Republic of South Africa Constitution Act, 1961/1984-07-06

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Republic of South Africa Constitution Act, 1961
enacted by the Parliament of South Africa
as at 6 July 1984
This is the text of the Republic of South Africa Constitution Act, 1961, as at 6 July 1984, that being the date on which the Constitution Amendment Act, 1984, was published and came into force.

Act

To constitute the Republic of South Africa and to provide for matters incidental thereto.



(Afrikaans text signed by the Governor-General.)
(Assented to 24th April, 1961.)


as amended by

Provincial Executive Committees Act, No. 28 of 1962
Constitution Amendment Act, No. 65 of 1962
Constitution Amendment Act, No. 9 of 1963
Provincial Councils and Executive Committees Act, No. 22 of 1963
Coloured Persons Education Act, No. 47 of 1963
Provincial Executive Committees Act, No. 64 of 1963
Indians Education Act, No. 61 of 1965
Constitution Amendment Act, No. 83 of 1965
Pension Laws Amendment Act, No. 102 of 1965
Constitution Amendment Act, No. 37 of 1966
Second Finance Act, No. 58 of 1966
Constitution Amendment Act, No. 9 of 1967
Separate Representation of Voters Amendment Act, No. 50 of 1968
Pension Laws Amendment Act, No. 79 of 1968
Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969
General Law Amendment Act, No. 101 of 1969
Constitution Amendment Act, No. 1 of 1971
Pension Laws Amendment Act, No. 93 of 1971
Provincial Finance and Audit Act, No. 18 of 1972
Provincial Affairs Act, No. 61 of 1972
General Law Amendment Act, No. 102 of 1972
Constitution and Elections Amendment Act, No. 79 of 1973
General Law Amendment Act, No. 62 of 1973
Parliamentary Service Act, No. 33 of 1974
Constitution Amendment Act, No. 48 of 1974
Second Pension Laws Amendment Act, No. 77 of 1974
Exchequer and Audit Act, No. 66 of 1975
Constitution Amendment Act, No. 60 of 1976
Financial Relations Act, No. 65 of 1976
Constitution Amendment Act, No. 30 of 1977
Proclamation No. R. 249 of 1977
Second Black Laws Amendment Act, No. 102 of 1978
Constitution Amendment Act, No. 99 of 1979
Pension Laws Amendment Act, No. 100 of 1979
Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980
Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980
Railways and Harbours Acts Amendment Act, No. 67 of 1980
Republic of South Africa Constitution Amendment Act, No. 70 of 1980
Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980
Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980
Republic of South Africa Constitution Amendment Act, No. 40 of 1981
Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981
Constitution Amendment Act, No. 99 of 1982
Provincial Affairs Act, No. 88 of 1983
Constitution Amendment Act, No. 105 of 1984


In humble submission to Almighty God, Who controls the destinies of nations and the history of peoples;

Who gathered our forebears together from many lands and gave them this their own;
Who has guided them from generation to generation;
Who has wondrously delivered them from the dangers that beset them;

We, who are here in Parliament assembled, declare that whereas we

Are conscious of our responsibility towards God and man;

Are convinced of the necessity to stand united
To safeguard the integrity and freedom of our country;
To secure the maintenance of law and order;
To further the contentment and spiritual and material welfare of all in our midst;

Are prepared to accept our duty to seek world peace in association with all peace-loving nations; and

Are charged with the task of founding the Republic of South Africa and giving it a constitution best suited to the traditions and history of our land:

Be it therefore enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―


Part I.

The Republic.


Republic of South Africa.

1. The Union of South Africa consisting of the provinces of the Cape of Good Hope, Natal, the Transvaal and the Orange Free State as they existed immediately prior to the commencement of this Act, shall as from the thirty-first day of May, 1961, be a republic under the name of the Republic of South Africa.


Sovereignty and guidance of Almighty God acknowledged.

2. The people of the Republic of South Africa acknowledge the sovereignty and guidance of Almighty God.


Construction of pre-Republican laws.

3. As from the date mentioned in section one, any reference in any law in force immediately prior to the commencement of this Act, in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate―

(a) to the Union of South Africa or the State, shall be construed as a reference to the Republic;

(b) to the Crown or the King or the Queen or the Governor-General shall be construed as a reference to the Republic or the State President as the circumstances may require;

(c) to the King-in-Council or the Queen-in-Council or the Governor-General-in-Council, shall be construed as a reference to the State President.

Part II.

National Flag and Anthem.


National Flag of Republic.

4. There shall be a National Flag of the Republic of which the design shall be as set out in section five.


Design of National Flag.

5. (1) The National Flag of the Republic shall be a flag consisting of three horizontal stripes of equal width from top to bottom orange, white and blue, on which there shall appear―

(a) in the centre of the white stripe, the flag of the republic of “De Oranjevrijstaat” hanging vertically and spread in full; and

(b) on opposite sides and adjoining the flag referred to in paragraph (a)—

(i) the Union Jack, as it existed in 1927, horizontally spread in full towards the pole; and

(ii) the Vierkleur of “De Zuid-Afrikaansche Republiek” horizontally spread in full away from the pole.

(2) The flags referred to in paragraphs (a) and (b) of subsection (1) shall all be of the same size and of a shape proportionally the same as that of the National Flag, the width of each of such flags shall be equal to one-third of the width of the white stripe on the National Flag, and the flags referred to in paragraph (b) of sub-section (1) shall be equidistant from the margins of the said white stripe.


Offences in respect of National Flag.

5A. (1) Any person who―

(a) maliciously destroys or spoils the National Flag of the Republic as described in section 5; or

(b) commits any other act which is calculated to hold the National Flag of the Republic in contempt; or

(c) without being authorized thereto (the burden of proof of which shall be upon him) removes the National Flag of the Republic as so described from any place where it is displayed in terms of instructions or directions issued by any State authority,

shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or imprisonment for a period not exceeding five years.

(2) If in any prosecution for an offence referred to in subsection (1) it is alleged that the flag in respect of which the offence is alleged to have been committed is or was the National Flag of the Republic as described in section 5, it shall be presumed unless the contrary is proved that the flag in question complies or, as the case may be, complied with the description of the National Flag in that section.

[S. 5A inserted by s. 1 of Act No. 101 of 1981.]


National Anthem.

6. The National Anthem of the Republic shall be “Die Stem van Suid-Afrika”.


Part III.

The State President and the Vice State President.
[Heading amended by s. 1 of Act No. 101 of 1980.]


The head of the State and his powers.

7. (1) The head of the Republic shall be the State President.

(2) The command-in-chief of the South African Defence Force is vested in the State President.

(3) He shall, subject to the provisions of this Act, have power―

(a) with due regard to the provisions of this Act to dissolve the House of Assembly;

[Para. (a) substituted by s. 2 (a) of Act No. 101 of 1980.]

(b) in accordance with the provisions of sections twenty and twenty-one to appoint Ministers and deputies to Ministers;

(c) to confer honours;

(d) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

(e) with due regard to the provisions of this Act to appoint the times for the holding of sessions of the House of Assembly and to prorogue the House of Assembly;

[Para. (e) substituted by s. 2 (a) of Act No. 101 of 1980.]

(f) to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties or forfeitures;

(g) to enter into and ratify international conventions, treaties and agreements;

(h) to proclaim and terminate martial law;

(i) to declare war and make peace;

(j) to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred or assigned to him under this Act or any other law.

(4) The State President shall in addition as head of the State have such powers and functions as were immediately prior to the commencement of this Act possessed by the Queen by way of prerogative.

(5) The constitutional conventions which existed immediately prior to the commencement of this Act shall not be affected by the provisions of this Act.


Election of State President.

8. (1) The State President shall be elected by an electoral college consisting of the members of the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of South Africa or a judge of appeal designated by him.

[Sub-s. (1) substituted by s. 3 (a) of Act No. 101 of 1980.]

(2) The election of a State President shall be held at a time and place to be fixed by the Speaker or (in his absence) the Secretary to Parliament and made known by notice in the Gazette not less than fourteen days before such election.

[Sub-s. (2) amended by s. 8 of Act No. 33 of 1974.]

