Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/13

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

(2) (a) Any division of the Supreme Court of South Africa shall, subject to the provisions of section 18, be competent to inquire into and pronounce upon the question as to whether the provisions of this Act were complied with in connection with any law which is expressed to be enacted by the State President and Parliament or by the State President and any House.

(b) Rules and orders of a House and joint rules and orders of the Houses shall not be regarded as provisions of this Act for the purposes of paragraph (a).

(3) Save as provided in subsection (2), no court of law shall be competent to inquire into or pronounce upon the validity of an Act of Parliament.

Signature and enrolment of Acts.

35. As soon as may be after any law has been assented to by the State President, the Secretary to Parliament shall cause two fair copies of such law, one being in the English and the other in the Afrikaans language (one of which copies shall have been signed by the State President), to be enrolled of record in the office of the Registrar of the Appellate Division of the Supreme Court of South Africa, and such copies shall be conclusive evidence as to the provisions of every such law, and in case of conflict between the two copies so enrolled that signed by the State President shall prevail.

Seat of Legislature.

36. Cape Town shall be the seat of the Legislature of the Republic.

Parliament

Constitution of Parliament.

37. (1) Parliament shall consist of three Houses, namely, a House of Assembly, a House of Representatives and a House of Delegates.

(2) If and for as long as any House is unable, during a session of Parliament, to meet for the performance of its functions or to perform its functions―

(a)

by reason of a shortfall in the number of its members, or because there are no members, as a result of the resignation of members or the fact that an insufficient number of members or no member was elected at any election of members of such House; or

(b)

by reason of the absence of members, or the failure of members to take their seats or to perform the functions of their office, after the State President has by proclamation in the Gazette called upon all members of such House to be present in the chamber of such House for the performance of their functions as such members on a day and at an hour mentioned in the proclamation, and that hour and day have passed,

Parliament shall consist of the Houses that are or, according to the circumstances, the House that is able to perform their or its functions, and the provisions of this Act and any other law shall be construed accordingly.

Sessions of Parliament.

38. (1) The State President may appoint such times for the sessions of Parliament as he thinks fit, and may also from time to time, by proclamation in the Gazette or otherwise, prorogue Parliament.

(2) There shall be a session of Parliament at least once in every year, so that a period of 13 months shall not intervene between the commencement of one session and the commencement of the next session.

(3) The first session of Parliament after the general election of members of the Houses held in pursuance of a dissolution of Parliament, shall commence within 30 days after the polling day of the election.