazo yethu Usisikelele CHORUS :

Yihla Moya, yihla Moya Yihla Moya Öyingcwele Usisikelele thina lusapo lwayo .

63

SCHEDULE 5. ᏢᎪᎡᎢ 1 . OATH OF OFFICE OF MINISTER. "I do hereby swear to be faithful to the Republic of Transkei , to uphold its Constitution , to respect and obey its laws , to be a true and faithful Minister and Counsellor, to hold the office entrusted to me with honour and dignity, to perform the duties of my office diligently and conscientiously and without regard to my own advantage or benefit, and to keep secret any matters brought before the Executive Council which are entrusted to me under secrecy. So help me God".

ᏢᎪᎡᎢ 2 . OATH OF OFFICE OF DEPUTY-MINISTER. "I .......... do hereby swear to be faithful to the Republic of Transkei , to uphold its Constitution, to respect and obey its laws , to hold my office as deputy-Minister with honour and dignity, to perform the duties of my office diligently and conscientiously and without regard to my own advantage or benefit, and to keep secret any matter entrusted to me under secrecy. So help me God".

SCHEDULE 6 .

OATH: MEMBER OF NATIONAL ASSEMBLY. "I do swear to respect and uphold the Constitution of Transkei and all other applicable laws and I solemnly promise to perform my duties as a member of the National Assembly with dignity and to the best of my ability. So help me God".

SCHEDULE 7. DESIGN OF TRANSKEI .

SEAL

OF

SUPREME

COURT

OF

The Seal of the Supreme Court of Transkei shall be in the form of a circle in which shall appear the coat-of64

arms of the Republic of Transkei encompassed by a wider circle containing the words "INKUNDLA EPHAKAMILEYO YETRANSKEI".

SCHEDULE 8. OATH OF OFFICE OF JUDGE OF THE SUPREME COURT OF TRANSKEI .

“T do hereby swear that, in the discharge of my office as judge of the Supreme Court of Transkei I will administer justice to all persons without fear, favour or prejudice and in accordance with the laws and customs of the Republic of Transkei . So help me God".

LAWS

SCHEDULE 9. REFERRED TO IN FIRST SECTION 60 ( 1 ).

No. and Year of Law Act 24 of 1886 Act 41 of 1898 Act 25 of 1961 Act 63 of 1963 Act 80 of 1963

Act 81 of 1963 Act 3

of 1964

Act 4 Act 5 Act 6

of 1965 of 1965 of 1965

Act Act Act Act Act Act Act

of of of of of of of

42 50 66 71 79 5 8

Act 9

1965 1965 1965 1965 1965 1966 1966

of 1966

Act 9 of 1966 Act 10 of 1966

Act 11 of 1966 Act 13 of 1966 Act 4 of 1967

PROVISO

TO

Title.

The Native Territories Penal Code , 1886 The Transkeian Territories Penal Code Amendment Act, 1898 Marriage Act, 1961 Water Amendment Act, 1963 Reciprocal Enforcement of Maintenance Orders Act, 1963 Births, Marriages and Deaths Registration Act, 1963 Transkeian Development and Reserve Fund Act, 1964 Transkei Authorities Act, 1965 Transkei Roads Act, 1965 Transkei Animal Husbandry Improvement Account Act, 1965 Arbitration Act, 1965 Children's Amendment Act, 1965 Administration of Estates Act, 1965 Water Amendment Act, 1965 National Welfare Act, 1965 Transkeian Police Act, 1966 Transkei Co -operative Societies Amendment Act, 1966 Reciprocal Enforcement of Civil Judgments Act, 1966 Transkei Education Act, 1966 Transkei Agricultural Development Act, 1966 Water Amendment Act, 1966 Matrimonial Affairs Amendment Act, 1966 Transkei Labour Laws Amendment Act, 1967 65