(3) The date so fixed shall in respect of the first such election be a date before the thirty-first day of May, 1961, and in the case of any subsequent such election a date not less than one month and not more than three months before the termination of the period of office of the State President then holding office: Provided that if the State President dies or for any other reason vacates his office before the expiration of his period of office and his successor has then not yet been elected, a date within three months after the office became vacant shall be so fixed: Provided further that if the State President intimates in his resignation lodged with the Speaker of the House of Assembly in terms of section 10 (3) that he will vacate his office on a day not less than one month after the date of the lodging of his resignation, a date which is earlier than the day on which the office becomes vacant, may be so fixed.

[Sub-s. (3) substituted by s. 1 of Act No. 9 of 1967.]

(4) No person may be elected or serve as State President unless he is qualified to be nominated or elected and to take his seat as a member of the House of Assembly.

[Sub-s. (4) substituted by s. 3 (b) of Act No. 101 of 1980.]

(5) Any person holding any public office in respect of which he receives any remuneration or allowance out of public funds, who is elected as State President, shall vacate such office with effect from the date on which he is elected.


Method of election.

9. (1) Nominations of candidates for election as State President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination: Provided that in the case of the person for the time being holding office as State President, nomination shall be by way of a decision such as is provided for in paragraph (a) of sub-section (1) of section ten.

(3) The names of the persons duly nominated as provided in sub-section (2) shall be announced at the meeting at which the elections is to take place by the person presiding thereat, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

(5) Where more that one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favour a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

(6) (a) If no candidate obtains a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.

(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of these candidates shall for the purpose of paragraph (a) be eliminated.

(7) (a) Whenever―

(i) only two candidates have been nominated; or

(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,

and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section eight, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.

(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.

(8) (a) The Speaker of the House of Assembly shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.

(b) Any such rules shall be made known in such manner as the Speaker of the House of Assembly may consider necessary.


Tenure of office of State President.

10. (1) (a) The State President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section twelve, and shall not on termination of his period of office be eligible for re-election, unless it is expressly otherwise decided by the electoral college.

(b) He shall cease to hold office on a resolution passed by the House of Assembly declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

[Para. (b) substituted by s. 4 (a) of Act No. 101 of 1980.]

(2) (a) No resolution shall be taken under paragraph (b) of sub-section (1), except after consideration of a report of a committee of the House of Assembly appointed in pursuance of a resolution of the House of Assembly.

[Para. (a) substituted by s. 4 (b) of Act No. 101 of 1980.]

(b) The House of Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the House of Assembly a petition signed by not less than thirty members of the House of Assembly and requesting that such a committee be appointed.

(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed in the House of Assembly.

[Para. (c) substituted by s. 4 (c) of Act No. 101 of 1980.]

(3) The State President may resign by lodging his resignation in writing with the Speaker of the House of Assembly, who shall forthwith advise the Prime Minister of such resignation.

(4) The State President shall not be absent from the Republic except with the prior consent of the Executive Council.


Vice State President.

10A. (1) There shall be a Vice State President.

(2) The provisions of sections 8, 9 and 10 apply mutatis mutandis in respect of the election, qualifications, period of office and removal from office of the Vice State President.

(3) The Vice State President shall be the chairman of the President’s Council: Provided that he shall not act as chairman of the said council while he serves as Acting State President.

[S. 10A inserted by s. 5 of Act No. 101 of 1980.]


Acting State President.

11. Whenever the office of State President is vacant or the State President is for any reason unable to perform the duties of his office, the Vice State President shall serve as Acting State President, and if the office of Vice State President is vacant or the holder of that office is unable to act, the Speaker of the House of Assembly or, if his office is vacant or he is unable to act, a person appointed by the Executive Council shall serve as Acting State President.

[S. 11 substituted by s. 6 of Act No. 101 of 1980.]


Oath of office by State President, Vice State President and Acting State President.

12. The State President, the Vice State President and any Acting State President who does not occupy the office of Vice State President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of South Africa or a Judge of the Supreme Court of South Africa:

In the presence of Almighty God and in full realization of the high calling I assume as State President/Vice State President/Acting State President in the service of my people, I, A.B., do swear to be faithful to the Republic of South Africa and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.

May the Almighty by His grace guide and sustain me in keeping this oath with honour and dignity.

So help me God.

[S. 12 substituted by s. 7 of Act No. 101 of 1980.]


Protection of dignity and reputation of State President, Vice State President and Acting State President.

13. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the State President, the Vice State President or an Acting State President, shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or imprisonment for a period not exceeding five years.

[S. 13 substituted by s. 8 of Act No. 101 of 1980 and by s. 2 of Act No. 101 of 1981.]


Salary of State President and Vice State President.

14. (1) There shall be paid to the State President and the Vice State President out of and as a charge on the State Revenue Fund, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which they may enjoy, each a salary determined, subject to the provisions of subsection (2), by resolution of the House of Assembly from time to time.

(2) The salary of the State President or the Vice State President shall not be reduced during his term of office.

[S. 14 substituted by s. 1 of Act No. 48 of 1974 and by s. 9 of Act No. 101 of 1980.]


Pension payable to State President and his widow.

15. (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund―

(a) to any person who has at any time after the first day of April 1968, occupied the office of State President, an annual pension equal to the annual salary which was payable to him on the day upon which he vacated office;

[Para. (a) substituted by s. 1 of Act No. 77 of 1974.]

(b) to the widow of any such person a pension at the rate of three-quarters of the rate of the pension payable to such person.

[Para. (b) substituted by s. 1 of Act No. 100 of 1979.]

(2) Any pension under sub-section (1) shall be payable―

(a) in the case of the State President with effect from the day following that upon which he vacated office;

(b) in the case of his widow, with effect from the day following that upon which she became a widow.

(3) Notwithstanding the repeal by section one hundred and twenty of section ten bis of the South Africa Act, 1909, any pension which but for such repeal would have been payable to any person under the latter section shall continue to be payable as if the repeal had not been effected.


Pension to be payable to Vice State President and his widow.

15A. The provisions of section 15 (1) and (2) apply mutatis mutandis in respect of a person who occupied the office of Vice State President and his widow.

[S. 15A inserted by s. 10 of Act No. 101 of 1980.]


Part IV.

Executive Government.


Executive government vested in State President acting on advice of Executive Council.

16. (1) The executive government of the Republic in regard to any aspect of its domestic or foreign affairs is vested in the State President, acting on the advice of the Executive Council.

(2) Save where otherwise expressly stated or necessarily implied, any reference in this Act to the State President shall be deemed to be a reference to the State President acting on the advice of the Executive Council.

(3) The provisions of sub-sections (1) and (2) of this section shall not be construed to affect the exercise by the State President of his powers under section twenty, in so far as it relates to the appointment of Ministers, or section twenty-five, paragraph (a) of sub-section (1) of section thirty-three or section forty-seven, or the constitutional conventions relating to the exercise of his functions by the State President.


Executive Council.

17. The Executive Council shall consist of the Ministers appointed under section twenty for the time being holding office.


Seal of the Republic.

18. (1) There shall be a Seal of the Republic, showing the coat of arms of the Republic with the circumscription “Republic of South Africa — Republiek van Suid-Africa”.

(2) The Seal shall be in the custody of the State President, and shall, save in so far as may otherwise be determined by the State President, be used on all public documents on which the Royal Great Seal or the Royal Signet of the Union of South Africa or the Governor-General’s Great Seal was immediately prior to the commencement of this Act required to be used.


Confirmation of executive acts of State President.

19. (1) The will and pleasure of the State President as head of the executive government of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

(2) The signature of the State President on any instrument shall be confirmed as provided in section eighteen.


Appointment of Ministers.

20. (1) The State President may appoint persons not exceeding twenty in number to administer such departments of State of the Republic as the State President may establish.

[Sub-s. (1) substituted by s. 11 (a) of Act No. 101 of 1980.]

(2) Persons appointed under sub-section (1) shall hold office during the pleasure of the State President and shall be the Ministers of the Republic.

(3) No Minister shall hold office for a longer period than twelve months unless he is or becomes a member of the House of Assembly, and a person who was a Minister without being a member of the House of Assembly shall not again be appointed as a Minister unless he is such a member.

[Sub-s. (3) substituted by s. 1 of Act No. 70 of 1980 and by s. 11 (b) of Act No. 101 of 1980.]

(4) Whenever a Minister is from any cause whatever unable to perform any of the functions of his office, the State President may appoint any other member of the Executive Council to act in the said Minister’s stead, either generally or in the performance of any particular function.

