174 they had been established by an Act referred to in section 8.13, and any decision of those courts given before the effective date has effect accordingly. (5) For the first seven years after the effective date, the Constitutional Court must be composed of; (a) the Chief Justice and Deputy Chief Justice; (b) the four most senior judges of the Supreme Court; and (c) three other judges of the Constitutional Court appointed in terms of section 8.19. (6) The Constitutional Court must be constituted within six months after the first elections in accordance with paragraph 5 and until it is so constituted, its jurisdiction is exercisable by the Supreme Court. (7) As soon as the Constitutional Court is constituted, any pending constitutional case— (a) in which the argument from the parties has not been heard must be transferred to the Constitutional Court; (b) in which the argument from the parties has been heard must be completed by the Supreme Court unless all the parties to the case agree to it being referred to the Constitutional Court, in which event the Supreme Court must refer the case to that Court. (8) All cases, other than pending constitutional cases, that were pending before any court before the effective date may be continued before that court or the equivalent court established by this Constitution, as the case may be, as if this Constitution had been in force when the cases were commenced, but— (a) the procedure to be followed in those cases must be the procedure that was applicable to them immediately before the effective date; and (b) the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any provision of Chapter 4 of this Constitution. (9) For the purposes of subparagraph (8)— (a) a criminal case is deemed to have commenced when the accused person pleaded to the charge; (b) a civil case is deemed to have commenced when the summons was issued or the application was filed, as the case may be. Provisions relating to National Prosecuting Authority 19.(1) Any decision made or action taken before the effective date by or on behalf of the Attorney-General in relation to criminal proceedings is deemed, on and after that day, to have been made or taken by or on behalf of the Prosecutor-General. (2) The person who held office as Attorney-General immediately before the effective date continues in office as Prosecutor-General on and after that day.

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