Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/39

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Government Gazette, 15 January 1998
No. 18596     39
 

Constitution of the Western Cape, 1997 Act No. 1, 1998

(3) A person loses membership of the Provincial Parliament if that person—

(a) ceases to be eligible;

(b) resigns as a member; or

(c) is absent from the Provincial Parliament without permission in circumstances for which the rules and orders of the Provincial Parliament prescribe loss of membership.

(4) Vacancies in the Provincial Parliament must be filled in terms of national legislation.


Oath or affirmation

16. Members of the Provincial Parliament must swear or affirm faithfulness to the Republic and the Western Cape and obedience to the national Constitution and this Constitution, in accordance with Schedule 1, before they begin to perform their functions as members.


Duration

17.

(1) The Provincial Parliament is elected for a term of five years.

(2) When the Provincial Parliament is dissolved in terms of section 18 or when its term expires, the Premier must, by proclamation, call and set dates for an election, which must be held within 90 days of the date when the Provincial Parliament was dissolved or when its term expired.

(3) If the result of an election of the Provincial Parliament is not declared within the period determined by national legislation, or if an election is set aside by a court, another election must be held in terms of the national Constitution.

(4) The Provincial Parliament remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next Provincial Parliament.


Dissolution of Provincial Parliament before its term expires

18.

(1) The Premier must dissolve the Provincial Parliament if—

(a) the Provincial Parliament has adopted a resolution to dissolve with a supporting vote of a majority of all its members; and

(b) three years have passed since the Provincial Parliament was elected.

(2) An Acting Premier must dissolve the Provincial Parliament if there is a vacancy in the office of Premier and the Provincial Parliament fails to elect a new Premier within 30 days after the vacancy occurred.


Seat of Provincial Parliament, sittings and recess periods

19.

(1) The seat of the Provincial Parliament is Cape Town.

(2) The Provincial Parliament may determine that it or any of its committees may, when necessary, sit elsewhere in the Western Cape.

(3) After an election, the first sitting of the Provincial Parliament takes place at a time and on a date determined by a Judge designated by the President of the Constitutional Court, but not more than 14 days after the election result has been declared.