(5) A Minister shall before assuming his duties as such or as a member of the Executive Council make and subscribe an oath before the State President or a person designated by him, in the following form:

I, A.B., do hereby swear to be faithful to the Republic of South Africa and undertake before God to honour this oath; to hold my office as Minister and as a member of the Executive Council with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters brought before the Executive Council which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.

So help me God.

(6) Any department of State established under section fourteen of the South Africa Act, 1909, and in existence immediately prior to the commencement of this Act, shall be deemed to have been duly established under this section, and any officer appointed under sub-section (1) of the first-mentioned section to administer any such department and holding office immediately prior to such commencement, shall be deemed to have been duly appointed under this section to administer that department, but shall make and subscribe the oath prescribed in sub-section (5) before assuming his duties.


Assignment of certain powers, duties and functions of a Minister.

20A. (1) The State President may assign the administration of any provision in any law which entrusts to a Minister any power, duty or function, to any other Minister, either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to such first-mentioned Minister.

(2) The Prime Minister may assign any power, duty or function entrusted to him by any law, to any other Minister to be exercised or performed on his behalf by such other Minister.

[S. 20A inserted by s. 3 of Act No. 101 of 1981.]


Appointment and functions of Deputy Ministers.

21. (1) (a) The State President may appoint any person to hold office during his pleasure as Deputy Minister of any specified Department of State or Deputy Minister of such other description as the State President may determine, and to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the State President, be assigned to him from time to time by the said Minister.

(b) Not more than nine persons may be appointed under this sub-section.

[Para. (b) substituted by s. 1 of Act No. 99 of 1982.]

(c) Any reference in any law to a deputy to a Minister shall be construed as including a reference to a Deputy Minister appointed under this sub-section, and any such reference to a Minister shall be construed as including a reference to a Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he acts.

[Sub-s. (1) substituted by s. 1 of Act No. 65 of 1962.]

(2) Any person appointed under this section shall before assuming the duties of his office make and subscribe before the State President or a person designated by him for the purpose, an oath in such form as the State President may determine.

(3) No person appointed under this section shall hold office for a longer period than three months unless he is or becomes a member of the House of Assembly.

[Sub-s. (3) substituted by s. 12 of Act No. 101 of 1980.]

(4) Any person appointed under sub-section (3) of section fourteen of the South Africa Act, 1909, and holding office immediately prior to the commencement of this Act, shall be deemed to have been duly appointed under this section, and may, subject to the provisions of this section, continue to exercise or perform any powers, duties and functions which immediately prior to such commencement could be exercised or performed by him by virtue of a determination under sub-section (3) of the first-mentioned section, as if he were authorized to exercise such powers or perform such duties or functions in pursuance of a determination made by the Minister concerned in terms of this section, but shall make and subscribe the oath required under sub-section (2) before assuming the duties of his office.


Power to appoint and discharge persons.

22. The appointment and removal of persons in the service of the Republic shall be vested in the State President, unless the appointment or removal is delegated by the State President to some other authority or is in terms of this Act or any other law vested in some other authority.


Seat of Government.

23. Save as is otherwise provided in section twenty-seven, Pretoria shall be the seat of Government of the Republic.


Part V.

Parliament.


Legislative power.

24. The legislative power of the Republic is vested in the Parliament of the Republic, which consists of the State President and a House of Assembly.

[S. 24 substituted by s. 13 of Act No. 101 of 1980.]


Sessions of House of Assembly.

25. The State President may appoint such times for holding the sessions of the House of Assembly as he thinks fit, and may also from time to time, by proclamation in the Gazette or otherwise, prorogue the House of Assembly.

[S. 25 substituted by s. 14 of Act No. 101 of 1980.]


Annual session of House of Assembly.

26. There shall be a session of the House of Assembly at least once in every year, so that a period of 12 months shall not intervene between the last sitting of the House of Assembly in one session and its first sitting in the next session.

[S. 26 substituted by s. 15 of Act No. 101 of 1980.]


Seat of Legislature.

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


[Ss. 28–31 repealed by s. 16 of Act No. 101 of 1980.]
[S. 32 repealed by s. 1 of Act No. 60 of 1976.]
[Ss. 33–39 repealed by s. 16 of Act No. 101 of 1980.]


House of Assembly.


Constitution of the House of Assembly.

40. (1) The House of Assembly shall be composed of―

(a) 165 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 43;

(b) four members nominated by the State President, of whom one shall be nominated from each province;

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

[Sub-s. (1) amended by s. (2)(d) of Proclamation No. R. 249 of 1977 and substituted by s. 17 (a) of Act No. 101 of 1980.]

(1A) The State President may make regulations in regard to the election of members in terms of subsection (1) (c), including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such election of members.

[Sub-s. (1A) inserted by s. 17 (b) of Act No. 101 of 1980.]

(1B) A casual vacancy in the seat of a member nominated or elected in terms of subsection (1) (b) or (c) shall be filled by the nomination or election of a member for the unexpired portion of the period 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.

[Sub-s. (1B) inserted by s. 17 (b) of Act No. 101 of 1980.]

(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.

[Sub-s. (1C) inserted by s. 1 of Act No. 40 of 1981.]

(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 nominated within the period of one hundred and eighty days after that dissolution, at the expiration of that period; and

(b) in the case of a person so deemed to have been elected as a member in terms of paragraph (c) of subsection (1), on the day immediately preceding the first day on which members are elected in terms of that paragraph in pursuance of the said dissolution of the House of Assembly or, if no members are so elected within the period of one hundred and eighty days after that dissolution, at the expiration of that period: Provided that if such person is so elected but not on such first day, he shall be deemed to have remained a member of the House of Assembly up to and including the day immediately preceding the day on which he is so elected.

[Sub-s. (1D) inserted by s. 1 of Act No. 40 of 1981.]

(2) The number of members of the House of Assembly to be elected in each province, shall be as follows:―

Cape of Good Hope 55
Natal 20
Orange Free State 14
Transvaal 76.

(3) Notwithstanding any provision to the contrary contained in this Act, the number of members of the House of Assembly to be elected in each province as provided in subsection (2), shall not be altered until a period of ten years has elapsed from the date of commencement of section 81 of the Constitution and Elections Amendment Act, 1973.

[S. 40 substituted by s. 81 of Act No. 79 of 1973.]


Representation of Walvis Bay.

40A. (1) In this section “Walvis Bay” means the port and settlement of Walvis Bay mentioned in the Walfish Bay and St John’s River Territories Annexation Act, 1884 (Act No. 35 of 1884), of the Cape of Good Hope, and includes the territory surrounding it and bounded as described in the said Act.

(2) As from the commencement of section 2 of the Constitution Amendment Act, 1982, and notwithstanding anything to the contrary in this Act contained―

(a) Walvis Bay shall cease to be a part of the electoral division of Green Point, and the description of that electoral division as made known by Proclamation No. 187 of 1980 is hereby amended by the deletion of paragraph (a) thereof;

(b) Walvis Bay shall under that name be an electoral division of the Republic in the province of the Cape of Good Hope, and shall continue to exist as such electoral division, separate from and additional to the electoral divisions into which the rest of the Republic and that province have been divided, as at the said commencement, in terms of section 42 read with paragraph (a) of this subsection, or are divided, at any time thereafter, in terms of that section as applied by subsection (3) of this section;

(c) the House of Assembly shall be composed of the members provided for in section 40 and a member for Walvis Bay, who shall be directly elected by persons entitled to vote at an election of such a member in Walvis Bay; and

(d) Walvis Bay shall, for the purposes of section 69 (1), the provisions of the Electoral Act, 1979 (Act No. 45 of 1979), and, unless it is clearly inappropriate, the provisions of any other law, be deemed to be delimited as an electoral division under this Act or the relevant provisions thereof, as the context may require.

(3) In the application of sections 42 and 43 of this Act with reference to a division of the Republic, after the commencement of section 2 of the Constitution Amendment Act, 1982, into the number of electoral divisions specified in subsection (1) of the first-mentioned section―

(a) Walvis Bay shall be deemed not to be part of the Republic or the province of the Cape of Good Hope; and

(b) the voters in Walvis Bay in terms of the current voters’ list, duly corrected up to the relevant date contemplated in subsection (1) of the said section 43, shall be deemed not to be voters in the province of the Cape of Good Hope,

but a reference to the relevant particulars of Walvis Bay, together with the number of voters therein as determined for the purposes of paragraph (b) of this subsection, shall be submitted to the State President by the commission constituted under subsection (1) of the said section 42 to make the relevant division and made known by the State President as provided in section 44, as if Walvis Bay had been delimited as an electoral division by that commission.

