Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/15

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

Constitution of House of Representatives.

42. (1) The House of Representatives shall consist of―

(a)

80 members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section 49;

(b)

two members nominated by the State President;

(c)

three members elected by the members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote.

(2) The number of members of the House of Representatives to be elected as provided in subsection (1) (a) in each province, shall be as follows:―

Cape of Good Hope	60
Natal	5
Orange Free State	5
Transvaal	10

Constitution of House of Delegates.

43. (1) The House of Delegates shall consist of―

(a)

40 members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section 49;

(b)

two members nominated by the State President;

(c)

three members elected by the members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote.

(2) The number of members of the House of Delegates to be elected as provided in subsection (1) (a) in a province, shall be as follows:―

Cape of Good Hope	3
Natal	29
Transvaal	8

References to directly and indirectly elected and nominated members of Houses.

44. Any reference in this Part to a directly elected member, a nominated member and an indirectly elected member of a House, shall be construed as a reference to a member of such House who, as the case may be and as the context may require, has been elected or nominated or is to be elected or nominated as provided in section 41 (1) (a), (b) and (c), respectively, or section 42 (1) (a), (b) and (c), respectively, or section 43 (1) (a), (b) and (c), respectively.

Alteration of number of members of province.

45. Notwithstanding any provision to the contrary contained in this Act, the number of members of any House to be elected in the various provinces as provided in section 41 (2), 42 (2) or 43 (2), as the case may be, shall not be altered until―

(a)

in the case of the House of Assembly, a period of five years has elapsed from the last delimitation of its electoral divisions in terms of the previous Constitution; and

(b)

in the case of the House of Representatives and the House of Delegates, a period of 10 years has elapsed from the first delimitation of the electoral divisions of the House in question in terms of this Act.

Nomination and indirect election of members of Houses.

46. (1) The State President may make regulations in regard to the election of indirectly elected members of a House, including regulations prescribing the manner of voting and of the transfer and counting of votes and the duties of returning officers in connection with such election.

(2) A casual vacancy in the seat of a nominated or an indirectly elected member of a House shall be filled by the nomination or election of a member for the unexpired portion of the term of office of the member in whose stead he is nominated or elected, and in the same manner in which the last-mentioned member was nominated or elected.