Page:Constitution Amendment Act 1984.djvu/4

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he is nominated or elected, and in the same manner in which the last-mentioned member was nominated or elected.

(b)

If a casual vacancy in the seat of an indirectly elected member of a House exists while there is one or more directly elected members of the House who belong to or are supporters of the same political party as that to which the member whose seat is vacant belonged or of which he was a supporter at the time when the seat became vacant, the vacancy shall be filled by the nomination of a member by the said directly elected member or members (hereinafter referred to as competent members) for the unexpired portion of the term of office of the member whose seat is vacant: Provided that in the case of a casual vacancy in the seat of an indirectly elected member who, when the vacancy occurred, no longer belonged to or was a supporter of the said political party, the vacancy shall be filled in the manner prescribed in paragraph (a).

(c)

A nomination in terms of paragraph (b) shall―

(i)		be made on a form prescribed by the Speaker of Parliament;
(ii)		contain the nominee’s consent to his nomination and his confirmation that he is competent to become a member of the House in question, signed by him;
(iii)		if there are not more than five competent members, be signed by every competent member;
(iv)		if there are more than five competent members, be signed on behalf of the competent members by the leader of the political party in question in the House and at least four other competent members;
(v)		be lodged with the Secretary to Parliament, who shall record on it, under his signature, the date on which he receives it,

and shall take effect on the date so recorded on it and not earlier.

(d)

A member of a House nominated in accordance with paragraphs (b) and (c) of this subsection shall for the purposes of this Act and any other law be deemed to have been elected in accordance with the provisions of section 41 (1) (c), 42 (1) (c) or 43 (1) (c), as the case may be, and any reference in this Act (except subsection (1) of this section) or any other law to an indirectly elected member or a member elected or to be elected as provided in the said provisions, or to the election of such a member, shall be construed as including a reference to a member nominated or to be nominated as provided in paragraphs (b) and (c) of this subsection or to the nomination of a member in accordance with the last-mentioned paragraphs, as the case may be.”.

Amendment of section 60 of Act 110 of 1983.

7. Section 60 of the Republic of South Africa Constitution Act, 1983, is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) Every House shall at its first meeting not convened for the purposes of section 7 (1) (b), before proceeding to the dispatch of any other business, elect a member to be the Chairman of the House, and, as often as the office becomes vacant, the House shall again elect a member to be the Chairman.”.

Amendment of section 64 of Act 110 of 1983.

8. Section 64 of the Republic of South Africa Constitution Act, 1983, is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

“(b)

‘joint rules and orders’ means rules and orders approved by each of the Houses as joint rules and orders in connection with the order and conduct of―

(i)

the business and proceedings of each in connection with general matters and bills thereon or joint