No. and Year of Law

Act 5 of 1967 Act 7 of 1967 Act 18 of 1967 Act 19 of 1967 Act 79 of 1967 Act 87 of 1967 Act 2

of 1968

Act 3

of 1968

Act Act Act Act

of of of of

71 6 8 9

1968 1969 1969 1969

Act 51 of 1969 Act 77 of 1969 Act 3 of 1970 Act 4

of 1970

Act 39 of 1970 Act 46 of 1970 Act 3

of 1971

Act 4

of 1971

Act Act Act Act

of of of of

6 54 72 5

1971 1971 1971 1972

Act 6

of 1972

Act Act Act Act

7 57 2 9

of of of of

1972 1972 1973 1973

Act Act Act Act Act Act Act Act

61 74 4 6 10 28 42 52

of of of of of of of of

1973 1973 1974 1974 1974 1974 1974 1974

Act 53 of 1974

Title

Transkei Road Traffic Act, 1967 Transkei Liquor Act, 1967 Animal Diseases and Parasites Amendment Act, 1967 Maintenance Amendment Act, 1967 Water Amendment Act, 1967 Animal Slaughter, Meat and Animal Products Hygiene Act, 1967 Transkeian General Law Amendment Act, 1968 Transkeian Artificial Insemination of Animals Act, 1968 Dangerous Weapons Act, 1968 Transkei Forest Act, 1969 Transkei Taxation Act, 1969 Transkeian Townships Amendment Act, 1969 Animal Diseases and Parasites Amendment Act, 1969 Water Amendment Act, 1969 Transkeian Immovable Property Taxation Act, 1970 Transkeian Government Service Pensions Act, 1970 Maintenance Amendment Act, 1970 Animal Diseases and Parasites Amendment Act, 1970 Transkeian Customary Unions ' Registration Act, 1971 Transkeian General Law Amendment Act , 1971 Transkeian Nature Conservation Act, 1971 National Roads Act, 1971 Sale of Land on Instalments Act, 1971 Transkeian General Law Amendment Act, 1972 Transkeian Motor Carrier Transportation Act, 1972 Animals Protection Amendment Act, 1972 Age of Majority Act, 1972 Transkeian Legal Aid Act, 1973 Animal Diseases and Parasites Amendment Act, 1973 Companies Act, 1973 Children's Amendment Act, 1973 Transkeian Marketing Act, 1974 Transkeian Prisons Act, 1974 Transkeian Apprenticeship Act, 1974 International Health Regulations Act, 1974 Publications Act, 1974 Homeopaths , Naturopaths , Osteopaths and Herbalists Act, 1974 Pharmacy Act, 1974

66

No. and Year of Law Act 56 of 1974

Act 58 of 1974 Act 65 of 1974 Act 76 of 1974 Act 8 of 1975 Act Act Act Act Act

18 33 41 42 53

of of of of of

1975 1975 1975 1975 1975

Act 55 of 1975 Act 63 of 1975 Act 7 of 1976

Title

Medical , Dental and Supplementary Health Service Professions Act, 1974 Water Amendment Act, 1974 Drugs Control Amendment Act, 1974 Companies Amendment Act, 1974 Transkeian General Law Amendment Act, 1975 Architects Amendment Act, 1975 Criminal Procedure Amendment Act, 1975 Law Societies Act, 1975 Water Amendment Act, 1975 Public Accountants and Auditors Amendment Act, 1975 Prescribed Rate of Interest Act, 1975

Expropriation Act, 1975 Transkeian Deeds Registry Amendment Act, 1976 Act 10 of 1976 Transkeian Corporations Act, 1976 Act 13 of 1976 Transkeian Deeds Registry Further Amendment Act, 1976 Act 14 of 1976 Transkeian Surveyor-General Act, 1976 Act 16 of 1976 Hazardous Substances Amendment Act, 1976 Act 17 of 1976 Dental Mechanicians Amendment Act, 1976 Act 19 of 1976 Medicines and Related Substances Control Amendment Act, 1976 Act 20 of 1976 Chiropractors Amendment Act, 1976 Act 27 of 1976 Water Amendment Act, 1976 Act 43 of 1976 Children's Amendment Act, 1976 Act 48 of 1976 Mental Health Amendment Act, 1976 Act 53 of 1976 Plant Improvement Act, 1976 SCHEDULE 10. PARAMOUNT CHIEFTAINSHIPS 1.

The paramount chieftainship of Eastern Pondoland .

2. 3. 4.