[S. 40A inserted by s. 2 of Act No. 99 of 1982.]


Elections.

41. At any general election of members of the House of Assembly under this Act, all polls shall be taken on one and the same day in all the electoral divisions throughout the Republic, such day to be appointed by the State President.


Delimitation of electoral divisions.

42. (1) At intervals of not less than five years and not more than ten years commencing from the last delimitation of electoral divisions under the South Africa Act, 1909, the State President shall appoint a delimitation commission consisting of three judges of the Supreme Court of South Africa, which shall, subject to the provisions of section 40 (2), divide the Republic into one hundred and sixty-five electoral divisions in such a manner that no electoral division is situated partly in one province and partly in another province.

[Sub-s. (1) substituted by s. 82 of Act No. 79 of 1973.]

(2) No judge shall be appointed under sub-section (1) as a member of a delimitation commission unless he has served as a judge either in a permanent or temporary capacity, for a total period of not less than five years.

(3) In dividing the Republic into electoral divisions in terms of sub-section (1) the said commission shall act in accordance with the provisions of section forty-three.

[S. 42 substituted by s. 2 of Act No. 83 of 1965.]


Method of dividing Republic into electoral divisions.

43. (1) For the purposes of any division of the provinces into electoral divisions, the quota of each province shall be obtained by dividing the number of white voters in the province, in terms of the current voters’ lists, duly corrected up to the latest possible date, by the number of members of the House of Assembly to be elected therein in terms of section 40.

[Sub-s. (1) substituted by s. 83 (a) of Act No. 79 of 1973 and by s. 1 of Act No. 28 of 1980.]

(2) Each province shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3), contain a number of voters as nearly as may be equal to the quota of the province.

[Sub-s. (2) substituted by s. 1 of Act No. 28 of 1980.]

(3) The delimitation commission shall give due consideration to―

(a) community or diversity of interests;

(b) means of communication;

(c) physical features;

(d) boundaries of existing electoral divisions;

(e) sparsity or density of population;

(f) probability of increase or decrease of population;

(g) local authority and magisterial district boundaries,

in such manner that, while taking the quota of voters as the basis of division, the commission may depart therefrom whenever it is deemed necessary, but in no case to any greater extent than fifteen per cent more or fifteen per cent less than the quota: Provided that in the case of an electoral division with an area of twenty-five thousand square kilometres or more, the commission may reduce the number of voters to a number equal to seventy per cent of the quota.

[Sub-s. (3) amended by s. 83 (b) of Act No. 79 of 1973.]
[S. 43 substituted by s. 3 of Act No. 83 of 1965.]


Powers and duties of commission for delimiting electoral divisions.

44. (1) A commission constituted under the provisions of section forty-two shall submit to the State President―

(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division;

(b) a map or maps showing the electoral divisions into which the provinces have been divided;

(c) such further particulars as it considers necessary.

(2) The State President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The State President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of the Republic in the provinces.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description or, if the description has been amended in terms of subsection (5), the description as so amended, shall prevail.

[Sub-s. (4) substituted by s. 2 (a) of Act No. 40 of 1981.]

(5) (a) If the commission is satisfied that any such discrepancy as aforesaid is due to an error in the description of the boundaries of any division, it shall in writing inform the State President accordingly and submit an amendment of the relevant description, correcting the error and certified by the commission, to the State President, unless the period allowed in terms of paragraph (c) for such an amendment has expired.

(b) Subject to the provisions of paragraph (c), the State President shall by proclamation in the Gazette make known any amendment submitted to him in terms of paragraph (a), and thereafter, until there shall be a re-division, the boundaries as so amended shall be the boundaries of the division concerned.

(c) No description of the boundaries of any division shall be amended under this subsection after the date on which the proclamation in respect of the first general election held after the completion of the relevant re-division is published in the Gazette in terms of section 34 of the Electoral Act, 1979 (Act No. 45 of 1979).

[Sub-s. (5) added by s. 2 (b) of Act No. 40 of 1981.]

(6) (a) The State President may by proclamation in the Gazette alter the name of any division as made known under subsection (3).

(b) The name given to any division under paragraph (a) shall, notwithstanding the provisions of subsection (3), be the name of that division until there shall be a re-division.

[Sub-s. (6) added by s. 2 (b) of Act No. 40 of 1981.]


Date from which alteration of electoral divisons takes effect.

45. Any alteration in the number of members of the House of Assembly to be elected in the several provinces, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Assembly, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.


Qualifications of members of House of Assembly.

46. No person shall be qualified to be a member of the House of Assembly under this Act, unless he―

(a) is qualified to be registered as a voter for the election of members of the House of Assembly in one of the provinces;

(b) has resided for five years within the limits of the Republic;

(c) is a white person and is a South African citizen in terms of the provisions of the South African Citizenship Act, 1949 (Act No. 44 of 1949).


Duration of House of Assembly.

47. (1) Every House of Assembly shall continue for five years from the first meeting thereof, and no longer, but may at any time be dissolved by the State President by proclamation in the Gazette.

(2) For the purposes of sub-section (1), the date of the first meeting of the first Parliament under this Act shall be taken to have been the fourth day of July, 1958.

Speaker of the House of Assembly.

48. (1) The House of Assembly shall, before proceeding to the dispatch of any other business, choose a member to be the Speaker of the House, and, as often as the office of Speaker becomes vacant, the House shall again choose a member to be the Speaker.

(2) The Speaker shall cease to hold office if he ceases to be a member of the House of Assembly, and may be removed from office by resolution of the House and may resign his office or his seat by writing under his hand addressed to the State President.


Deputy-Speaker.

49. Prior to or during the absence of the Speaker, the House of Assembly may choose a member to perform his duties in his absence.


Quorum.

50. The presence of at least thirty members of the House of Assembly shall be necessary to constitute a meeting of the House for the exercise of its powers.


Voting in House of Assembly.

51. All questions in the House of Assembly shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.


Oath.

52. Every member of the House of Assembly shall, before taking his seat, make and subscribe before the State President, or some person authorized by him, an oath in the following form:

I, A.B., do swear to be faithful to the Republic of South Africa and solemnly promise to perform my duties as a member of the House of Assembly to the best of my ability.

So help me God.

[S. 52 substituted by s. 19 of Act No. 101 of 1980.]


Effect of dissolution of House of Assembly.

53. Notwithstanding any dissolution of the House of Assembly under this Act, whether by effluxion of time or otherwise―

(a) every person who at the date of the dissolution is a member of the House of Assembly shall remain a member thereof;

(b) the House of Assembly shall remain competent to perform its functions; and

(c) the State President shall have power to summon the House of Assembly for the dispatch of business.

during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.

[S. 53 substituted by s. 20 of Act No. 101 of 1980.]


Vacating of seats by members and powers of Ministers in House of Assembly.

54. (1) Any member of the President’s Council who―

(a) is nominated in terms of section 41 of the Electoral Act, 1979 (Act No. 45 of 1979), as a candidate for election for an electoral division of the House of Assembly or a provincial council, shall vacate his seat as a member of the President’s Council with effect from the relevant nomination day fixed in terms of section 34 of that Act;

(b) is nominated or elected in terms of section 40 (1) (b) or (c) of this Act as a member of the House of Assembly, shall vacate his seat as a member of the President’s Council with effect from the day on which he is so nominated or elected.

[Sub-s. (1) substituted by s. 4 of Act No. 101 of 1981.]

(2) A member of the House of Assembly who is appointed as a member of the President’s Council, shall vacate his seat as a member of the House of Assembly with effect from the date on which he becomes a member of the President’s Council.

(3) A member of the House of Assembly who is elected as a member of a provincial council shall cease to be a member of the House of Assembly with effect from the date upon which he becomes a member of that provincial council.

(4) A Minister who is not a member of the House of Assembly shall have the right to sit and to speak in the House of Assembly, but shall not vote therein.

[S. 54 substituted by s. 21 of Act No. 101 of 1980.]


Disqualifications from being a member of House of Assembly.

55. No person shall be capable of being elected or nominated or of sitting as a member of the House of Assembly, if he―

(a) has at any time been convicted of any offence for which he has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he has received a grant of amnesty or a free pardon, or unless such imprisonment has expired at least five years before the date of his election or nomination; or

(b) is an unrehabilitated insolvent; or

(c) is of unsound mind, and has been so declared by a competent court; or

(cA) is an officer or other employee in the service of any institution, council or body contemplated in section 84 (1) (f); or

[Para. (cA) inserted by s. 3 (a) of Act No. 99 of 1982.]

