text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 15

Definitions

233. (1) In this Constitution, unless the context otherwise indicates—

“Chief Justice” means the Chief Justice of the Supreme Court of South Africa referred to in section 97(1); “Commission on Provincial Government” means the Commission established by section 163; “Financial and Fiscal Commission” means the Commission established by section 198; “House”, in relation to Parliament, means the National Assembly or the Senate; “Independent Electoral Commission” means the Commission established by section 4 of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993); “South African National Defence Force” means the Defence Force established by section 224(1);

“National Revenue Fund” means the Revenue Fund established by section 185; “new constitutional text” means the text of a new Constitution contemplated in Chapter 5; “organ of state” includes any statutory body or functionary; “previous Constitution” means the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983); “Provincial Revenue Fund” means the Revenue Fund of a province established by section 159(1); “Public Service Commission” means the Commission established by section 209; “Republic” means the Republic of South Africa referred to in section 1; “Transitional Executive Council” means the Council established by section 2 of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993).

(2) A reference in this Constitution to rules and orders shall according to the context be construed as a reference to the rules and orders of the National Assembly or the Senate, or the joint rules and orders of the National Assembly and the Senate, or the rules and orders of the Constitutional Assembly, or the rules and orders of a provincial legislature.

(3) Where in this Constitution any functionary is required to take a decision in consultation with another functionary, such decision shall require the concurrence of such other functionary: Provided that if such other functionary is a body of persons it shall express its concurrence in accordance with its own decision-making procedures.

(4) Where in this Constitution any functionary is required to take a decision after consultation with another functionary, such decision shall be taken in good faith after consulting and giving serious consideration to the views of such other functionary.

Transitional arrangements: Public administration

236. (1) A public service, department of state (including a police force), administration, military force as defined in section 224(2)(a) or (b) or other institution (excluding any local government) which immediately before the commencement of this Constitution performed governmental functions under the control of an authority referred to in section 235(1)(a), (b) or (c), shall, subject to subsection (7), continue to function as such in accordance with the laws applicable to it until it is, as the case may be, abolished or incorporated or integrated into any appropriate institution or is rationalised as contemplated in any other Chapter, consolidated with any other institution or otherwise rationalised as contemplated in section 237, as the case may be: Provided that a military force referred to in this subsection shall not be employed for service referred to in section 227(1)(a), (b) or (e) otherwise than by the President and shall only be used for such service by the authority referred to in section 225 in accordance with section 227(2).

(2) A person who immediately before the commencement of this Constitution was employed by an institution referred to in subsection (1) shall continue in such employment subject to and in accordance with this Constitution and other applicable laws regulating such employment.

(3) Subject to subsections (1) and (2), all powers, directions, orders, instructions or delegations which were in force in respect of an institution which immediately before the commencement of this Constitution performed governmental functions as contemplated in subsection (1) shall, after the said commencement, continue in force for the purpose of the continued functioning within the contemplation of subsection (1) of any such institution, until cancelled or otherwise no longer in force in law.

(4) Subject to this Constitution and subsection (5), the terms and conditions of employment applicable to a person employed by an institution referred to in subsection (1) immediately before the commencement of this Constitution, shall continue to apply to him or her until amended by or under any law, including any law enacted in order to establish uniformity of the terms and conditions of employment in accordance with those generally prevailing at such commencement.

(5) Subject to any law relating to unfitness or incapacity of a person to carry out his or her duties efficiently, the pensionable salary or pensionable salary scale of a person referred to in subsection (2) shall not be reduced below that applicable to such person immediately before the commencement of this Constitution.

(6) Notwithstanding the provisions of this section, the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 April 1993 and 30 September 1994 in respect of any person employed at any time during the said period by an institution referred to in subsection (1), or any class of such persons, may, at the instance of a Minister or a member of the Executive Council of a province, within one year and three months of the commencement of this Constitution be referred to a commission appointed by the President and presided over by a judge, for review, and if not proper or justifiable in the circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award before 31 December 1995.

(7) (a) At the commencement of this Constitution the South African Police existing in terms of the Police Act, 1958 (Act No. 7 of 1958), and all other police forces established by law shall be deemed to constitute the South African Police Service referred to in section 214, and any reference to the South African Police or any such force in the said Act or law shall be deemed to be a reference to the said Service.

(b) Any reference in any law to the South African Police or any other police force (excluding a municipal police service) shall, unless the context indicates otherwise, be construed as a reference to the said South African Police Service.

(8) (a) The South African National Defence Force referred to in section 224 shall, subject to this Constitution and any Act of Parliament, mutatis mutandis be governed by the Defence Act, 1957 (Act No. 44 of 1957).

(b) Any reference in any law to a defence force referred to in section 224(2)(a) or (b), shall be deemed to be a reference to the South African National Defence Force.

(c) If the number of the members of the South African National Defence Force exceeds the personnel strength determined in respect of the force design and structure for the Force, any member of the Force who, due to integration, consolidation and rationalisation of the South African National Defence Force is not accommodated in such force design and structure, shall be dealt with in accordance with a law.

(d) The continuance of membership of members of the South African National Defence Force referred to in section 224(2)(c) shall be subject to such members entering into an agreement for temporary or permanent appointment with the South African National Defence Force within a reasonable time: Provided that such agreements shall be in accordance with normal employment policies and terms and conditions of service.

Rationalisation of public administration

237. (1) (a) All institutions referred to in section 236(1), excluding military forces referred to in section 224(2), shall as soon as is possible after the commencement of this Constitution be rationalised with a view to establishing within the public service contemplated in section 212(1)—

an effective administration at the national level of government to deal with matters within the jurisdiction of the national government referred to in section 235(5)(a); and an effective administration for each province to deal with matters within the jurisdiction of each provincial government referred to in section 235(5)(b).

(b) All military forces referred to in section 224(2) shall be rationalised for the purposes of the South African National Defence Force.

(2) (a) The responsibility for the rationalisation of—

institutions referred to in section 236(1), excluding military forces, shall primarily but not exclusively rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments and the Commission on Provincial Government, and with due regard to the advice of the Public Service Commission: Provided that in the case of policing services, the national government shall exercise such responsibility in co-operation with the committee referred to in section 220(1) and the Board of Commissioners referred to in section 220(2); and military forces shall rest with the national government.

(aA) In anticipation of the adoption of the Act of Parliament contemplated in section 214—

the National Commissioner and Provincial Commissioners of the South African Police Service contemplated in section 214(2)(a) may be appointed; a meeting of the National Commissioner and the Provincial Commissioners or their nominees shall be deemed to be a meeting of the Board of Commissioners contemplated in section 220(2) and any decision taken at such a meeting shall be deemed to be a decision of the Board; the existing police forces, deemed in terms of section 236(7) to constitute the South African Police Service contemplated in section 214, may be rationalised in accordance with this section; and proclamations to regulate such rationalisation may be issued in terms of subsection (3).

(b) Subject to section 235(6), (7), (8) and (9), the responsibility for the internal rationalisation of an administration referred to in subsection (1)(a)(ii) shall primarily rest with the relevant provincial government, with due regard to the advice of the Public Service Commission and any relevant provincial service commission: Provided that the rationalisation of all police forces shall be dealt with in accordance with paragraph (a)(i).

(3) (a) The President may, subject to subsection (2) (a), by proclamation in the Gazette take such steps as he or she considers necessary in order to achieve the aim mentioned in subsection (1).

(b) Without derogating from the generality of paragraph (a), the steps referred to in that paragraph may include—

the amendment, repeal or replacement of any law regulating the establishment, functions and other matters relating to an institution referred to in section 236(1), or of any law referred to in section 236(2), or of any law which deals with any of the aforegoing matters in a consequential manner: Provided that if a law referred to in section 236(2) is repealed, provision shall be made for the application of any law of general application regulating the employment of persons or any class of persons in the employment of the state, to the persons or class of persons affected by such repeal; and measures relating to the transfer or secondment of personnel, or the allocation of property, funds, rights and obligations, including administrative records, in order to establish the administrations referred to in subsection (2) and rationalise the South African Police Service and the South African National Defence Force.

(c) A copy of a proclamation under paragraph (a), shall be submitted to Parliament within 14 days after the publication thereof.

(d) If Parliament disapproves of any such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.

(4) (a) The labour appeal court established by section 17A of the Labour Relations Act, 1956 (Act No. 28 of 1956), sitting as a special tribunal in terms of an Act to be passed by Parliament, shall be competent to determine any claim or dispute of right in terms of a law regulating as at 1 November 1993 employment in an institution referred to in section 236(1) and arising out of the implementation of this section and section 236.

(b) The Act of Parliament contemplated in paragraph (a) shall prescribe expeditious procedures for the adjudication of claims and disputes contemplated in this section, including the granting of interim and final relief.

