South African Council for Educators Act, 2000
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 1 : Interpretation, Objects, Application and Implementation of Act3. Conflicts with other legislation |
| (1) | In the event of a conflict between a section of this Act and— |
| (a) | provincial legislation relating to the protection and well-being of children, the conflict must be resolved in terms of section 146 of the Constitution; and |
| (b) | a municipal by-law relating to the protection and well-being of children, the conflict must be resolved in terms of section 156 of the Constitution. |
| (2) | In the event of a conflict between a regulation made in terms of this Act and— |
| (a) | an Act of Parliament, the Act of Parliament prevails; |
| (b) | provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and |
| (c) | a municipal by-law, the conflict must be resolved in terms of section I56 of the Constitution. |
| (3) | For the proper application of subsection (2)(b) the Minister must in terms of section 146(6) of the Constitution submit all regulations made in terms of this Act and which affect a province, to the National Council of Provinces for approval. |
| (4) | In this section "regulation" means— |
| (a) | a regulation made in terms of this Act; and |
| (b) | a rule regulating the proceedings of children’s courts in terms of section 52. |