(d) holds any office of profit under the Republic: Provided that the following persons shall not be deemed to hold an office of profit under the Republic for the purposes of this paragraph, namely―

(i) a Minister of the Republic, or any person holding office as deputy to any Minister;

(ii) a person in receipt of a pension from the Republic;

(iii) an officer or member of the South African Defence Force on retired or half-pay, or an officer or member of the South African Defence Force whose services are not wholly employed by the Republic;

(iv) any person who has been appointed or has become a justice of the peace under section two of the Justices of the Peace and Oaths Act, 1914 (Act No. 16 of 1914);

(ivA) any person appointed as appraiser under section 6 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), or deemed to have been so appointed;

[Sub-para. (ivA) inserted by s. 20 of Act No. 102 of 1972.]

(v) any person who, while the Republic is at war, is an officer or member of the South African Defence Force or any other force or service established by or under the Defence Act, 1957 (Act No. 44 of 1957);

(vi) a member of any council, committee, board or similar body established by or under any law, who receives no payment in respect of his services on such council, committee, board or body in excess of an allowance at a rate not exceeding the amount determined by the Minister of Finance by notice in the Gazette from time to time for each day on which he renders such services, any reimbursement of travelling expenses and subsistence expenses incurred by him in the course of such services and an allowance in respect of entertaining by him in connection with such services;

[Sub-para. (vi) substituted by s. 22 of Act No. 62 of 1973 and by s. 3 (b) of Act No. 99 of 1982.]

(vii) a member of a commission of inquiry or a committee of inquiry appointed by the State President or the Administrator of a province, or a member of a Select Committee of the House of Assembly or a provincial council.

[Sub-para. (vii) added by s. 1 of Act No. 99 of 1979.]
[S. 55 amended by s. 22 of Act No. 101 of 1980.]


Vacation of seats.

56. A member of the House of Assembly shall vacate his seat, if he―

(a) becomes subject to any of the disabilites mentioned in section 55; or

(b) ceases to be qualified as required by law; or

(c) fails for a whole ordinary session to attend without the special leave of the House of Assembly, unless his absence is due to his serving, while the Republic is at war, with the South African Defence Force or any other force or service established by or under the Defence Act, 1957 (Act No. 44 of 1957).

[S. 56 substituted by s. 23 of Act No. 101 of 1980.]


Penalty for sitting or voting when disqualified.

57. Any person who is by law incapable of sitting as a member of the House of Assembly, and who while so incapable and knowing or having reasonable grounds for knowing that he is so incapable, sits or votes as a member of the House of Assembly, shall be liable to a penalty of two hundred rand for each day on which he so sits or votes, to be recovered on behalf of the Treasury of the Republic by action in any division of the Supreme Court of South Africa.

[S. 57 amended by s. 24 of Act No. 101 of 1980.]


Rules of procedure.

58. The House of Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.

[S. 58 substituted by s. 25 of Act No. 101 of 1980.]


Powers of Parliament.


Powers of Parliament.

59. (1) Parliament shall be the sovereign legislative authority in and over the Republic, and shall have full power to make laws for the peace, order and good government of the Republic.

(2) No court of law shall be competent to enquire into or to pronounce upon the validity of any Act passed by Parliament, other than an Act which repeals or amends or purports to repeal or amend the provisions of section one hundred and eight or one hundred and eighteen.

[S. 60 repealed by s. 26 of Act No. 101 of 1980.]


Appropriation Bills.

61. Any Bill which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.


Recommendation of appropriation not initiated by a Minister.

62. The House of Assembly shall not consider any proposal whether by way of a vote or by way of a resolution, address or Bill, for the appropriation of any part of the public revenue or of any tax or impost to any purpose, which has not been initiated by a Minister, unless such appropriation has been recommended by message from the State President during the session in which such proposal is made.

[S. 62 substituted by s. 1 of Act No. 37 of 1966.]


[S. 63 repealed by s. 27 of Act No. 101 of 1980.]


Assent to Bills.

64. (1) When a Bill is presented to the State President for his assent, he shall declare according to his discretion, but subject to the provisions of this Act, that he assents thereto or that he withholds assent.

(2) The State President may return to the House of Assembly any Bill so presented to him and may transmit therewith any amendments which he may recommend, and the House of Assembly may deal with the recommendation.

[Sub-s. (2) substituted by s. 28 of Act No. 101 of 1980.]


Signature and enrolment of Acts.

65. 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.

[S. 65 amended by s. 9 of Act No. 33 of 1974.]


Part VI.

The Provinces.

Administrators.


Appointment and tenure of office of provincial administrators.

66. (1) In each province there shall be a chief executive officer appointed by the State President who shall be known as the administrator of the province, and in whose name all executive acts relating to provincial affairs therein shall be done.

(2) In the appointment of the administrator of any province, the State President shall as far as practicable give preference to persons resident in such province.

(3) An administrator shall hold office for a period of five years and shall not be removed from office before the expiration thereof except by the State President for cause assigned which shall be communicated by message to the House of Assembly within one week after the removal, if Parliament is in session, or, if Parliament is not in session, within one week after the commencement of the next ensuing session.

[Sub-s. (3) amended by s. 29 of Act No. 101 of 1980.]

(4) The State President may from time to time appoint a deputy-administrator to execute the office and functions of the administrator during his absence or illness or whenever for any reason he is unable to perform the duties of his office, or while the appointment of an administrator for the province concerned is pending.

(5) If any person has during any period before or after the commencement of this subsection executed the office and functions of an administrator in any of the circumstances referred to in subsection (4) without having been or before having been appointed as deputy administrator, the State President may appoint him as deputy administrator under the lastmentioned subsection with retrospective effect for the said period or for a period including the said period.

[Sub-s. (5) added by s. 3 of Act No. 61 of 1972.]


Salaries and allowances of administrators.

67. The salaries and allowances of the administrators shall be fixed by the State President and shall not be reduced during their respective terms of office.

[S. 67 substituted by s. 1 of Act No. 31 of 1980.]


Provincial Councils.


Constitution of provincial councils.

68. (1) There shall be a provincial council in each province consisting of the same number of members as are elected in the province for the House of Assembly under this Act: Provided that, in any province whose representatives in the House of Assembly are fewer than twenty in number, the provincial council shall consist of twice as many members as the number of representatives of that province in the House of Assembly.

[Sub-s. (1) substituted by s. 84 of Act No. 79 of 1973.]

(2) Any person qualified to vote for the election of members of a provincial council under this Act shall be qualified to be a member of such council under this Act.

(3) Any provincial council constituted as provided in section seventy of the South Africa Act, 1909, and in existence immediately prior to the commencement of this Act, shall be deemed to have been duly constituted as provided in this Act.


Election of provincial councillors.

69. (1) The members of a provincial council under this Act shall be elected by the persons qualified to vote for the election of members of the House of Assembly in the province voting in the same electoral divisions as are delimited for the election of members of the House of Assembly under this Act: Provided that, in any province in which fewer than twenty members are elected to the House of Assembly, the delimitation of the electoral divisions for the purposes of the election of members of the provincial council shall be effected by the same commission and on the same principles as are prescribed in regard to the electoral divisions of the House of Assembly and in such a manner that each electoral division of the House of Assembly in the said province is divided into two electoral divisions of the provincial council, each containing, subject to the provisions of section 43 (3), a number of voters as nearly as may be equal to one half of the number of voters in that electoral division of the House of Assembly.

[Sub-s. (1) substituted by s. 85 (a) of Act No. 79 of 1973.]

(2) Any alteration in the number of members of the provincial council, and any re-division of the province into electoral divisions, shall come into operation at the next general election for such council held after the completion of such re-division or of any allocation consequent upon such alteration, and not earlier.

(3) The election in all the electoral divisions in the provinces shall take place on one and the same day and such day shall be appointed by the State President.

[Sub-s. (3) substituted by s. 85 (b) of Act No. 79 of 1973.]

(4) Any person who immediately prior to the commencement of this Act holds office as a member of the provincial council by virtue of an election held as provided in section seventy-one of the South Africa Act, 1909, shall be deemed to have been elected to the corresponding provincial council established by this Act.