(c) Notwithstanding the provisions of any law the procedures contemplated in paragraph (b) shall be the only procedures to be followed in such court.

(d) A decision of the court on any such claim or dispute shall be final and binding.

(e) This subsection and the Act of Parliament contemplated in paragraph (a) shall lapse—

in respect of the South African National Defence Force, on 31 December 1998; and

in respect of any other institution, two years from the commencement of this Constitution,

save that any matter properly before the court referred to in paragraph (a) on the dates contemplated in subparagraphs (i) and (ii), respectively, shall be heard and determined as if this subsection and the said Act had not lapsed.

Transitional arrangements: Assets and liabilities

239. (1) All assets, including funds and administrative records, which immediately before the commencement of this Constitution vested in an authority referred to in section 235(1)(a), (b) or (c), or in a government, administration or force under the control of such an authority, shall be allocated as follows:

Where any asset is applied or intended to be applied for or in connection with a matter which—

does not fall within a functional area specified in Schedule 6; or does fall within such a functional area but is a matter referred to in paragraphs (a) to (e) of section 126(3) (which shall be deemed to include a police asset),

such asset shall vest in the national government. Where any asset is applied or intended to be applied for or in connection with a matter which is not a matter referred to in paragraphs (a) to (e) of section 126(3), such asset shall, subject to paragraph (c), vest in the relevant provincial government. Where any asset referred to in paragraph (b) is applied or intended to be applied for or in connection with the administration of a particular law or the performance of a particular function in a particular area, such asset shall vest in the government to which the administration of that law is assigned, or is assigned in that particular area, in terms of section 235(6), (8) or (9), or to which the performance of that function is entrusted, or entrusted in the particular area, in terms of section 237. Where any asset cannot in terms of the aforegoing rules be classified with reference to a particular matter, law or function, or where there is disagreement between two or more governments, the advice of the Commission on Provincial Government shall be obtained, and any dispute shall be resolved with due regard to such advice. Parliament shall be competent to enact a law to facilitate the application of this section and to prescribe guidelines for the resolution of disputes arising from such application. All assets under the control of a police force shall vest in the South African Police Service.

(2) (a) A registrar of deeds shall upon the production of a certificate by a competent authority that immovable property described in the certificate is vested in a particular government in terms of this section, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of such government.

(b) No duty, fee or other charge shall be payable in respect of a registration in terms of paragraph (a).

(3) (a) All debts and liabilities which immediately before the commencement of this Constitution vested in an authority referred to in section 235(1)(a), (b) or (c), or in a government, administration or force under the control of such authority shall be assumed by the national government.

(b) The debts and liabilities referred to in paragraph (a), shall be deemed to be State debt as defined in section 1 of the Exchequer Act, 1975 (Act No. 66 of 1975).

(4) Subject to and in accordance with any applicable law, the assets, rights, duties and liabilities of all forces referred to in section 224(2) shall devolve upon the South African National Defence Force.

(5) Anything done in terms of this section shall be subject to audit by the Auditor-General.

Transitional arrangements: Local government

245. (1) Until 31 March 1996, local government shall not be restructured otherwise than in accordance with the Local Government Transition Act, 1993 (Act No. 209 of 1993).

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after 31 March 1996 shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.

(3) (a) For the purposes of the first election of members of a transitional local council or a transitional metropolitan substructure as referred to in the Local Government Transition Act, 1993, after the commencement of this Constitution, the area of jurisdiction of such transitional local council and transitional metropolitan substructure shall be divided into wards in accordance with that Act.

(b) Forty per cent of the members of a transitional local council and a transitional metropolitan substructure shall be elected according to the system of proportional representation applicable to an election of the National Assembly and regulated specifically by or under the Local Government Transition Act, 1993, and sixty per cent of the members shall be elected to represent wards as contemplated in paragraph (a): Provided that—

if such wards are represented by more than one member, all such wards shall be represented by the same number of members; and notwithstanding anything to the contrary contained in this Constitution, where the area of jurisdiction of the transitional local council or transitional metropolitan substructure includes—

the area of jurisdiction of any institution or body as was referred to in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961); and any other area not falling within the area of jurisdiction of the institution or body referred to in item (aa),

no area referred to in items (aa) or (bb) shall be allocated less than half of the total number of wards of the transitional local council or transitional metropolitan substructure concerned: Provided further that an area referred to in item (aa) shall be deemed not to include any area for which a local government body referred to in paragraphs (a), (b) and (c) of the definition of “local government body” in section 1(1) of the Local Government Transition Act, 1993 (as that Act exists at the commencement of this Constitution), has been established.


text:
“The Heart of the Andes”/Part 5

When our mortal nature is dazzled and wearied with too long gazing on the golden mount, where silence dwells and glory lingers longer than the day, we may descend to the Arcadian levels of the Llano at the “Heart of the Andes.” See how the plain slides, smooth as water, carrying sunshine up to the stooping forests at the left-hand base of the central mountain. On the reaches of this savanna is space and flowery pasturage for flocks and herds. Llamas may feed there undisturbed by anacondas. No serpent hugs; no scorpion nips; never a mosquito hums over this fair realm. Perpetual spring reigns. If the Arcadians wish perpetual summer, with its pests and its pleasures, they have only to mount a mule and descend; the torrid zone is but a mile below. Life here may be a sweet idyl; and the great mountains at hand will never let its idyllic quiet degenerate into pastoral insipidity.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: “The Heart of the Andes”/Part 5


text: 1911 Encyclopædia Britannica/Trelawny, Edward John


text:
“The Heart of the Andes”/Part 6

A sweep of this fair meadow-land, eddying along under steep banks behind the village, bears us unawares up steep acclivities, and we become mountaineers again, climbing the Cordillera.

The Dome was an emblem of permanent and infinite peace: — this central mass of struggling mountain, with a war of light and shade over all its tumultuous surface, represents vigor and toil and perplexity. The great shadow of the picture is opposed in sentiment, as well as in color and form, to the great light.

Begin with the craggy hillock at the centre of the background, behind the village tower. It seems a mere episode of the life of the great mountain above it; but observe how thoroughly, as in all Mr. Church’s work, its story is told. Detail is suggested, and yet suppressed. The hill is in shadow, but not consigned to utter blackness, and maltreated with coarse neglect. You may perceive or divine every line of sinking surface, and every time-worn channel converging to the gulf in its front. You may feel that it bears up a multitudinous forest on its isolated crest, where fires that sweep the mountain moors, or “paramos,” have not reached. Level with this compact pyramid extends to the left a bench of rocky plateau, where we can gird ourselves for our sturdy task. Then, as we toil resolutely up, we find that earth was not at play when this Titanic mass was reared. Here are mountain upon mountain; crag climbing on the shoulders of crag; plain and slope, and “huddling slant” and precipice; furrow, chasm, plunging hollow, quebrada and abyss; solitary knolls, groups of allied hills, long sierras marked on their sheer flanks with cleavage and rock-slides; conical mounds, walls of stem frontage; myriad tokens of primeval convulsions; proofs everywhere of change, building, razing, upheaval, sinking, and deliberate crumbling away, and how new ruin restores the strong lines that old ruin weakened. Yet, with all this complex action and episode, there is still one steady movement upward of this bold earth-born Hyperion higher toward the masterful heights, with stronger step and larger leap as he learns the power of sustained impulse, and mounts nearer and nearer the region of final mysterious battle in clouds and darkness, on the verge of final triumph beyond the veil. Peace and light dwell upon the Dome. Here is a contrast of mystery and dim chaos; — yet no grim obscure; no shock of hurtling storms. The sun penetrates the veil, and the heights glow pallid-rosy. Over the edge, keen as a wave, of the topmost cliff, float showery mists of tender iridescence; then violet heights and rainbow-mists and wreaths of pale cloud fade together out of sight.

Over all this central mountain play of color rivals infinity of form. Evanescent blues, golden browns, pearly violets, tender purples, and purple greens mantle delicately over its giant shoulders. If the Dome was a miracle of light, this mountain is equally a miracle of light and shade. Gray forests clothe a narrow zone at its base. Then come the “paramos,” the rocky moors covered with long yellow grass, where fires have frequent course and drive the trees down into gorges far beneath their proper level, — then the rocks, all stained and scarred with time, and enriched with lichens and mosses. Over all these many-colored surfaces, air, pale or roseate, floats and deepens in every hollow. Aerial liquidness, tremulous quivers of light, rest on seamed front and smooth cheek. Sunbeams rain gently down from the cloudy continent above. We know not where it is not sun, nor where the melting shadow fades. And all, whether sunlit slope, or profound retreating abyss, or sharp sierra, is seen through leagues of ether, a pellucid but visible medium. Forms become undefined, but never vague in this gray luminousness. The enchantment of beautiful reality in all this central mountain is heightened by the faint pencils of light striking across the void. And observe, as an instance of the delicate perception of truth that signalizes every portion of this picture, that these evanescent beams converge. Diverging rays are familiar to every one who has seen sunsets. Old Sol in the almanacs is a personage of jolly phiz, with spokes of light diverging from cheek and crown. But converging rays can only fall when the sun is, as in this case, behind the point of view; and this disposition of light is a phenomenon comparatively rare. A regard for such fine truths as this arms the artist with a panoply, and makes his work impregnable.

