Schedule 1
National flag
(1)The national flag is rectangular; it is one and a half times longer than it is wide.(2)It is black, gold, green, white, chilli red and blue.(3)It has a green Y-shaped band that is one fifth as wide as the flag. The centre lines of the band start in the top and bottom comers next to the flag post, converge in the centre of the flag, and continue horizontally to the middle of the free edge.(4)The green band is edged, above and below in white, and towards the flag post end, in gold. Each edging is one fifteenth as wide as the flag.(5)The triangle next to the flag post is black.(6)The upper horizontal band is chilli red and the lower horizontal band is blue. These bands are each one third as wide as the flag.Schedule 2
Oaths and solemn affirmations
1. Oath or solemn affirmation of President and Acting President
The President or Acting President, before the Chief Justice, or another judge designated by the Chief Justice, must swear/affirm as follows:In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always -□ promote all that will advance the Republic, and oppose all that may harm it;□ protect and promote the rights of all South Africans;□ discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;□ do justice to all; and□ devote myself to the well-being of the Republic and all of its people.(In the case of an oath: So help me God.)2. Oath or solemn affirmation of Deputy President
The Deputy President, before the Chief Justice or another judge designated by the Chief Justice, must swear/affirm as follows:In the presence of everyone assembled here, and in full realisation of the high calling I assume as Deputy President of the Republic of South Africa, I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always -□ promote all that will advance the Republic, and oppose all that may harm it;□ be a true and faithful counsellor;□ discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;□ do justice to all; and□ devote myself to the well-being of the Republic and all of its people.(In the case of an oath: So help me God.)3. Oath or solemn affirmation of Ministers and Deputy Ministers
Each Minister and Deputy Minister, before the Chief Justice or another judge designated by the Chief Justice, must swear/affirm as follows:I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Minister/Deputy Minister with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.(In the case of an oath: So help me God.)4. Oath or solemn affirmation of members of the National Assembly, permanent delegates to the National Council of Provinces and members of the provincial legislatures
(1)Members of the National Assembly, permanent delegates to the National Council of Provinces and members of provincial legislatures, before the Chief Justice or a judge designated by the Chief Justice, must swear or affirm as follows:I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I solemnly promise to perform my functions as a member of the National Assembly/ permanent delegate to the National Council of Provinces/member of the legislature of the province of C.D. to the best of my ability.(In the case of an oath: So help me God.)(2)Persons filling a vacancy in the National Assembly, a permanent delegation to the National Council of Provinces or a provincial legislature may swear or affirm in terms of subitem (1) before the presiding officer of the Assembly, Council or legislature, as the case may be.5. Oath or solemn affirmation of Premiers, Acting Premiers and members of provincial Executive Councils
The Premier or Acting Premier of a province, and each member of the Executive Council of a province, before the Chief Justice or a judge designated by the Chief Justice, must swear/affirm as follows:I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Premier/Acting Premier/member of the Executive Council of the province of C.D. with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.(In the case of an oath: So help me God.)6. Oath or solemn affirmation of judicial officers
(1)Each judge or acting judge, before the Chief Justice or another judge designated by the Chief Justice, must swear or affirm as follows:I, A.B., swear/solemnly affirm that, as a Judge of the Constitutional Court/Supreme Court of Appeal/High Court/ E.F. Court, I will be faithful to the Republic of South Africa, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.(In the case of an oath: So help me God.)(2)A person appointed to the office of Chief Justice who is not already a judge at the time of that appointment must swear or affirm before the Deputy Chief Justice, or failing that judge, the next most senior available judge of the Constitutional Court.(3)Judicial officers, and acting judicial officers, other than judges, must swear/affirm in terms of national legislation.Schedule 3
Election Procedures
Part A – Election procedures for constitutional office-bearers
1. Application
The procedure set out in this Schedule applies whenever -(a)the National Assembly meets to elect the President, or the Speaker or Deputy Speaker of the Assembly;(b)the National Council of Provinces meets to elect its Chairperson or a Deputy Chairperson; or(c)a provincial legislature meets to elect the Premier of the province or the Speaker or Deputy Speaker of the legislature.2. Nominations
The person presiding at a meeting to which this Schedule applies must call for the nomination of candidates at the meeting.3. Formal requirements
(1)A nomination must be made on the form prescribed by the rules mentioned in item 9.(2)The form on which a nomination is made must be signed -(a)by two members of the National Assembly, if the President or the Speaker or Deputy Speaker of the Assembly is to be elected;(b)on behalf of two provincial delegations, if the Chairperson or a Deputy Chairperson of the National Council of Provinces is to be elected; or(c)by two members of the relevant provincial legislature, if the Premier of the province or the Speaker or Deputy Speaker of the legislature is to be elected.(3)A person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation.4. Announcement of names of candidates
At a meeting to which this Schedule applies, the person presiding must announce the names of the persons who have been nominated as candidates, but may not permit any debate.5. Single candidate