Application of sections fifty-five to fifty-seven to provincial councillors.

70. (1) The provisions of sections fifty-five, fifty-six and fifty-seven, relative to members of the House of Assembly, shall mutatis mutandis apply to members of the provincial councils.

(2) Any member of a provincial council who becomes a member of the President’s Council or the House of Assembly, shall cease to be a member of such provincial council.

[Sub-s. (2) amended by s. 30 of Act No. 101 of 1980.]


Tenure of office of provincial councillors.

71. (1) (a) Subject to the provisions of paragraph (b) a provincial council shall continue for five years from the date of its first meeting, but the State President may at any time by proclamation in the Gazette dissolve all provincial councils with effect from the same date.

(b) Should a provincial council dissolve by effluxion of time on a date during the existence of the House of Assembly, the State President may by proclamation in the Gazette extend the duration of that provincial council by a period not exceeding eighteen months: Provided that if the House of Assembly is dissolved on a date before the expiration of the said period, that provincial council may be dissolved by the State President by proclamation in the Gazette on the last-mentioned date.

[Sub-s. (1) substituted by s. 86 of Act No. 79 of 1973.]

(2) The provisions of section 53 relating to the tenure of office of the members and the functioning of the House of Assembly upon a dissolution thereof, and to the summoning of the House of Assembly after it has been dissolved, shall mutatis mutandis apply with reference to a dissolution and summoning of any provincial council.

[Sub-s. (2) substituted by s. 31 of Act No. 101 of 1980.]


Sessions of provincial councils.

72. (1) The administrator of a province shall by proclamation in the Official Gazette of that province fix such times for holding the sessions of the provincial council of that province as he may think fit, and may from time to time prorogue such council: Provided that there shall be a session of every provincial council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the council in one session and its first sitting in the next session.

(2) If immediately before the commencement of this Act any provincial council constituted under the South Africa Act, 1909, is in session by virtue of a proclamation issued under section seventy-four of that Act, that session shall be resumed from a date after such commencement to be determined before such commencement by resolution of that council in the same manner as if it were a session of the corresponding provincial council established by this Act for the holding of which the time had been duly fixed in terms of this Act.


Chairman of provincial council and rules of procedure.

73. (1) The provincial council shall elect from among its members a chairman, and may make rules for the conduct of its proceedings.

(2) Rules made under sub-section (1) shall be transmitted by the administrator to the State President, and shall have full force and effect unless and until the State President expresses his disapproval thereof in writing addressed to the administrator.


Allowances of provincial councillors.

74. The members of the provincial council other than members who are also members of the executive committee shall receive such allowances as shall be determined by the State President.

[S. 74 amended by s. 1 of Act No. 64 of 1963.]


Privileges of provincial councils.

75. The powers, privileges and immunities of a provincial council and of the members and committees of a provincial council shall, subject to the provisions of this Act, be such as are declared by Parliament.

[S. 75 substituted by s. 4 of Act No. 37 of 1969.]


Executive Committees.


Provincial executive committees.

76. (1) Each provincial council shall at its first meeting after any general election elect from among its members, or otherwise, four persons to form with the administrator, who shall be chairman, an executive committee for the province.

(2) A member of the executive committee other than the administrator shall hold office until the constitution of an executive committee in terms of subsection (1) after a general election, unless he is removed from office sooner by a resolution of the provincial council.

[Sub-s. (2) substituted by s. 4 of Act No. 99 of 1982.]

(3) (a) The members so elected shall receive such remuneration as the State President shall determine.

(b) There shall be no differentiation as regards the remuneration determined under paragraph (a) in respect of the members of the various executive committees except to the extent that the remuneration of such members who in the opinion of the State President perform full time service may differ from the remuneration of such members who in his opinion do not perform full time service.

[Sub-s. (3) amended by s. 2 of Act No. 64 of 1963.]

(4) (a) A member of the provincial council shall not forfeit his seat by reason of his having been elected as a member of the executive committee.

(b) A member of the executive committee shall not be disqualified from being elected or nominated as a member of the House of Assembly or the provincial council.

[Para. (b) substituted by s. 32 of Act No. 101 of 1980.]

(c) A member of the executive committee who becomes a member of the House of Assembly shall cease to be a member of the executive committee with effect from the date on which he becomes a member of the House of Assembly.

[Para. (c) substituted by s. 32 of Act No. 101 of 1980.]

(d) A member of the executive committee shall not be disqualified from being appointed as deputy-administrator under sub-section (4) of section sixty-six and any such member so appointed shall as from the termination of the appointment resume his office and functions as a member of such executive committee unless his successor has in the meantime been elected under the provisions of sub-section (1) of this section.

[Sub-s. (4) substituted by s. 1 of Act No. 22 of 1963.]

(5) Any casual vacancy arising in the executive committee shall be filled by election by the provincial council if in session, or, if the council is not in session, by a person appointed by the executive committee to hold office temporarily pending an election by the council.


Method of voting for provincial executive committees.

77. (1) Members of the executive committee of a province shall be elected by majority vote, each voter having one non-transferable vote for every member of that committee to be elected.

(2) If two or more persons who at any election of members of an executive committee are candidates for the same seat, receive the same number of votes, a re-election of a member for that seat shall be held forthwith according to that principle of proportional representation according to which each voter has one transferable vote, and if at such re-election the said persons again receive the same number of votes, one of the said persons to be determined by the drawing of lots shall be deemed to have been elected as the member for that seat.

(3) The State President may make regulations in regard to the election of members of the executive committee of a province under this section, including regulations in regard to the duties of returning officers in connection with such elections and in regard to the drawing of lots under the circumstances contemplated in subsection (2).

[S. 77 substituted by s. 1 of Act No. 28 of 1962.]


Right of administrator, etc., to take part in proceedings of provincial council.

78. The administrator and any other member of the executive committee of a province, not being a member of the provincial council, shall have the right to take part in the proceedings of the council, but shall not have the right to vote: Provided that a member of the executive committee who is a member of the provincial council, and who is appointed as a deputy-administrator under the provisions of subsection (4) of section sixty-six, shall during the period of his appointment retain the right to vote as a member of the provincial council.


Powers of provincial executive committees.

79. (1) The executive committee shall on behalf of the provincial council carry on the administration of provincial affairs.

(2) Whenever there are not sufficient members of the executive committee to form a quorum according to the rules of the committee, the administrator shall as soon as practicable convene a meeting of the provincial council for the purpose of electing members to fill the vacancies, and until such election the administrator shall carry on the administration of provincial affairs.


Transfer of powers to provincial executive committees.

80. Subject to the provisions of this Act, all powers, authorities and functions which immediately prior to the commencement of this Act were vested in or exercised by the executive committee of a province in terms of the South Africa Act, 1909, shall as far as the same continue in existence and are capable of being exercised after the commencement of this Act, be vested in the corresponding executive committee established under this Act.


Voting in executive committees.

81. (1) Questions arising in the executive committee shall be determined by a majority of votes of the members present, and, in case of an equality of votes, the administrator shall have also a casting vote.

(2) Subject to the approval of the State President, the executive committee may make rules for the conduct of its proceedings.


Appointment of officers by executive committees.

82. Subject to the provisions of any law passed by Parliament regulating the conditions of appointment, tenure of office, retirement and superannuation of public officers, the executive committee shall have power to appoint such officers as may be necessary, in addition to officers assigned to the province by the State President under the provisions of this Act, to carry out the services entrusted to it and to make and enforce regulations for the organization and discipline of such officers.


Power of administrator to act on behalf of State President.

83. In regard to all matters in respect of which no powers are reserved or delegated to the provincial council, the administrator shall act on behalf of the State President when required to do so, and in such matters the administrator may act without reference to the other members of the executive committee.


Powers of Provincial Councils.


Powers of provincial councils.

84. (1) Subject to the provisions of this Act, the Financial Relations Consolidation and Amendment Act, 1945 (Act No. 38 of 1945), and the assent of the State President as hereinafter provided, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely―

(a) direct taxation within the province in order to raise revenue for provincial purposes;

(b) the borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by the House of Assembly;

[Para. (b) amended by s. 33 (a) of Act No. 101 of 1980.]

(c) education, other than higher education, education for Coloured persons as defined in section one of the Coloured Persons Education Act, 1963, education for Indians as defined in section one of the Indians Education Act, 1965, and Black education, until Parliament otherwise provides;

[Para. (c) amended by s. 37 of Act No. 47 of 1963, by s. 36 of Act No. 61 of 1965, and by s. 17 of Act No. 102 of 1978.]