No substitution of trickery for tactics could possibly have drawn up this masterly array of mountain elements. It is thorough knowledge and faithful elaboration of detail that makes this central mass real, and not mythic; a vast, varied pyramid of rock, and not a serrated pancake of blue mud set on edge. Mr. Church proves that he knows and feels grand forms, and the colors which pertain to them as inseparably as the hues of a diamond belong to the facets of a diamond, and that he is able enough, and diligent enough, to express his knowledge and love. This harmonious contrast of sun and shadow, crag and glen, educates the eye forever to disdain those conventional blotches of lazy generalization — vain pretenders to the royal honors of mountains — which cumber so many landscape backgrounds, and demand as much of the student as if he should be required to construct Hamlet from a ghost, the Tuileries from a tile, or Paradise from a pippin.

title: “The Heart of the Andes”/Part 6


text:
“The Heart of the Andes”/Part 7

A canopy of the lofty rain-clouds of this region overhangs the central mountain. We have already observed their shadows; let us now analyze their substance, and note their effect.

Western winds sweeping the Pacific catch dew from the thickets of palm-islands, and foam from breakers on the reefs that shelter blue lagoons, scoop handfuls from the deeps, where sunlight strikes like bended lightning, and tear away the stormy crests of surges. And as the winds hasten on in their hot journey, they play with their treasures of coolness, and find that vapor is a ductile thing, and may be woven into transparent fabrics of clouds, light, fragile, strong, elastic, and with all the qualities of dew and foam, sunny water, and the lurid might of angry sea. Such cloud-wreaths the warm ocean winds hold ready to fling upon every frigid slope of the Andes. No one of these aerial elements is wanting to the clouds over Mr. Church’s majestic Cordillera. They have the shimmer of dew, and the bulk of the surge; they are light as a garland, yet solid to resist a gale. Flexible sunbeams can penetrate this texture, and twine themselves with every fibre, and yet bluff winds cannot shatter them. Brightness and darkness flow and fuse together among their rims and contours.

These are not woolly clouds, nor fleecy breadths of woolliness; not feathery clouds, nor brooding feathered pinions. They are not curls of animal hair, nor plumes of fowls. Only the morbid will be reminded by them of flocks of sheep, or flights of rocs. They are clouds made of vapor, not of flocculent pulp, or rags, or shoddy. They are no more like either syllabub or dumplings than Mr. Churches air is like lymph, his water like yeast, or his peaks like frosted plum-cake. Epithets from the kitchen or the factory are equally out of place. These are veritable clouds of coherent, translucent vapor; — magical creations, because there is no magic in them, but only profound, patient, able handiwork guided by love. They are beautiful because they are actual clouds of heaven, and show that the artist knew the infinite life of clouds and the dramatic energy of their coming and going, eventful with shadow and light, and sometimes with tears and dreary tragedies of storm, — that he has seen what wreathed smiles they have for sunshine, what mild rebuffs for boisterous winds, — seen their coquetries of flying and waiting, their coy advances, their wiles of hiding and peering forth with bright looks from under hoods of gray. And having thus studied the character and laws, the use and the loveliness of these spirits of the air, the artist, knowing that he cannot better the models of Nature, has adopted them. Painting of natural objects must be imitation or mockery. A great artist studies to master type forms. When he has grasped the type, then he can construct individuals as he will, but any attempt to create new types results in inanity or caricature, in the deformity of feebleness, or the deformity of the grotesque.

Nothing in the picture is more masterly than these clouds upon the Cordillera. See how they climb and cling to the slopes, how they bridge the hollows, and fling themselves against the opponent cliffs, how they trail and linger, as if to choose their bivouac for the night-watches. They do not sag ponderous and lethargic, nor droop in sorry dejection, weeping out their hearts because their backs are broken. Nor do they fritter away their dignity in a fantastic dance. They are elate and springy with eagerness through all their brilliant phalanxes, and detach themselves with perfect individuality from the far-away sky and the dark mountain. They are naturally and rightly in their place, and give the needful horizontal, for change of line, after so much height, as well as the needful concealment and revelation of form.

But the Llano at the Heart of the Andes, the village, the Montaña, the cataract, and the inexhaustible charms of the rich foreground, invite us. Let us take at a leap the gulf on the mountain-side where a thread of cascade is faintly visible. We advance over the gradual slope behind the dark forest, and notice the forceful quiet of that breadth of gray woodland in shadow, in the middle distance, with its bold fronts of rock.

Let us here pause for a moment. What have we done? Where are we? Let us review our mountain work before we go among the groves and flowers of Arcady. We passed first up the misty glen to the left under the purple precipices, — a stern gorge and a terrible, though now it look so fair. We beheld the Dome, and approached it reverently. We climbed its three terraces. We studied its impressive mass. We saw where its foundations were laid deep and broad, — the triumphant peace of its golden curves against the sky, —and found exquisite light in its shadows. We noticed the magnificent rolling line of the Cordillera where it cuts against the sky and meets the snows, — observed its varied color and form, and marked what a cloudy world it upholds on Atlantean shoulders. We have, in short, studied the Andes, Cordillera and Nevado, the region of animated clouds above the one, and the realm of sinless sky above the other. This is what we have done; — what we have gained will appear when we come to review the whole picture.

title: “The Heart of the Andes”/Part 7


text: The Examiner, and Journal of Political Economy/Volume 2/Number 12/The Genuine Book of Nullification/2


text:
“The Heart of the Andes”/Part 8

The woods behind the village are next to be studied. Half-way down, a bench of warm rock breaks the slope abruptly. The same formation of precipice appears that reappears in the walls of the cataract. Below this the woods radiate over the descent toward the hamlet, and forward toward the water. In all this multitudinous forest of the Montaña, there is nothing of the gloom of the impenetrable vegetation of the fiery lowlands of the tropics. In this elevated valley vegetation assimilates to that of the temperate zones; there is never any nipping check of winter; the tree can develop its life without harsh discipline of frost, and grow without need of frantic impulse after long lethargy. Hence we are at home, and yet strangers in these woods. Our Northern comrades seem to surround us, but they have suffered promotion. They wear richer uniforms and more plentiful decorations. Kindlier influences have been about. Downright perpetual passionate sunshine has educated their finer spirit, and made gross wrappings of protective bark, and all their organization for enduring cold, needless. It is a community which has been well treated and not maltreated, wisely nurtured and not harshly repressed.

The student will recognize the constituents of these forests in the magnificent types of the foreground. I desire at present merely to call his attention to the healthy cheerfulness of their color, and the vigorous, but not rank, character of their growth. Down in the hot valleys, foliage sucks dank from the sluggish air, and, growing fat and pulpy, is not penetrated by sunlight, but only reflects a hard sheen. Seen from above, lush greens preponderate. Few of the largest trees have leaves of delicate texture like our maples. But the groves across the midlands of the Heart of the Andes are gayer, as becomes their climate. And giving to them a higher degree of what they have, Mr. Church has dashed his magical sunshine in among them everywhere, in every glade and cleft, making the whole scope one far glimmer of tremulous scintillating leafage and burning blossoms. It is, as we feel, a countless grove, with many masses of thicket and careless tangles of drapery, such as we see on the left-hand foreground, and vistas of ambrosial gloom, such as open down the ferny dell on the right.

title: “The Heart of the Andes”/Part 8


text:
“The Heart of the Andes”/Part 9

By the skirts of this forest we come to the village. A city of citizens we should feel to be out of place here. Volcanoes may be suitable companions for the turbulent abodes of men, as men now are. A melodramatic little Vesuvius, threatening when it is not outraging, always discontented, and often an insurgent malecontent, grumbling and bellowing, “full of sound and fury,” a demoniac and revengeful being, — this is a fit emblem, of a modern capital. But the solemn peaks of snow must stand among the giant solitudes. And yet, that we may not be quite deserted of human sympathy, the Artist has placed here a quiet hamlet grouped about its humble sanctuary. This is memorial enough of humanity, — we need not stand here bewildered as if we were its first discoverers. We have no uneasy sense of loneliness and exile. Brother men have lived and loved in this paradise. We do not require a crowd of minor associations such as help to glorify tame scenes of every-day life. Petty histories and romances are wanted to kindle fervors for petty places. Sentimental art demands ruins, and strives to “make old baseness picturesque.” But the magnificence of Nature here can be felt without aid from the past. Historic drapery is not needed. Absolute beauty can be loved at first sight. To think our noblest thoughts, we go away from relics to solitude, to God, and to the future.