If only one candidate is nominated, the person presiding must declare that candidate elected.6. Election procedure
If more than one candidate is nominated -(a)a vote must be taken at the meeting by secret ballot;(b)each member present, or if it is a meeting of the National Council of Provinces, each province represented, at the meeting may cast one vote; and(c)the person presiding must declare elected the candidate who receives a majority of the votes.7. Elimination procedure
(1)If no candidate receives a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. This procedure must be repeated until a candidate receives a majority of the votes.(2)When applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidate is to be eliminated.8. Further meetings
(1)If only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days, at a time determined by the person presiding.(2)If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question.9. Rules
(1)The Chief Justice must make rules prescribing -(a)the procedure for meetings to which this Schedule applies;(b)the duties of any person presiding at a meeting, and of any person assisting the person presiding;(c)the form on which nominations must be submitted; and(d)the manner in which voting is to be conducted.(2)These rules must be made known in the way that the Chief Justice determines.Part B – Formula to determine party participation in provincial delegations to the National Council of Provinces
1.The number of delegates in a provincial delegation to the National Council of Provinces to which a party is entitled, must be determined by multiplying the number of seats the party holds in the provincial legislature by ten and dividing the result by the number of seats in the legislature plus one.2.If a calculation in terms of item 1 yields a surplus not absorbed by the delegates allocated to a party in terms of that item, the surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed delegates in the delegation must be allocated to the party or parties in the sequence of the highest surplus.3.If the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties, including any merged party as contemplated in section 61(2)(b), with the same surplus in sequence of votes recorded, starting with the party or merged party which recorded the highest number of votes, including combined votes in the case of a merged party, during the last election for the provincial legislature concerned, but if any of the parties with the same surplus -(a)came into existence on account of changes of party membership or subdivision of parties within that legislature as contemplated in section 61(2)(b); and(b)did not participate in the last election for the provincial legislature concerned,the legislature must allocate the undistributed delegates in the delegation to the party or parties with the same surplus in a manner which is consistent with democracy.Schedule 4
Functional areas of concurrent national and provincial legislative competence
Part A
Administration of indigenous forestsAgricultureAirports other than international and national airportsAnimal control and diseasesCasinos, racing, gambling and wagering, excluding lotteries and sports poolsConsumer protectionCultural mattersDisaster managementEducation at all levels, excluding tertiary educationEnvironmentHealth servicesHousingIndigenous law and customary law, subject to Chapter 12 of the ConstitutionIndustrial promotionLanguage policy and the regulation of official languages to the extent that the provisions of section 6 of the Constitution expressly confer upon the provincial legislatures legislative competenceMedia services directly controlled or provided by the provincial government, subject to section 192Nature conservation, excluding national parks, national botanical gardens and marine resourcesPolice to the extent that the provisions of Chapter 11 of the Constitution confer upon the provincial legislatures legislative competencePollution controlPopulation developmentProperty transfer feesProvincial public enterprises in respect of the functional areas in this Schedule and Schedule 5Public transportPublic works only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution or any other lawRegional planning and developmentRoad traffic regulationSoil conservationTourismTradeTraditional leadership, subject to Chapter 12 of the ConstitutionUrban and rural developmentVehicle licensingWelfare servicesPart B
The following local government matters to the extent set out in section 155(6)(a) and (7):Air pollutionBuilding regulationsChild care facilitiesElectricity and gas reticulationFirefighting servicesLocal tourismMunicipal airportsMunicipal planningMunicipal health servicesMunicipal public transportMunicipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this Constitution or any other lawPontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related theretoStormwater management systems in built-up areasTrading regulationsWater and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systemsSchedule 5
Functional areas of exclusive provincial legislative competence
Part A
AbattoirsAmbulance servicesArchives other than national archivesLibraries other than national librariesLiquor licencesMuseums other than national museumsProvincial planningProvincial cultural mattersProvincial recreation and amenitiesProvincial sportProvincial roads and trafficVeterinary services, excluding regulation of the professionPart B
The following local government matters to the extent set out for provinces in section 155(6)(a) and (7):Beaches and amusement facilitiesBillboards and the display of advertisements in public placesCemeteries, funeral parlours and crematoriaCleansingControl of public nuisancesControl of undertakings that sell liquor to the publicFacilities for the accommodation, care and burial of animalsFencing and fencesLicensing of dogsLicensing and control of undertakings that sell food to the publicLocal amenitiesLocal sport facilitiesMarketsMunicipal abattoirsMunicipal parks and recreationMunicipal roadsNoise pollutionPoundsPublic placesRefuse removal, refuse dumps and solid waste disposalStreet tradingStreet lightingTraffic and parkingSchedule 6
Transitional arrangements
1. Definitions
In this Schedule, unless inconsistent with the context —