(d) agriculture to the extent and subject to the conditions defined by Parliament;

(e) the establishment, maintenance and management of hospitals and charitable institutions;

(f)

(i) municipal institutions, divisional councils and other local institutions of a similar nature;

(ii) any institutions or bodies other than such institutions as are referred to in sub-paragraph (i), which have in respect of any one or more areas (whether contiguous or not) situated outside the area of jurisdiction of any such institution as is referred to in sub-paragraph (i), authority and functions similar to the authority and functions of such institutions as are referred to in the said sub-paragraph, or authority and functions in respect of the preservation of public heath in any such area or areas, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919);

(fA) the assistance which a province may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa or to any institution or body contemplated in paragraph (f) and established in any other province;

[Para. (fA) inserted by s. 4 of Act No. 61 of 1972 and substituted by s. 1 of Act No. 30 of 1977 and by s. 2 (a) of Act No. 31 of 1980.]

(fB) the assistance which any institution or body contemplated in paragraph (f) may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa;

[Para. (fB) inserted by s. 2 (b) of Act No. 31 of 1980.]

(fC) the assistance regarding civil defence which any institution or body contemplated in paragraph (f) may, with the approval of the administrator concerned, render to any such institution or body established in any other province, and the assistance which any institution or body so contemplated may with such approval render for the relief of the distress of persons who are or will be affected by an event declared to be a disaster under section 26 of the Fund-raising Act, 1978 (Act No. 107 of 1978);

[Para. (fC) inserted by s. 2 (b) of Act No. 31 of 1980 and substituted by s. 1 (a) of Act No. 88 of 1983.]

(g) local works and undertakings within the province, other than railways and harbours, and other than such works as extend beyond the borders of the province and subject to the power of the House of Assembly to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;

[Para. (g) amended by s. 33 (b) of Act No. 101 of 1980.]

(h) roads, outspans, ponts and bridges, other than bridges connecting two provinces;

(i) markets and pounds;

(j) fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940 (Act No. 10 of 1940);

(k) the imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section;

(l) generally all matters which, in the opinion of the State President are of a merely local or private nature in the province;

(m) all other subjects in respect of which Parliament may by law delegate the power of making ordinances to the provincial council.

(2) An ordinance passed by a provincial council in relation to any matter referred to in paragraph (f) of subsection (1) may provide―

(a) for the appointment by the administrator of the province concerned, or any specified authority, of the members or any number of the members of any institution or body contemplated in that paragraph;

(b) for the area of jurisdiction of an institution contemplated in subparagraph (i) of that paragraph to comprise one or more areas (whether contiguous or not).

[Sub-s. (2) substituted by s. 1 (b) of Act No. 88 of 1983.]
[Sub-s. (3) deleted by s. 33 (c) of Act No. 101 of 1980.]


Effect of provincial ordinances.

85. Any ordinance made by a provincial council shall have effect in and for the province as long and as far only as it is not repugnant to any Act of Parliament.


Recommendations to Parliament.

86. A provincial council may recommend to Parliament the passing of any law relating to any matter in respect of which such council is not competent to make ordinances.

Power to deal with matters proper to be dealt with by private Bill legislation.

87. In regard to any matter which requires to be dealt with by means of a private Act of Parliament, the provincial council of the province to which the matter relates may, subject to such procedure as may be prescribed by Parliament, take evidence by means of a select committee or otherwise for and against the passing of such law, and, upon receipt of a report from such council, together with the evidence upon which it is founded, Parliament may pass such Act without further evidence being taken in support thereof.


Constitution of Provincial Revenue Fund.

88. (1) There shall in every province be a provincial revenue fund into which shall be paid all revenues as defined in section 1 of the Provincial Finance and Audit Act, 1972.

[Sub-s. (1) substituted by s. 34 (a) of Act No. 18 of 1972.]

(2) No moneys shall be withdrawn from a provincial revenue fund except in accordance with an Act of Parliament.

[Sub-s. (2) substituted by s. 34 (b) of Act No. 18 of 1972.]

(3) The administrator of a province may, subject to the laws relating to education, authorize every educational institution in the province which is specified in a list published by the State President by proclamation in the Gazette, to retain and apply such of its revenues and other moneys received by it, as the administrator may from time to time determine, for the purpose of meeting its expenditure, and such revenues and other moneys shall, notwithstanding the provisions of sub-section (1), not to be paid into the provincial revenue fund, but shall be accounted for and dealt with as the administrator may prescribe.


Assent to provincial ordinances.

89. (1) When a proposed ordinance has been passed by a provincial council it shall be presented by the administrator to the State President for his assent.

(2) The State President shall declare within one month from the presentation to him of the proposed ordinance that he assents thereto, or that he withholds assent, or that he reserves the proposed ordinance for further consideration.

(3) A proposed ordinance so reserved shall not have any force unless and until, within one year from the day on which it was presented to the State President he makes known by proclamation in the Gazette that it has received his assent.


Effect and enrolment of ordinances.

90. (1) An ordinance assented to by the State President and promulgated by the administrator shall, subject to the provisions of this Act, have the force of law within the province.

(2) The administrator shall cause two fair copies of every such ordinance, 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 such ordinance, and, in case of conflict between the two copies so enrolled, that signed by the State President shall prevail.


[S. 91 repealed by s. 35 of Act No. 19 of 1972.]


Continuation of powers of divisional and municipal councils.

92. Notwithstanding anything in this Act contained, all powers, authorities and functions lawfully exercised at the commencement of this Act by divisional or municipal councils, or any other duly constituted local authority or body contemplated in paragraph (vi) of section eighty-five of the South Africa Act, 1909, shall be and remain in force until varied or withdrawn by Parliament or by a provincial council having power in that behalf.


Seats of provincial government.

93. The seats of provincial government shall be―

For the Cape of Good Hope Cape Town.
For Natal Pietermaritzburg.
For the Transvaal Pretoria.
For the Orange Free State Bloemfontein.


Part VII.

Administration of Justice.


Constitution and powers of Supreme Court of South Africa.

94. (1) The judicial authority of the Republic shall be vested in a Supreme Court to be known as the Supreme Court of South Africa and consisting of an Appellate Division and such provincial and local divisions as may be prescribed by law.

(2) The said Supreme Court shall, subject to the provisions of section fifty-nine, have jurisdiction as provided in the Supreme Court Act, 1959.

(3) Save as otherwise provided in the Supreme Court Act, 1959, Bloemfontein shall be the seat of the Appellate Division of the Supreme Court of South Africa.

Administrative functions relating to administration of justice.

95. All administrative powers, functions and duties affecting the administration of justice shall be under the control of the Minister of Justice.


Part VIII.

Finance.

[Heading amended by s. 13 (a) of Act No. 67 of 1980.]


Existing debts and liabilities of the State.

96. Nothing in the Act contained shall affect any assets or rights belonging to the State or any debts or liabilities of the State as existing immediately prior to the commencement of this Act, and all such assets, rights, debts and liabilities shall remain assets, rights, debts and liabilities of the Republic, subject, notwithstanding any other provisions contained in this Act, to the conditions imposed by any law under which such debts or liabilities were raised or incurred, and without prejudice to any rights of security or priority in respect of the payment of principal, interest, sinking fund and other charges conferred on the creditors concerned, and may, subject to such conditions and rights, convert, renew or consolidate such debts.


All revenues vest in State President.

97. All revenues of the Republic, from whatever source arising, shall vest in the State President.


State Revenue Fund.

98. (1) There shall be a State Revenue Fund into which shall be paid all revenues as defined in section 1 of the Exchequer and Audit Act, 1975.

(2) No moneys shall be withdrawn from the State Revenue Fund, except in accordance with an Act of Parliament.

[S. 98 substituted by s. 52 of Act No. 66 of 1975.]


[S. 99 repealed by s. 13 (b) of Act No. 67 of 1980.]
[S. 100 repealed by s. 52 of Act No. 66 of 1975.]


Security for interest on public debts of Colonies.

101. The annual interest of the public debts of the Colonies incorporated in the Union of South Africa in terms of the South Africa Act, 1909, and any sinking funds constituted by law at the establishment of the Republic, shall form a first charge on the Consolidated Revenue Fund.


Part VIIIA.

President’s Council.


Establishment of President’s Council.