There is poetic propriety, therefore, in this undisturbing village sanctified by its shrine of faith. Men have not forgotten their conception of God at the Heart of the Andes, — the heart of the heart of the world, where its pulses beat hottest and strongest. And the Artist sets up his own symbol of faith in the church and the foreground cross, and recognizes here that religion whose civilization alone makes such a picture as his possible. A pleasant hamlet is this, with its reed-thatched huts, — here where life is so easy and goes a-Maying all its days.

title: “The Heart of the Andes”/Part 9


text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 1

THE PROVINCE OF MPUMALANGA

Districts created in terms of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944)

As described in Part 2 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act No. 8 of 1978); Excluding the Simdlangentsha and Pongola areas, described as:

PONGOLA From the north-western beacon of Portion 45 (Diagram A 4265/55) of the farm Pongola 61 HU on the boundary between the Republic of South Africa and Swaziland; thence east along the said boundary between the Republic of South Africa and Swaziland to the north-eastern corner of the farm Devils Dive 79 HU, thence generally south along the said boundary to the south-eastern corner of the farm Lebombo’s Poort 92 HU, thence generally west along the middle of the Pongola River, to the south-eastern corner of the farm Zwartkloof 60 HU; thence generally north along the boundaries of the following so as to exclude them out of this area: the said farm Zwartkloof 60 HU, Kranskloof 59 HU and Portion 45 (Diagram A 4275/55) of the farm Pongola 61 HU to the north-eastern beacon of the last-named Portion 45, the place of beginning.

SIMDLANGENTSHA From the north-western beacon of Portion 10 (Diagram A 1373/39) of the farm Voorslag 24 HU, in a south-eastern direction along the north-eastern boundary of the said Voorslag 24 HU to the north-western beacon of the farm Beginsel 56 HU; thence eastwards along the northern boundaries of the following properties: the said farm Beginsel 56 HU, Kranskloof 59 HU and Portion 45 (Diagram A 4265/55) of the farm Pongola 61 HU, to the north-eastern beacon of the latter portion; thence in a general southern direction along the boundaries of the following properties so as to include them in this area: the said Portion 45 HU, the farm Kranskloof 59 HU and Zwartkloof 60 HU to the south-eastern beacon of the latter farm in the middle of the Pongola River; thence in a general western direction along the middle of the said Pongola River to the northernmost beacon of the farm Gunsteling 45 HU; thence in a general north-eastern direction along the boundaries of the following properties so as to include them in this area: the said farm Gunsteling 45 HU, Prudentie 46 HU, Oranjedal 38 HU, Tobolsk 28 HU, Belgrade 27 HU and Portion 10 (Diagram A 1373/39) of the farm Voorslag 24 HU to the north-western beacon of the latter farm, the place of beginning.

The area for which the Kangwane Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971) The area for which the Kwandebele Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971) As well as the following properties forming part of the area for which the Lebowa Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971):

Remainder of the farm Elandsfontein 435 KT, in extent 5678,5521 hectares, according to Diagram A2306/1927; and Portion 1, in extent 1457,4567 hectares, of the farm Dientjie 453 KT, according to Diagram A1939/1964.


text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 2

The 400 seats in the National Assembly referred to in section 40(1), shall be filled as follows:

200 seats from regional lists submitted by the respective parties, with a fixed number of seats reserved for each region as determined by the Commission for a particular election, taking into account available scientifically based data in respect of voters, representations by interested parties and the following proposed determination in respect of the various regions:

200 seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.

The Commission shall determine the number of seats in each provincial legislature, taking into account available scientifically based data in respect of voters, representations by interested parties and the following proposed determination: Provided that the Commission may for the purposes of any provincial election after the first election under this Constitution vary any determination under this item.


text:
“The Heart of the Andes”/Part 10

Divine repose was expressed by the Dome; manly energy by the Cordillera. And now we welcome a graceful feminine element. Water is the fair stranger we are now to greet. We have been all the while aware of her brilliant presence; and have not rarely wandered away from the rough hills to be refreshed by rainbow showers, and stirred with a sense of dancing motion. Now we may give ourselves fully to the river’s bright influence. Forth from a sunlit spot it comes, as unexpected as if we had not seen its placid delay above, where its pool attracted and fixed the village. It comes with snow memories in the foam of its rock-shattered flow. It curves with deep, clear fulness into an upper rocky basin. It gushes so firm and urgent against its walls that its reflected edges are seen to be heaped higher than the unchecked slide of its mid-current. One inch more in its angle of descent would send that whole smooth clearness flying into foam. But its strong speed does not spoil its mirror-like quietness. It moves steadily on to its beautiful duty, and then suddenly — “the wild cataract leaps in glory.”

The river is transfigured before us. Motion flings itself out into light. Green water snows down in a glimmering belt of white. Every drop dashes away from every other drop. Each one has its own sunbeam. Diamond flashes join into jewelled wreaths. Pearl and opal blend their soft tremors. Sapphire and beryl mingle with the strong glow of amber. And the wreaths intertwine and float together, until the mid-whirl is a gemmy turbulence, a crush of foam and spray, and rays and rainbows.

There is no sharp line to mark where calm sliding water is instantly transmuted into wild falling water. The fall becomes a fall without any harsh edge of precipice. We cannot define where the shadowy gleam above bends fleeter over the first ledges; nor where the bend first breaks with spray, and spray thickens, and the curve passes into a leap, and the leap into a resistless plunge, and all the bends, curves, leaps, and plunges fling themselves together in joyful abandonment, thrilled through and through with sensitive tremors of graceful daring.

As the cataract comes gushing forward rather than dropped in precipitous downfall, so it is not received on a flattened level of water below. Rocks break its plunge, and give it pause. And then this shape of beauty, disarrayed, but fairer thus, springs, not frantic or sullen, into a gloomy chasm, but sweeps, a mist of sunshine, down behind an iridescent veil, upon the white splendors of its own image. It eddies with lambent lights along the warm cliffs, and then glides down the steps and rapids of a new career — on to join the Amazon.

Serene sunshine fills the right of the gulf. On the left, where spray keeps the mosses of the cliff long and rich, is a flow of softened prismatic color, and the angle is filled with opalescent reflected lights from the sunny cataract. This is one of the most enchanting effects in the picture.

The gleam of the Cataract recalls the snows of the Dome. The bending plunge of the one repeats the slow curves of the other. Across leagues of full distance, the light of the fall, secluded and subordinate, answers, like an echo, to the great dominant light. And observe also in the division of the cataract by its bold cliff, and in its parted cascade falling in dimness on the right, a reminiscence of the Cordillera, and the dependent misty light at its summit. Such continuous effects sustain the dramatic unity of the picture, and show that one creative thought reigns everywhere. Observe again how the level of the basin below the cataract corresponds with the emphatic plateau below the mountains, — repose after power. No discomposure or weariness is anywhere possible. We are nowhere beaten back and debilitated by stern, rude heights we cannot climb. Slope and plateau and successive grades of ascent take us gently up from the lowest plane of blue water speeding toward ocean, to blue, illimitable space of sky. Step by step the eye is educated to comprehend the vast scope of the scene, yet no step is abrupt. There is always some spot where the precipice breaks off into ledges, and where steeps pass into declivities.

Before he comes to the complex beauty of the foreground, let the student make one more excursion over the large undulations and among the shady coverts of the central forest, — the Montaña of the Andes. Glows of approaching evening lie among the long shadows and fall across the glades. Not even where the dusky canopy of clouds shuts off sunshine can this become an austere woodland. Trees of many-colored foliage make play of light even in the unillumined spots; and sunshine, streaming low and level, betrays a wilderness of leafage and umbrage, stems and vines.

