172
Interpretation of existing enactments
12.(1) Unless inconsistent with the context, a reference in any existing enactment to—
(a) the President must be construed as a reference to the President acting in accordance
with this Constitution;
(b) Parliament must be construed as a reference to—
(i) the Senate, where the reference relates to a function that is to be exercised by
the Senate alone under this Constitution;
(ii) the National Assembly, where the reference relates to any function other than
one referred to in subparagraph (i) or the enactment of legislation;
(c) the House of Assembly must be construed as a reference to the National Assembly;
(d) the Public Service Commission must be construed as a reference to the Civil Service
Commission;
(e) the Defence Forces Service Commission must be construed as a reference to the
Defence Service Commission;
(f) the Prison Service Commission must be construed as a reference to the Correctional
Service Commission;
(g) the Commissioner of Prisons must be construed as a reference to the CommissionerGeneral of the Correctional Service;
(h) the Comptroller and Auditor-General must be construed as a reference to the AuditorGeneral;
(i) the Attorney-General, in relation to criminal proceedings, must be construed as a
reference to the Prosecutor-General.
(2) Where this Constitution vests power in a particular person or authority to enact
legislation on any matter, and that matter is provided for in an existing enactment made by some
other person or authority, the existing enactment has effect as if it had been made by the person
or authority with the power to make it under this Constitution.
Standing Orders of Parliament
13. The Standing Orders that were in force immediately before the effective date continue
in force as standing orders of the Senate and the National Assembly until they are replaced or
amended in accordance with this Constitution.
Existing officers
14. Any person who, immediately before the effective date, held or acted in a public office
under the former Constitution continues to hold or act in that office, or the equivalent office
under this Constitution, on the same conditions of service until the expiry of his or her term of
office under those conditions of service or until he or she resigns, retires or is removed from
office in terms of this Constitution or those conditions of service, as the case may be.
Select target paragraph3
Add to table of contents