Page:Constitution Amendment Act 1984.djvu/6

From Wikisource
Jump to navigation Jump to search
This page has been validated.
Government Gazette, 6 July 1984
No. 9307     11

Constitution Amendment Act, 1984
Act No. 105, 1984.

first general election of members of the House of Representatives and the House of Delegates, according to whether the poll in respect of those Houses is held on the same day or on different days, and for the purposes of that session and until those Houses have been duly constituted (but not for a period longer than 14 days after the commencement of that session), each shall be deemed to consist of the members thereof elected at such general election.”; and

(d) by the substitution for subsection (9) of the following subsection:

“(9) For the purposes of the first delimitation of electoral divisions of the House of Representatives and of the House of Delegates the words “voters of the House in the province in terms of the current voters’ lists, duly corrected up to the latest possible date” in section 49 (1) shall be deemed to be replaced by the words “persons who, according to the population register kept in terms of the Population Registration Act, 1950, and on a date not more than 30 days before the delimitation commission begins to perform its functions, would be entitled to be included in any lists of the voters contemplated in section 52 of the House in electoral divisions thereof in the province had the province been divided into electoral divisions of the House on the date in question”, and the references to voters in section 49 (2) and (3) shall be construed accordingly.”.

(2) Paragraph (d) of subsection (1) shall be deemed to have come into operation on 24 February 1984.


Membership of President’s Council or South African Indian Council not disqualification for election as member of House of Representatives or House of Delegates.

12. Notwithstanding anything to the contrary in any other law contained, a member of the President’s Council established in terms of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), or of the South African Indian Council established in terms of the South African Indian Council Act, 1968 (Act No. 31 of 1968), shall not merely because he is such a member or in that capacity receives any remuneration, allowances or benefits, be disqualified from being nominated or elected at the first general election of members of the House of Representatives or at the first general election of members of the House of Delegates as a member of the House in question, and shall not vacate office as a member of the said President’s Council or South African Indian Council merely because he has been so nominated or elected.


Continued payment of certain moneys under certain circumstances.

13. (1) A person who at the commencement and in terms of section 102 (10) (a) or (11) of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983), ceases to hold the office of State President, Vice State President or member of the President’s Council, is entitled to the continued payment during the unexpired portion of the period for which he was elected or appointed to the office in question of the amounts payable to him by virtue of the office by way of salary and allowances or remuneration and allowances in terms of section 14 or 102 of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), immediately before the said commencement.

(2) Subsection (1) does not apply or, according to the circumstances, ceases to apply to or in respect of a person who―

(a) on or after the date on which he ceases to hold the office in question as aforesaid, becomes a member of Parliament or a provincial council or of the President’s Council established in terms of the Republic of South Africa Constitution Act, 1983, or accepts an appointment in the service of the Republic in respect of which he receives remuneration (excluding reimbursement of travelling expenses and of subsistence expenses incurred in the course of such service) out of public funds; or