From these bright labyrinths we emerge again into open daylight. Here, above the basin, warm cliffs uphold a tablet where sunlight may blazon its last fond inscriptions. Other hieroglyphs are already there, — the story of the rock’s own life told in crevice, ledge, and mossy cleft, and the myriad traces of Time, the destroyer and renewer. As air above, so water below has pencilled its legend. Lapping ripples have marked levels of drought and freshet along its base. And the cliffs, doing their part in this interchange of bland influences, send down their image to hang without heaviness in the shimmering water. The still water reflects, as perfectly as the arrowy, shattered water contained, light. How full of mild splendor is this pool of Nepenthe! Into its amphitheatre the river leaps exulting. A maze of woven sunbeams floats above her bold repetition of feats done in her youth among argent snows. She springs out upon her own image, which falls before her, a column of white lustre lengthening over the undulations, only to break in the swift silvery bends of the lower rapid. And above this wavering image Iris floats within her veil of mist, and her bright hues shine through it. The cataract sheds prismatic tints upon the unsunlit cliffs, and the cliffs that are in sunlight shed radiance upon the air. The void is flooded with a glow of reflected lights. All about, trees stoop over the brink and tassel the precipices with tendrils and pendent branches. Delicious spot, which he who will can dream full of the music of falling water, as he sees it brimming with effulgence. It lies open before us, a lucent shell lined with imprisoned rainbows, — a chalice of dissolved pearl, — a flushed corolla, where the cataract rises like a white cone of vestal leaves just opening, — a pool of newly-troubled water, where weary spirits may find healing and lightness of heart.

title: “The Heart of the Andes”/Part 10


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 3


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 4


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 5


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 6


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Schedule 7


text:
“The Heart of the Andes”/Part 11

We come now to the right-hand foreground. Three specific typical trees project over the basin, — a trio of comrades sustaining each other in their vanguard station, — unmistakable individuals, evidently not brothers. I have no names for these pioneers. Probably no arborist, complacent with offensive armor of Latin nomenclature, has penetrated these solitudes at the Heart of the Andes. But no ungainly polysyllable could identify these trees more completely than do their distinctive qualities as here given. Midmost stands the stalwart masculine tree, oak-like in its muscular ramification, and upholding a compact crown of plentiful leafage. Light flashes everywhere in among its leaves, catches them as they turn and gilds them, slants across them sheenily, pierces athwart their masses into the dim hollows and fills them with gleams, stands at openings of cavernous recesses in the dense umbrage and reveals their mysterious obscurity. Twigs and sprays bare of foliage, and showing that the crumbling away of soil beneath is telling upon the more delicate members of the tree, strike forth and crinkle as they clutch sunlight. And yet there is no frivolous minuteness of detail in this masterly tree, leader of the trio, and its fellows; although every leaf and spray and twig seem to be there, alive and animate.. The Artist has here, as everywhere, produced his effect by the peremptory facts of form and color, without weakening precision by attempts to convey ambiguous semblances. Hence his tree is a round salient mass, but not a cactus-like excrescence, and a maze of leafage without being a blur or a mop. In signal contrast to this sturdy, erect outstander is the tree with depending branches and delicate silvery-green foliage, — a tree of more elegance of figure and a mimosa-like sensitiveness of leaves, but vigorous and not at all shrinking from the forward and critical position which it holds. The third tree, the Lepidus of this triumvirate, keeps somewhat in the shady background, and leans rather toward the thicket, being of less notable guise and garb. His stiff, scanty leafage and channelled bark are entirely characteristic of the region. Each of these trees is not only a type in its form and foliage, but also, though less conspicuously, of the garden of smaller growth which, feeding on air, dwells on its trunk. Clustering luxuriance of boweriness belongs to the sheltered recesses, and does not inundate these foremost types. But each is a hanging garden, an upright parterre raising up to sunshine its peculiar little world of warm-blooded mosses, lichens, and tree-plants, sparkling over its trunk like an alighting of butterflies. The tropical sun loads his giants with his pigmies. Observe the rich contrast of the mound of vivid moss with the red trunk of the outermost tree. Each of these trees wears a splendid epiderm, but neither has had the leprosy, — an unpleasant malady which frequently attacks foregrounds. Mr. Church’s trees are too freshly alive, and show that they digest air and water too healthily to suffer with any cutaneous disease. A somewhat formal personage the leader of the pioneer trio may be, but his stiff dignity is invaluable in this sybaritic covert, and to the picture, as giving determined perpendicular lines after so much level and slope. Behind this picturesque group, two companions of theirs come striding out of the dusky woodland, each a standard-bearer of a new, unknown clan, and wearing new insignia of rank.

Let us enter this delightsome pleasaunce whence they come. Sunshine streams in with us a little way, and leaves us for a spot it loves among the choirs of blossoms. So we wander on into ambrosial darkness. And over us the trailers stream with innumerable tendrils; — our firmament is a gentle tempest of gold and green, — a canopy of showering clouds of verdure, — a rain of wreaths and garlands. A cascade of bowery intricacy shoots down inexhaustible, dashing into flowers at its foot, and pouring a slide of sparkling greenery among the ferns toward the pool. The cope of forest overhead flings itself down to mingle with the floral coppices, and lianas bind the bright shower to ther bright spray below. Just where the bosk thickens, a tree fern stands like a plume, waving us inward. Lesser ferns carpet the vista, making a deeper, richer greensward than Northern climates know; but this one is the pride of its race. Its prim gracefulness gains the charm of “sweet neglect” by the droop of its ripened and withered fronds, and by the delicate creepers which climb upon the scales of its past leafage. No plant in the upland tropical woods is more elegant than the tree fern. It surpasses even the palm in refinement of foliage, and its plumes become the substitute for palms in the elevated zones where the latter would chill and wither. Behind this fair, bending Oread, under overarching darkness, extends the gloaming mystery of the Montaña.

This vista of forest conducts us inward to a region as doubtful and dim as the height of the Cordillera above, and contrasts with the open road on the left, guiding us up to the Dome. And when we have had enough of dreamy wandering deep in these bowers of Elysium, we may come forth, and pluck flowers in the wondrous garden at the margin of the picture, — a maze of leaves and blossoms as intricate as the maze of vine-drapery above, or the maze of shower and rainbow at the mountain-top. The Artist has come with his hands full of tribute to Flora, and flung exuberant beauty into this sunny, sheltered spot, where warm dewy airs, stealing up the river, bring summer higher than its wont. Liberal as is the beauty here, there is no cramming, — no outlandish forcing of all possible and many impossible objects into an artificial clustering. Here there is simplicity in complexity, — order in bewilderment. Nor is this spot a glare of metallic lustres, and all aflame with hot splendors, or incarnadined with crimson hues. Peaceful colors govern here as everywhere in this home of peace. The feathery blue cymes of a plant which the Indians name “yatcièl” recall the quiet blues of the sky. White spires mingle with the blues. Below, the convolvulus strews its rosy-purple disks over mantling vines. A scarlet passion-flower, the “caruba,” sparkles upon a garland of its own. Reedy grasses start up erect. And lowest, broad juicy leaves, gilded upon their edges with the all-pervading sunshine, grow full and succulent with moisture from the stream.

A perfect garden, — crowded with infinite delicacy and refinement of leaf and flower, — where there is no spot that is not blossom, or leafage, or dim recess where faded petals may lie, — where all seems so fair with these cloud-like creatures of white, these wreaths of azure bloom, and stars of scarlet, that this gentler beauty of earth almost wins us to forget the grander beauty we have known on the summits far away. And as we turn away from the glade, with a boon of sweet flowers in our memory, the last foremost objects that linger with us are two brilliant white blossoms, dashed with the same light which flashes in the cataract, and burns sublimely in the far beacon, the giant dome of snow.

The sun, which loses no opportunity to pierce in unexpectedly anywhere among these scenes, beloved of sunshine, achieves a weird effect in the shadows upon the rock beneath the morning-glories, cast by the sprays and branches of a dead bush. And notice how these shadows have light in them, as shadows should, and are not dark like the unillumined hollows beneath the rocks and shrubbery. An admirably defined rock, part warm color, part purple shadow, part hidden by the caruba vines, leans against the bank, and aids in supporting it.

In the middle of the lower foreground a large-leaved tree, bristling with epiphytes, stands out in vigorous perspective. The water below is half seen through its branches, and gains by an effect of partial concealment and a passing away out of the picture behind a leafy screen.

title: “The Heart of the Andes”/Part 11


text: Page:Constitution of the Republic of South Africa Amendment Act 1996 from Government Gazette.djvu/1


text:
“The Heart of the Andes”/Part 12

The tawny slope of road in the left foreground leads us back to another tangle of forest. All the drooping, waving, tossing, prodigal luxuriance of the glade on the right is here repeated in half-distance, — another denser maze, wellnigh impenetrable, in which we may discern the tree fern, now familiar, and may feel that our previous studies have taught us to know “dingle and bushy dell” and “every bosky bourn of this wild wood from side to side.” A vista, or cleft, across its intricacy, rather suggested than patent, tells us where the path leads towards the Llano and the Hamlet, and the same vista opens to connect the nearest glows and flashes of white light with the radiance of the Dome. Forth from the forest the Road dashes bright as another cataract, and yet a warm surface of trampled earth. An infinite gemminess of flowers scintillates along its course; — there seems no spot where the eye may not catch a sparkle. The same brilliancy gilds the rocks which support the road on the right, and overhang the abyss. Nothing in the picture is truer or more marvellously salient in color and form than the purple crag, with sunlight broken by cross-shadows, lying upon its hither front. Nothing is more boldly characterized, and more full of fresh and vigorous feeling, than the sweep of the road, accurately and precisely defined in all its structure, and bathed in mellow sunlight and mellower shade.