The paramount chieftainship of Gcalekaland . The paramount chieftainship of Tembuland . The paramount chieftainship of Western Pondoland .

5.

The paramount chieftainship of Western Tembuland . SCHEDULE 11 . LAWS REPEALED .

No. and Year of Law

Act

38 of 1887

Act

35 of 1884

Act

3 of 1885

Act

37 of 1886

Title Transkeian Annexation Act 1877 .... Walfish Bay and St. Johns River Territories Annexation Act, 1884.... Tembuland Annexation Act, 1885 . Xesibe Country Annexation Act, 1886 .............

67

Extent of Repeal

The whole

The Whole The whole The whole

No. and Year of Law Act 45 of 1887

Act

5 of 1894

Act

29 of 1897

Act

24 of 1913

Act 44 of 1926 Act

38 of 1927

Act

9 of 1929

Act

45 of 1931

Act 17 of 1938 Act 46 of 1944 Act 46 of 1946 Act Act

57 of 1946 50 of 1948

Act Act

68 of 1951 55 of 1952

Act Act

45 of 1953 49 of 1953

Act

62 of 1955

Act

8 of 1957

Act

68 of 1957

Act 81 of 1957 Act 30 of 1958 Act Act

37 of 1958 46 of 1959

Act Act

55 of 1959 10 of 1960

Act

32 of 1961

Act Act

76 of 1961 81 of 1961

Act

28 of 1962

Act 46 of 1962 Act

65 of 1962

Title Rode Valley Annexation Act, 1887 .... Pondoland Annexation Act, 1894 ........... Transkeian Territories, Tembuland and Pondoland Laws Act, 1897 ..... Administration of Estates Act, 1913 .... Financial Adjustments Act, 1926 ...... Bantu Administration Act, 1927 ...

Extent of Repeal

The whole The whole

The whole The whole Section 3 Sections 1,2(1), (2) (3), (5), (6), (8) bis and (8) ter, 9, 10 , 11 , 13 , 14, 15, 16, 17, 18, 19, 25, 26 and 31

Bantu Administration Act, 1927, Section 10 Amendment Act, 1929 .... Financial Adjustments Act, 1931 ....... Section 4 Sections 20 and 21 Finance Act, 1938 . Section 18 Finance Act, 1944 . Consolidation Electoral Act, 1946 ......... The whole Section 19 Finance Act, 1946 Electoral Law Amendment Act, 1948.......... The whole Bantu Authorities Act 1951 The whole Electoral Law Amendment Act, 1952 .......... The whole Finance Act, 1953 Section 12 of Reservation Separate The whole Amenities Act, 1953 .. General Law Amendment Act, ...Sections 8 to 12 inclusive 1955 .... and the First Schedule Electoral Laws Further AmendThe whole ment Act, 1957 ........ General Law Amendment Act, .Sections 15 to 21 inclusive 1957 . Section 8 Finance Act, 1957 ..... Electoral Laws Amendment Act, 1958 ....... The whole Section 10 Finance Act, 1958 Promotion of Bantu SelfThe whole government Act, 1959... The whole Bantu Affairs Act, 1959 .. Separate of Reservation Act, Amenities Amendment 1960 ........ The whole Republic of South Africa ConThe whole stitution Act, 1961 ...... Section 5 Finance Act, 1961 Electoral laws Amendment Act, 1961 ...... The whole Provincial Executive CommitThe whole tees Act, 1962 . Bantu Laws Amendment Act, 1962 ....... Section 13 Constitution Amendment Act, 1962 ... The whole

