General explanatory note:
| Words underlined with solid line indicate insertions in existing enactments. |
Act
To amend the Republic of South Africa Constitution Act, 1961, to provide for the continued membership of certain members of the House of Assembly for limited periods as from the polling day for a general election; the correction of errors in the description of the boundaries of electoral divisions under certain circumstances; and the alteration of names of electoral divisions by proclamation by the State President; to repeal subsection (4) of section 37 of the Republic of South Africa Constitution Fifth Amendment Act, 1980; and to provide for matters connected therewith.
(English text signed by the State President.)
(Assented to 23 February 1981.)
Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―
1. Section 40 of the Republic of South Africa Constitution Act, 1961, is hereby amended by the insertion after subsection (1B) of the following subsections:
“(1C) Any person who―
| (a) | has been nominated from a province as a member of the House of Assembly in terms of paragraph (b) of subsection (1) of this section or elected as such a member in terms of paragraph (c) of that subsection; and | |
| (b) | in terms of section 53 is a member of the House of Assembly on the day immediately preceding the polling day for the election referred to in paragraph (a) of the said subsection which is held in pursuance of any dissolution of the House of Assembly; and | |
| (c) | is not elected as a member of the House of Assembly at such election, |
shall, during the period which in terms of subsection (1D) of this section is applicable in his case, be deemed to have been nominated from the province concerned in terms of the said paragraph (b) or elected in terms of the said paragraph (c), as the case may be, as a member of the House of Assembly on that polling day.
(1D) Any person who is a member of the House of Assembly in terms of the provisions of subsection (1C) shall cease to be such a member in terms of those provisions―
| (a) | in the case of a person deemed in terms of the said provisions to have been nominated from a particular province as a member in terms of paragraph (b) of subsection (1), on the day immediately preceding the day on which a member is in terms of that paragraph nominated from the province concerned in pursuance of the dissolution of the House of Assembly referred to in the said provisions, or, if a member is not so |