Just at the top of the ascent stands a cross, — a token of gratitude for labor past, and rest achieved. Such crosses are usual among the passes of the Andes, wherever a height has been overcome. The natives pause and repose, and say a thankful Ave, as the two figures in the picture seem to be doing. Their presence is a cheerful incident, and their bright pouchos throw in a dash of gay tropical color. To us also the cross, prominent against its dark background, has sweet symbolical meaning, sanctifying the glories of the spot; and, as in the old saintly legends flowers sprang up under the feet of martyrs, so here a spontaneous garland has grown to wreathe this emblem of sacrifice and love.

Observe next how exquisitely the sloping side of the road toward the dim precipice on the left clothes itself with a mossy verdure, and how the moss thickens and streams down into the chasm, meeting the slender line of sapphire water that trickles from a crevice in the steep. Foremost of all the picture the Artist has set up his trophy in the broken shaft, — the stem of some ancient monarch of the forest. Upon this he has flung his last brilliant spoils. The scarlet orchis stands out like a plume from a tuft of other air-plants, a fall of draping creepers hangs from above, strange rich forms of plants cluster about its base, and, fastened by a fillet of large leaves, each distinct upon its own shadow, one burning white blossom gleams, midway the column, like a jewel upon an argent shield. Upon a branch just by, in bravery of lustrous green plumage, sits the “royal bird of the Incas,” and below gay butterflies twinkle. Through some cleft of forest, beyond the verge of the picture, one trenchant sunbeam strikes, and, falling upon this propylon shaft, seems to set upon the whole great work the sun’s final signet of approval.

title: “The Heart of the Andes”/Part 12


text:
Page:Constitution of the Republic of South Africa Amendment Act 1996 from Government Gazette.djvu/2

To amend the Constitution of the Republic of South Africa, 1993, so as to replace the requirement that an executive committee shall be elected by a council of a local government, by a discretion to elect such a committee; to extend the period during which a certain commission shall carry out its mandate; and to further regulate the restructuring of local government; and to provide for matters in connection therewith.

(English text signed by the President.) (Assented to 25 March 1996.)

E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Amendment of section 177 of Act 200 of 1993

1. Section 177 of the Constitution of the Republic of South Africa, 1993 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the words preceding the proviso of the following words: “A council of a local government [shall] may elect an executive committee according to a system of proportional representation as may be prescribed by law from among its members [an executive committee] to exercise such powers and perform such functions as may be determined by such council”.

Amendment of section 236 of Act 200 of 1993, as amended by section 1 of Act 20 of 1995

2. Section 236 of the principal Act is hereby amended by the substitution for subsection (6) of the following subsection: “(6) Notwithstanding the provisions of this section, the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 April 1993 and 30 September 1994 in respect of any person employed at any time during the said period by an institution referred to in subsection (1), or any class of such persons, may, at the instance of [a Minister or a member of the Executive Council of a province, within one year and three months of the commencement of this Constitution] any interested party, before 31 December 1996 be referred to a commission appointed by the President and presided over by a judge, for review, and if not proper or justifiable in the


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text: 1911 Encyclopædia Britannica/Stein, Charlotte von


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circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award before [31 December 1995] a date to be determined by the Minister for the Public Service and Administration .”.

Amendment of section 245 of Act 200 of 1993, as substituted by section 12 of Act 44 of 1995

3. Section 245 of the principal Act is hereby amended—

by the substitution for subsections (1) and (2) of the following subsections: “(1) Local government shall not be restructured otherwise than in terms of the Local Government Transition Act, 1993 (Act No. 209 of 1993), in respect of any area in which members of a district council, a metropolitan substructure, a transitional council, a transitional representative council or a transitional rural council as contemplated in the Local Government Transition Act, 1993, have not been elected in terms of that Act.

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after [31 March 1996] an election contemplated in subsection (1) shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.”; and

by the addition of the following subsection: “ (4) Until a period of not less than three years has elapsed from the date on which the members of a district council, a metropolitan substructure, a transitional council, a transitional representative council or a transitional rural council as contemplated in the Local Government Transition Act, 1993, have been elected in terms of that Act, such council or substructure, as the case may be, shall not be disestablished and no change shall be made to the powers, area of jurisdiction, wards or number of seats thereof except in accordance with an Act of Parliament further regulating the local government transition process or by way of proclamation in the Provincial Gazette by the Premier of a province acting in consultation with the Minister for Provincial Affairs and Constitutional Development. ”.

Short title

4. This Act shall be called the Constitution of the Republic of South Africa Amendment Act, 1996.


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“The Heart of the Andes”/Part 13

I have thus treated rapidly, and perhaps baldly, the signal facts of this picture. Its execution everywhere equals its conception. It is indeed many perfect pictures in one, — as a noble symphony bears in its choral swell a thousand hymns and harmonies. The lover of quiet beauty may here find solace, and he who adores supernal beauty has objects for loftiest worship. Yet so admirable is the dramatic construction of the work, that no scene is an episode, but each guides the mind on to the triumphal crowning spectacle, — every thought in the picture is an aspiration toward the grand dominant thought, the Dome of snow.

“The Heart of the Andes” is in itself an education in Art. No truer, worthier effort has ever been made to guide the world to feel, to comprehend, and to love the fairest and the sublimest scenes of Nature. It opens to us, in these ardent ages, a new earth more glorious than any we have known. What Beauty can do to exalt mankind is as yet only the dream of a few, but must some time become the reality of all. Toward this result Mr. Church offers here a masterpiece, the largess of his bountiful genius. Men are better and nobler when they are uplifted by such sublime visions, and the human sympathies stirred by such revelations of the divine cannot die; — they are immortal echoes, and they

“roll from soul to soul And grow forever and forever.”

title: “The Heart of the Andes”/Part 13


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Page:Constitution of the Republic of South Africa Third Amendment Act 1996 from Government Gazette.djvu/1

{|width="100%" rules="cols" cellpadding="5"
 * -valign="top"
 * width="50%"|PRESIDENT'S OFFICE

It is hereby notified that the President has assented to the following Act which is hereby published for general information:—

No. 26 of 1996: Constitution of the Republic of South Africa Third Amendment Act, 1996.
 * width="50%"|KANTOOR VAN DIE PRESIDENT

Hierby word bekend gemaak dat die President sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:—

No. 26 van 1996: Derde Wysigingswet op die Grondwet van die Republiek van Suid-Afrika, 1996.
 * }


text: United States Statutes at Large/Volume 1/3rd Congress/2nd Session/Chapter 2


text:
Page:Constitution of the Republic of South Africa Third Amendment Act 1996 from Government Gazette.djvu/2

To amend the Constitution of the Republic of South Africa, 1993, so as to make further provision in relation to the adoption of the new constitutional text; and to provide for matters connected therewith.

(English text signed by the President.) (Assented to 16 April 1996.)

E IT ENACTED by the Constitutional Assembly, as follows:—

Substitution of section 73 of Act 200 of 1993

1. The following section is hereby substituted for section 73 of the Constitution of the Republic of South Africa, 1993: “Adoption of new constitutional text

73. (1) The Constitutional Assembly shall pass the new constitutional text within two years as from the date of the first sitting of the National Assembly under this Constitution.

(2) For the passing of the new constitutional text by the Constitutional Assembly, a majority of at least two-thirds of all the members of the Constitutional Assembly shall be required: Provided that provisions of such text relating to the boundaries, powers and functions of provinces shall not be considered passed by the Constitutional Assembly unless approved also by a majority of two-thirds of all the members of the Senate.

(3) If the Constitutional Assembly fails to pass a proposed draft of the new constitutional text in accordance with [subsection (2)] subsections (1) and (2), but such draft is supported by a majority of all its members, such proposed draft shall be referred by the Chairperson to the panel of constitutional experts referred to in section 72(2) for its advice, to be given within 30 days of such referral, on amendments to the proposed draft, within the framework of the Constitutional Principles, which might secure the support required in terms of subsection (2).


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(4) An amended draft text unanimously recommended by the panel of constitutional experts and submitted to the Constitutional Assembly within the said period of 30 days, shall be considered by the Constitutional Assembly, and [if passed in accordance with subsection (2), it shall become the Constitution of the Republic of South Africa] be voted on within 14 days of the date on which it was submitted to the Constitutional Assembly, and may be passed in terms of subsection (2).

(5) Should the panel of constitutional experts fail to submit within the said period of 30 days to the Constitutional Assembly an amended draft text which is unanimously recommended by the panel, or should such an amended draft text not be passed by the Constitutional Assembly in accordance with subsection (2), any proposed draft text before the Constitutional Assembly may be approved by it by resolution of a majority of its members for the purposes of subsection (6) within 14 days of the date of submission of the amended draft text by the panel or, if no amended draft text is submitted by the panel, within 44 days after the date of referral of the draft to the panel in terms of subsection (3).