68

No. and Year of Law

Act

72 of 1962

Act

93 of 1962

Act

9 of 1963

Act

22 of 1963

Act

47 of 1963

Act

48 of 1963

Act

64 of 1963

Act

76 of 1963

Act

93 of 1963

Act 42 of 1964 Act 49 of 1964 Act

51 of 1964

Act

83 of 1965

Act

84 of 1965

Act 102 of 1965 Act 1 of 1966 Act 29 of 1966

Act 36 of 1966 Act 37 of 1966 Act 58 of 1966 Act 63 of 1966 Act

9 of 1967

Act 101 of 1967 Act

2 of 1968

Act

36 of 1968

Act

50 of 1968

Act 51 of 1968 Act

52 of 1968

Act

56 of 1968

Act

3 of 1969

Title

Extent of Repeal

Electoral Laws Amendment Act, The whole 1962 ..... General Law Further Amend.Sections 6 to 12 inclusive ment Act , 1962 t tution dmen Act, Amen Consti The whole 1963... Provincial Councils and ExecuThe whole tive Committees Act, 1963 .... Coloured Persons Education Act, Section 37 1963 ..... Act, Constitution Transkeian The whole 1963 .. Provincial Executive CommitThe whole tees Act, 1963 .... Bantu Laws Amendment Act, Sections 13 and 14 1963 ... General Law Further AmendSection 1 ment Act , 1963 ..... Bantu Laws Amendment Act, Sections 77, 78 and 79 1964.. Coloured Persons Representa The whole tive Council Act, 1964....... Electoral Laws Amendment Act, The whole 1964 ........... t dmen Act, Amen Constitution The whole 1965 ...... Electoral Laws Amendment Act, The whole 1965 .......... Pensions Laws Amendment Act, Section 18 1965 .... The whole Transkeian Flag Act, 1966 .... Electoral Laws Amendment Act The whole 1966 ........... The whole Group Areas Act, 1966 Constitution Amendment Act, The whole 1966... Sections 18 and 19 Second Finance Act, 1966 . Bantu Laws Amendment Act, Section 6 1966..... Constitution Amendment Act, The whole 1967 ......... Transkeian Constitution AmendThe whole ment Act, 1967 .. Electoral Laws Amendment Act, The whole 1968 ........... Transkei Constitution AmendThe whole ment Act, 1968 Separate Representation of VoThe whole ters Amendment Act , 1968 ............. Prohibition of Political interferThe whole ence Act , 1968 ......... Coloured Persons Representative Council Amendment Act, The whole 1968 .... Bantu Laws Amendment Act, Sections 5 , 6 and 7 1968..... Transkeian (Regional Authority) The whole Courts Act, 1969..

69

No. and Year of Law

Act

37 of 1969

Act

69 of 1969

Act

99 of 1969

Act 101 of 1969 Act

12 of 1970

Act

26 of 1970

Act

27 of 1970

Act 49 of 1970 Act

58 of 1970

Act

87 of 1970

Act

1 of 1971

Act

21 of 1971

Act 31 of 1971 Act

64 of 1971

Act

93 of 1971

Act 4 of 1972 Act 23 of 1972 Act

38 of 1972

Act Act

61 of 1972 83 of 1972

Act

99 of 1972

Act 102 of 1972 Act

7 of 1973

Act

62 of 1973

Act

79 of 1973

Act

1 of 1974

Act

33 of 1974

Act 48 of 1974

Title

Extent of Repeal

Powers and Privileges of Provincial Councils Amendment Act, 1969 ..... The whole Group Areas Amendment Act, 1969 ..... The whole Electoral Laws Amendment Act, 1969 ........... The whole General Law Amendment Act, 1969 ......... Section 20, 23 and 24 Electoral Laws Amendment Act, 1970.. The whole Bantu Homelands Citizenship The whole Act, 1970........... Second Bantu Laws Amendment Sections 4, 5 , 6, 7 , 8, and 9 Act, 1970............ Third Bantu Laws Amendment Act, 1970............... Sections 2, 3 and 12 Births, Marriages and Deaths Registration Amendment Act, 1970. Sections 47 and 48 Coloured Persons Representative Council Amendment Act, The whole 1970.. Constitution Amendment Act, 1971 . The whole Bantu Homelands Constitution The whole Act, 1971 ......... Transkei Constitution AmendThe whole ment Act, 1971 Electoral Laws Amendment Act, The whole 1971 ......... Pension Laws Amendment Act, 1971 .............. Section 1 The whole Transkeian Marriages Act, 1972 Bantu Laws Amendment Act, 1972 .......... Sections 5, 6 and 7 Sea-Shore Amendment Act, 1972 .. Section 5 Sections 3, 4 and 5 Provincial Affairs Act, 1972........... Group Areas Amendment Act, 1972. The whole Coloured Persons Representative Council Amendment Act, 1972 ..... The whole General Law Amendment Act, 1972 .... Bantu Laws Amendment Act, 1973 .... General Law Amendment Act, 1973 ......... and Elections Constitution Amendment Act, 1973 ...... Electoral Laws Amendment Act, 1974 ...... Parliamentary Service Act 1974 .......... Constitution Amendment Act 1974 ... 70

