In terms of Section 13 of Interpretation Act and Section 123 of the Constitution, when does the legislation becomes operational/commences

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Legislation generally becomes operational or commences upon its publication in the Government Gazette, unless the legislation itself specifies a different date, or a date is fixed by proclamation in the Gazette.

  • Section 13 of the Interpretation Act 33 of 1957 states that a law comes into operation on the date of its publication in the Gazette as a law, or on a date specified in the law itself, or on a date fixed by proclamation by the President or Premier (for provincial acts) in the Gazette.
  • Section 123 of the Constitution of the Republic of South Africa, 1996 specifies that an Act of Parliament takes effect when it has been signed by the President and published in the Government Gazette, but a different date may be specified in the Act or prescribed by proclamation.
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