(6) A text approved under subsection (5) shall, after it has been certified by the Constitutional Court in terms of section 71(2), be referred by the President for a decision by the electorate by way of a national referendum, which shall be called within 14 days after certification by the Constitutional Court, and which shall be held within 90 days of the date on which the referendum is called.

(7) The question put before the electorate in the referendum shall be the acceptance or rejection of the text approved under subsection (5).

(8) The text presented to the electorate in the referendum shall, if approved by a majority of at least 60 per cent of the votes cast in the referendum and subject to subsection (13), become the Constitution of the Republic of South Africa.

(9) If the relevant text, or any amended text, taking into account the reasons of the Constitutional Court, is not supported or approved in terms of subsection (3) or (5), or is not approved in the referendum, in accordance with subsection (8) [or if a new constitutional text is not passed in terms of this Chapter within the period of two years referred to in subsection (1)], the President shall dissolve Parliament by proclamation in the Gazette within 14 days after the date of the referendum [or the expiry of the said period] or after the date on which the relevant text was not supported or approved in terms of subsection (3) or (5), whereupon an election contemplated in section 39(1)(a) shall be held.

(10) The Constitutional Assembly as constituted after such an election, shall pass the new constitutional text within a period of one year as from the date of its first sitting after such election.

(11) For the passing of the new constitutional text referred to in subsection (10) by the Constitutional Assembly, a majority of at least 60 per cent of all the members of the Constitutional Assembly shall be required: Provided that provisions of such text relating to the boundaries, powers and functions of provinces shall not be considered passed by the Constitutional Assembly unless approved also by a majority of at least 60 per cent of all the members of the Senate.

(12) The provisions of subsections (3) to (9) of this section and the other sections of this Chapter shall apply mutatis mutandis in respect of the Constitutional Assembly referred to in subsection (10) of this section.

(13) A new constitutional text adopted in terms of this chapter shall be assented to by the President and shall upon its promulgation be the Constitution of the Republic of South Africa.”.


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2. The following section is hereby inserted after section 73 of the Constitution of the Republic of South Africa, 1993: “Procedure in event of non-certification 73A. If the Constitutional Court finds that a draft of the new constitutional text passed by the Constitutional Assembly in accordance with section 73(2) or approved by it in accordance with section 73(5), does not comply with the Constitutional Principles, the Constitutional Court shall refer the draft text back to the Constitutional Assembly together with the reasons for its finding.

(2) The Constitutional Assembly shall within three months of the date of such referral pass an amended text in accordance with section 73(2) or approve an amended text in accordance with section 73(5), as the case may be, taking into account the reasons of the Constitutional Court.

(3) The amended text shall be referred to the Constitutional Court for certification in terms of section 71, whereupon the provisions of subsections (1) and (2) of this section again apply, except that the period of three months mentioned in subsection (2) is reduced to a period of one month.

(4) If, in the case of a draft text where section 73(2) applies, the Constitutional Assembly fails to pass an amended text in accordance with section 73(2) within the period prescribed in subsection (2) of this section, the provisions of section 73(3) to (9) shall apply mutatis mutandis. ”.

Short title

3. This Act shall be called the Constitution of the Republic of South Africa Third Amendment Act, 1996.


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Page:The Bloody Banquet.djvu/19

Enter, The two Kings of Lydia and Cilicia, Zenarchus sonne to the Cilician, Tymethes, sonne to the Lydian. Mareres, Fidelio, Amorpho, Sextorio, Lodovicus, when they come unto the Throne, the Tyrant of Cilicia puts by the old King, and ascends alone: all snatch out their swords, Mazeres crownes him, the old King and Tymethes stand amazed.

Florish.

Arm. Speranz. Omn. Long live Armatrites King of Lydia. King. How? Arm. Art thou amaz'd old King, and all thy people Mutually labouring in a fit of wonder? Start from those pale dreames, we will prove all truë, Who wins the day the brightnesse is his due. King. King of Cilicia. Arm. I and Lydia now, Bate us not our Titles, we and ours Have sweate and dearely earn'd them in our flesh. King. It favors not of noblenesse nor vertue, Religion, loyalty, heaven or natures lawes So most perfidiously to enter, Tyrant, Where was, expected honestly and honour, Assistance from a friend, not a dissembler, A Royall neighbour and no politique foe. What worse than this could th' enemy performe? And when shines friendship best but in a storme? Arm. Why, doating Lydia, is it of no vertue To bring our Army hither and put in venture Our person and their lives upon our foes? Wasting our courage, weakning our beft forces; Impoverishing the heart of our munition, And having wonne the honour of the battaile To throw our glory on unworthy spirits, And so unload victories honey thighes To let Droanes feede?

King.

title: Page:The Bloody Banquet.djvu/19


text:
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 what it felt like; and yet the idea of growing shabby and losing his eyes and whiskers was rather sad. He wished that he could become it without these uncomfortable things happening to him.

There was a person called Nana who ruled the nursery. Sometimes she took no notice of the playthings lying about, and sometimes, for no reason whatever, she went swooping about like a great wind and hustled them away in cupboards. She called this "tidying up," and the playthings all hated it, especially the tin ones. The Rabbit didn't mind it so much, for wherever he was thrown he came down soft.

One evening, when the Boy was going to bed, he couldn't find the china dog that always slept with him. Nana was in a hurry, and it was too much trouble to hunt for china dogs at bedtime, so she simply looked about her, and seeing that the toy cupboard door stood open, she made a swoop.

"Here," she said, "take your old Bunny! He'll do to sleep with you!" And she dragged the Rabbit out by one ear, and put him into the Boy's arms.

That night, and for many nights after, the Rh

title: Page:The Velveteen Rabbit.djvu/23


text:
Constitution of the Republic of South Africa, 1993/1996-03-29

as amended by

Constitution of the Republic of South Africa Amendment Act, No. 2 of 1994 Constitution of the Republic of South Africa Second Amendment Act, No. 3 of 1994 Constitution of the Republic of South Africa Third Amendment Act, No. 13 of 1994 Constitution of the Republic of South Africa Fourth Amendment Act, No. 14 of 1994 Constitution of the Republic of South Africa Fifth Amendment Act, No. 29 of 1994 Constitution of the Republic of South Africa Sixth Amendment Act, No. 24 of 1994 Constitution of the Republic of South Africa Amendment Act, No 20 of 1995 Constitution of the Republic of South Africa Second Amendment Act, No 44 of 1995 Constitution of the Republic of South Africa Amendment Act, No 7 of 1996


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 Velveteen Rabbit slept in the Boy’s bed. At first he found it rather uncomfortable, for the Boy hugged him very tight, and sometimes he rolled over on him, and sometimes he pushed him so far under the pillow that the Rabbit could scarcely breathe. And he missed, too, those long moonlight hours in the nursery, when all the house was silent, and his talks with the Skin Horse. But very soon he grew to like it, for the Boy used to talk to him, and made nice tunnels for him under the bedclothes that he said were like the burrows the real rabbits lived in. And they had splendid games together, in whispers, when Nana had gone away to her supper and left the nightlight burning on the mantelpiece. And when the Boy dropped off to sleep, the Rabbit would snuggle down close under his little warm chin and dream, with the Boy's hands clasped close round him all night long.

And so time went on, and the little Rabbit was very happy—so happy that he never noticed how his beautiful velveteen fur was getting shabbier and shabbier, and his tail coming unsewn, and all the pink rubbed off his nose where the Boy had kissed him.

Spring came, and they had long days in the Rh

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text: Page:The Velveteen Rabbit.djvu/26

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text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 1


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 2


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 3


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 4


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 5


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 6


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 7


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 8


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 9


text:
Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 10

Executive committees

177. A council of a local government may elect an executive committee according to a system of proportional representation as may be prescribed by a law from among its members to exercise such powers and perform such functions as may be determined by such council: Provided that—

the council shall determine the number of members of and the quorum for the executive committee; the executive committee shall endeavour to exercise its powers and perform its functions on the basis of consensus among its members; and if consensus on any matter cannot be achieved, such matter may be decided by the committee by resolution of a majority of at least two-thirds of all its members, or the committee may, if a majority of the committee so decides, submit a report and recommendation (if any) on the matter to the council for a decision.


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 garden, for wherever the Boy went the Rabbit went too. He had rides in the wheelbarrow, and picnics on the grass, and lovely fairy huts built for him under the raspberry canes behind the flower border. And once, when the Boy was called away suddenly to go out to tea, the Rabbit was left out on the lawn until long after dusk, and Nana had to come and look for him with the candle because the Boy couldn’t go to sleep unless he was there. He was wet through with the dew and quite earthy from diving into the burrows the Boy had made for him in the flower bed, and Nana grumbled as she rubbed him off with a corner of her apron.

"You must have your old Bunny!" she said. "Fancy all that fuss for a toy!"

The Boy sat up in bed and stretched out his hands.