Sections 20 and 22 Sections 7, 8 and 9 Sections 4, 30 and 50 The whole The whole The whole The whole

No. and Year of Law Act

70 of 1974

Act

71 of 1974

Act

72 of 1974

Act

77 of 1974

Act

94 of 1974

Act

3 of 1975

Act

32 of 1975

Act

61 of 1975

Act

3 of 1976

Act

29 of 1976

Act

60 of 1976

Act

94 of 1976

Act

95 of 1976

Act

98 of 1976

Title Bantu Laws 1974 ...........

Amendment

Extent of Repeal Act, Sections 9, 10, 12, 13, 14, 18, 19, 20, 21 , 22, 23 and 24

Second Bantu Laws Amendment Sections 2, 7, 8, 9, and 10 Act, 1974........... Group Areas Amendment Act, The whole 1974.... Second Pension Laws AmendSection 1 ment Act, 1974 .... Second General Law AmendSections 40, 41 and 42 ment Act, 1974 ......... Transkeian Administration of The whole Estates Amendment Act, 1975....... Coloured Persons Representative Council Amendment Act, 1975 ..... The whole Transkei Constitution AmendThe whole ment Act, 1975 ..... Transkei Constitution AmendThe whole ment Act, 1976 ..... Education Coloured Persons The whole Amendment Act, 1976 .. Constitution Amendment Act, The whole 1976 ........ Coloured Persons Representative Council Amendment Act, The whole 1976 ....... Second Coloured Persons EducaThe whole tion Amendment Act, 1976 ............. Electoral Laws Amendment Act, The whole 1976.............

Road Traffic Ordinance , Ordinance 21 of 1966 1966 .... Ordinance 20 of 1967 Road Traffic Amendment Ordinance, 1967 . Ordinance 24 of 1967 Road Traffic (Motor Vehicle Licence Fees) Amendment Ordinance , 1967 ..... Ordinance 27 of 1968 Road Traffic Amendment Ordinance , 1968 ..... Ordinance 7 of 1969 Road Traffic Amendment Ordinance , 1969 . Ordinance 33 of 1970 Road Traffic Amendment Ordinance , 1970 ...... Ordinance 17 of 1971 Road Traffic Amendment Ordinance , 1971 . Ordinance 18 of 1971 Road Traffic Second Amendment Ordinance , 1971 ....... Ordinance 12 of 1973 Road Traffic Amendment Ordinance, 1973 ...... Ordinance 4 of 1975 Road Traffic Amendment Ordinance , 1975 . Ordinance 13 of 1975 Road Traffic Second Amendment Ordinance , 1975 ....... Proclamation 299 of 1928 Proclamation 272 of 1951 Proclamation R.177 of 1962 Proclamation R.97 of 1964 Proclamation R.336 of 1965

71

The whole The whole

The whole

The whole The whole The whole

The whole The whole The whole The whole

The The The The The The

whole whole whole whole whole whole

No. and Year of Law Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation Proclamation

Title

Extent of Repeal

R.76 of 1966 R.338 of 1966 130 of 1967 R.149 of 1967 R.54 of 1970 R.133 of 1970 R.147 of 1970 R.123 of 1971 R.259 of 1972 R.116 of 1975 R.257 of 1975 R.258 of 1975 R.179 of 1976 R.195 of 1976

The The The The The The The The The The The The The The

72

whole whole whole whole whole whole whole whole whole whole whole whole whole whole

HOOVER INSTITUTION To avoid fine, this book should be returned on or before the date last stamped below

FOR USE IN LIBRARY ONLY

JQ2099 T7T65

JQ 2099 .T7 T65 Standing rules of proceAJP9771 Hoover Institution Library

3 6105 081

125 150