Definitions

In the Constitution, unless the context indicates otherwise— “national legislation” includes— (a) subordinate legislation made in terms of an Act of Parliament; and (b) legislation that was in force when the Constitution took effect and that is administered by the national government; “organ of state” means— (a) any department of state or administration in the national, provincial or local sphere of government; or (b) any other functionary or institution— (i) exercising a power or performing a function in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer; “provincial legislation” includes— (a) subordinate legislation made in terms of a provincial Act; and (b) legislation that was in force when the Constitution took effect and that is administered by a provincial government.