"Give me my Bunny!" he said. "You mustn't say that. He isn’t a toy. He’s REAL!"

When the little Rabbit heard that he was happy, for he knew that what the Skin Horse had said was true at last. The nursery magic had happened to him, and he was a toy no longer. He was Real. The Boy himself had said it. Rh

title: Page:The Velveteen Rabbit.djvu/27


text: English Folk-Carols/The Virgin Unspotted


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 11


text:
Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 11A

B


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 12


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 13


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 14


text:
Constitution of the Republic of South Africa, 1993/1996-03-29/Chapter 15

Transitional arrangements: Public administration

236. (1) A public service, department of state (including a police force), administration, military force as defined in section 224(2)(a) or (b) or other institution (excluding any local government) which immediately before the commencement of this Constitution performed governmental functions under the control of an authority referred to in section 235(1)(a), (b) or (c), shall, subject to subsection (7), continue to function as such in accordance with the laws applicable to it until it is, as the case may be, abolished or incorporated or integrated into any appropriate institution or is rationalised as contemplated in any other Chapter, consolidated with any other institution or otherwise rationalised as contemplated in section 237, as the case may be: Provided that a military force referred to in this subsection shall not be employed for service referred to in section 227(1)(a), (b) or (e) otherwise than by the President and shall only be used for such service by the authority referred to in section 225 in accordance with section 227(2).

(2) A person who immediately before the commencement of this Constitution was employed by an institution referred to in subsection (1) shall continue in such employment subject to and in accordance with this Constitution and other applicable laws regulating such employment.

(3) Subject to subsections (1) and (2), all powers, directions, orders, instructions or delegations which were in force in respect of an institution which immediately before the commencement of this Constitution performed governmental functions as contemplated in subsection (1) shall, after the said commencement, continue in force for the purpose of the continued functioning within the contemplation of subsection (1) of any such institution, until cancelled or otherwise no longer in force in law.

(4) Subject to this Constitution and subsection (5), the terms and conditions of employment applicable to a person employed by an institution referred to in subsection (1) immediately before the commencement of this Constitution, shall continue to apply to him or her until amended by or under any law, including any law enacted in order to establish uniformity of the terms and conditions of employment in accordance with those generally prevailing at such commencement.

(5) Subject to any law relating to unfitness or incapacity of a person to carry out his or her duties efficiently, the pensionable salary or pensionable salary scale of a person referred to in subsection (2) shall not be reduced below that applicable to such person immediately before the commencement of this Constitution.

(6) Notwithstanding the provisions of this section, the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 April 1993 and 30 September 1994 in respect of any person employed at any time during the said period by an institution referred to in subsection (1), or any class of such persons, may, at the instance of any interested party, before 31 December 1996 be referred to a commission appointed by the President and presided over by a judge, for review, and if not proper or justifiable in the circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award before a date to be determined by the Minister for the Public Service and Administration.

(7) (a) At the commencement of this Constitution the South African Police existing in terms of the Police Act, 1958 (Act No. 7 of 1958), and all other police forces established by law shall be deemed to constitute the South African Police Service referred to in section 214, and any reference to the South African Police or any such force in the said Act or law shall be deemed to be a reference to the said Service.

(b) Any reference in any law to the South African Police or any other police force (excluding a municipal police service) shall, unless the context indicates otherwise, be construed as a reference to the said South African Police Service.

(8) (a) The South African National Defence Force referred to in section 224 shall, subject to this Constitution and any Act of Parliament, mutatis mutandis be governed by the Defence Act, 1957 (Act No. 44 of 1957).

(b) Any reference in any law to a defence force referred to in section 224(2)(a) or (b), shall be deemed to be a reference to the South African National Defence Force.

(c) If the number of the members of the South African National Defence Force exceeds the personnel strength determined in respect of the force design and structure for the Force, any member of the Force who, due to integration, consolidation and rationalisation of the South African National Defence Force is not accommodated in such force design and structure, shall be dealt with in accordance with a law.

(d) The continuance of membership of members of the South African National Defence Force referred to in section 224(2)(c) shall be subject to such members entering into an agreement for temporary or permanent appointment with the South African National Defence Force within a reasonable time: Provided that such agreements shall be in accordance with normal employment policies and terms and conditions of service.

Transitional arrangements: Local government

245. (1) Local government shall not be restructured otherwise than in terms of the Local Government Transition Act, 1993 (Act No. 209 of 1993), in respect of any area in which members of a district council, a metropolitan substructure, a transitional council, a transitional representative council or a transitional rural council as contemplated in the Local Government Transition Act, 1993, have not been elected in terms of that Act.

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after an election contemplated in subsection (1) shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.

(3) (a) For the purposes of the first election of members of a transitional local council or a transitional metropolitan substructure as referred to in the Local Government Transition Act, 1993, after the commencement of this Constitution, the area of jurisdiction of such transitional local council and transitional metropolitan substructure shall be divided into wards in accordance with that Act.

(b) Forty per cent of the members of a transitional local council and a transitional metropolitan substructure shall be elected according to the system of proportional representation applicable to an election of the National Assembly and regulated specifically by or under the Local Government Transition Act, 1993, and sixty per cent of the members shall be elected to represent wards as contemplated in paragraph (a): Provided that—

if such wards are represented by more than one member, all such wards shall be represented by the same number of members; and notwithstanding anything to the contrary contained in this Constitution, where the area of jurisdiction of the transitional local council or transitional metropolitan substructure includes—

the area of jurisdiction of any institution or body as was referred to in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961); and any other area not falling within the area of jurisdiction of the institution or body referred to in item (aa),

no area referred to in items (aa) or (bb) shall be allocated less than half of the total number of wards of the transitional local council or transitional metropolitan substructure concerned: Provided further that an area referred to in item (aa) shall be deemed not to include any area for which a local government body referred to in paragraphs (a), (b) and (c) of the definition of “local government body” in section 1(1) of the Local Government Transition Act, 1993 (as that Act exists at the commencement of this Constitution), has been established.

(4) Until a period of not less than three years has elapsed from the date on which the members of a district council, a metropolitan substructure, a transitional council, a transitional representative council or a transitional rural council as contemplated in the Local Government Transition Act, 1993, have been elected in terms of that Act, such council or substructure, as the case may be, shall not be disestablished and no change shall be made to the powers, area of jurisdiction, wards or number of seats thereof except in accordance with an Act of Parliament further regulating the local government transition process or by way of proclamation in the Provincial Gazette by the Premier of a province acting in consultation with the Minister for Provincial Affairs and Constitutional Development.


text:
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 That night he was almost too happy to sleep, and so much love stirred in his little sawdust heart that it almost burst. And into his boot-button eyes, that had long ago lost their polish, there came a look of wisdom and beauty, so that even Nana noticed it next morning when she picked him up, and said, "I declare if that old Bunny hasn't got quite a knowing expression!"

That was a wonderful Summer!

Near the house where they lived there was a wood, and in the long June evenings the Boy liked to go there after tea to play. He took the Velveteen Rabbit with him, and before he wandered off to pick flowers, or play at brigands among the trees, he always made the Rabbit a little nest somewhere among the bracken, where he would be quite cosy, for he was a kind-hearted little boy and he liked Bunny to be comfortable. One evening, while the Rabbit was lying there alone, watching the ants that ran to and fro between his velvet paws in the grass, he saw two strange beings creep out of the tall bracken near him.

They were rabbits like himself, but quite furry and bran-new. They must have been very well Rh

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text: Page:The Velveteen Rabbit.djvu/29

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title: Page:The Velveteen Rabbit.djvu/32


text: 1911 Encyclopædia Britannica/John XII (pope)


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 made, for their seams didn't show at all, and they changed shape in a queer way when they moved; one minute they were long and thin and the next minute fat and bunchy, instead of always staying the same like he did. Their feet padded softly on the ground, and they crept quite close to him, twitching their noses, while the Rabbit stared hard to see which side the clockwork stuck out, for he knew that people who jump generally have something to wind them up. But he couldn't see it. They were evidently a new kind of rabbit altogether.

They stared at him, and the little Rabbit stared back. And all the time their noses twitched.

"Why don't you get up and play with us?" one of them asked.

"I don't feel like it," said the Rabbit, for he didn't want to explain that he had no clockwork.

"Ho!" said the furry rabbit. "It's as easy as anything." And he gave a big hop sideways and stood on his hind legs.

"I don't believe you can!" he said.

"I can!" said the little Rabbit. "I can jump higher than anything!" He meant when the Rh

title: Page:The Velveteen Rabbit.djvu/33


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 1


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 2


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 3


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 4


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 5


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 6


text: Constitution of the Republic of South Africa, 1993/1996-03-29/Schedule 7


text: Constitution of the Republic of South Africa, 1993


text:
Page:The Velveteen Rabbit.djvu/25

 Spring time

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