102. (1) There shall be a President’s Council consisting, in addition to the Vice State President, of members appointed by the State President.

(2) A member of the President’s Council, excluding the Vice State President, shall hold office for a period of five years.

(3) A casual vacancy in the President’s Council, excluding a vacancy in the office of Vice State President, shall be filled by the appointment of a member for the unexpired portion of the period of office of the member in whose stead he is appointed.

(4) (a) The members of the President’s Council, excluding the Vice State President, shall receive such remuneration and allowances as the State President may determine, as well as such other benefits as he may determine by proclamation in the Gazette.

(b) Such remuneration, allowances or benefits may differ according to the offices held by such members in the council.

[Para. (c) added by s. 5 of Act No. 101 of 1981 and deleted by s. 1 of Act No. 105 of 1984.]

(5) The State President shall designate a member of the President’s Council as deputy chairman of the council, who shall serve as chairman thereof whenever the office of Vice State President is vacant or he is for any reason unable to serve as such.

(6) If neither the chairman nor the deputy chairman is able to act as chairman, the members of the President’s Council shall elect one from their number to act as acting chairman.

(7) A deficiency in the number of members of the President’s Council or a committee thereof shall not affect the powers of the said Council or the said committee.

[Original s. 102 repealed by s. 13 (b) of Act No. 67 of 1980. New s. 102 inserted by s. 34 of Act No. 101 of 1980.]


Qualifications of members of President’s Council.

103. A person is not qualified to be a member of the President’s Council if he―

(a) is not at least 30 years of age;

(b) is not a member of the White, Coloured, Indian or Chinese population group;

(c) is not a South African citizen; or

(d) is a member of any legislative body other than a local institution.

[Para. (e) deleted by s. 5 of Act No. 99 of 1982.]
[Original s. 103 repealed by s. 13 (b) of Act No. 67 of 1980. New s. 103 inserted by s. 34 of Act No. 101 of 1980.]


Rules, procedure and committees.

104. (1) The President’s Council may make rules and orders in connection with the order and conduct of the business and proceedings of the council and a committee thereof, including provisions in regard to a quorum.

(2) The State President shall divide the members of the President’s Council into a Constitutional Committee, a Committee for Economic Affairs, a Planning Committee, a Committee for Community Relations and so many other standing committees as he may from time to time deem fit.

(3) Any such committee shall consist of such number of members as the State President may from time to time determine, and the State President shall designate one of the members of such a committee as the chairman thereof.

(4) A member of the President’s Council may be a member of more than one committee.

(5) If a chairman of a committee is for any reason unable to act as chairman, the other members of that committee shall from their number elect one to act as acting chairman.

[Original s. 104 repealed by s. 13 (b) of Act No. 67 of 1980. New s. 104 inserted by s. 34 of Act No. 101 of 1980.]


Dissolution of President’s Council.

105. (1) The State President may by proclamation in the Gazette dissolve the President’s Council within a period of 90 days after a general election of members of the House of Assembly has taken place.

(2) On the dissolution of the President’s Council the membership of all the members thereof, excluding the Vice State President, shall terminate.

[Original s. 105 repealed by s. 13 (b) of Act No. 67 of 1980. New s. 105 inserted by s. 34 of Act No. 101 of 1980.]


Functions of President’s Council and its committees.

106. (1) The President’s Council―

(a) shall at the request of the State President advise him on any matter referred to it by the State President for its advice and may, in its discretion, advise him on any matter (excluding draft legislation) which, in its opinion, is of public interest;

(b) may, if any legislative body other than a local institution refers any draft legislation to it for its advice, advise such body thereon.

(2) Whenever a matter is referred to the President’s Council for its advice or when it is of the opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 104 (2) for its advice, and if the President’s Council is not in session, reference of such matter to such a committee for its advice may be effected in accordance with rules and orders made by the President’s Council.

[Sub-s. (2) substituted by s. 6 of Act No. 101 of 1981.]

(3) The President’s Council shall transmit to the State President any advice received by it in terms of subsection (2) (other than advice in connection with draft legislation referred to in subsection (1) (b)), whether with or without its comments thereon.

(4) The President’s Council or a committee thereof―

(a) may, for the purposes of the performance of its functions and in its discretion, consult with any person or State institution on any matter and may for those purposes establish consultative committees consisting of members of the said council or such committee, as the case may be, and members of any council or board established by the State President in terms of any other law;

(b) may in its discretion and for the said purposes, and shall when the State President requests the council that it be done for those purposes, consult with a council consisting of Black South African citizens and established under an Act of Parliament, or with any committee of such a council.

(5) Advice received by the State President in terms of this section shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof if the House of Assembly is in session or within 14 days after the commencement of its next ensuing session if the House of Assembly is not in session.

(6) The chairman of the President’s Council may, for the purposes of a report to such council on any matter, appoint a committee from among the members of the council and may designate any member of such committee as chairman thereof.

[Original s. 106 repealed by s. 13 (b) of Act No. 67 of 1980. New s. 106 inserted by s. 34 of Act No. 101 of 1980.]


Part IX.

General.


Continuation of existing laws.

107. Subject to the provisions of this Act, all laws which were in force in any part of the Union of South Africa, or in any territory in respect of which Parliament is competent to legislate, immediately prior to the commencement of this Act, shall continue in force until repealed or amended by the competent authority.


Equality of official languages.

108. (1) English and Afrikaans shall be the official languages of the Republic, and shall be treated on a footing of equality, and possess and enjoy equal freedom, rights and privileges.

(2) All records, journals and proceedings of Parliament shall be kept in both the official languages, and all Bills, Acts and notices of general public importance or interest issued by the Government of the Republic shall be in both the official languages.

(3) Notwithstanding the provisions of subsection (1) an Act of Parliament or a proclamation of the State President, issued under an Act of Parliament, whereby a Black area is declared to be a self-governing territory in the Republic, or a later Act of Parliament or a later proclamation of the State President (which in the absence of any other empowering provision may be issued under this subsection) may provide for the recognition of one or more Black languages for any or all of the following purposes, namely―

(a) as an additional official language or as additional official languages of that territory; or

(b) for use in that territory for official purposes prescribed by or under that Act or later Act or by any such proclamation,

and may contain provisions authorizing the use of any such Black language outside the said territory for such purposes connected with the affairs of that territory and subject to such conditions as may be prescribed by or under that Act or later Act or by any such proclamation.

[Sub-s. (3) added by s. 1 of Act No. 9 of 1963, substituted by s. 1 of Act No. 1 of 1971, and amended by s. 17 of Act No. 102 of 1978.]


Equality of use of official languages by provincial councils and local authorities.

109. All records, journals and proceedings of a provincial council shall be kept in both the official languages, and all draft ordinances, ordinances and notices of public importance or interest issued by a provincial administration, and all notices issued and all regulations or by-laws made and all town-planning schemes prepared by any institution or body contemplated in section 84 (1) (f), shall be in both the official languages.

[S. 109 substituted by s. 5 of Act No. 61 of 1972.]


Method of publication of notices, etc., in newspapers.

110. Whenever anything is published in a newspaper at the instance of the State or by or under the directions of any body referred to in paragraph (f) of sub-section (1) of section eighty-four or of the administration of a province, the publication shall take place simultaneously in both official languages and in the case of each language in a newspaper circulating in the area of jurisdiction of the authority concerned which appears mainly in that language, and the publication in each language shall as far as practicable occupy the same amount of space: Provided that where in the area in question any newspaper appears substantially in both of the official languages, publication in both languages may take place in that newspaper.


Administration of Black Affairs, etc.

111. The control and administration of Black affairs and of matters specially or differentially affecting Asiatics throughout the Republic shall vest in the State President, who shall exercise all those special powers in regard to Black administration which immediately prior to the commencement of this Act were vested in the Governor-General-in-Council of the Union of South Africa, and any lands which immediately prior to such commencement vested in the said Governor-General-in-Council for the purpose of reserves for Black locations shall vest in the State President, who shall exercise all such special powers in relation to such reserves as may have been exercisable by the said Governor-General-in-Council, and no lands which were set aside for the occupation of Blacks and which could not at the establishment of the Union of South Africa have been alienated except by an Act of the Legislature of a colony which was incorporated in the Union of South Africa in terms of the South Africa Act, 1909, shall be alienated or in any way diverted from the purposes for which they were set aside except under the authority of an Act of Parliament.

[S. 111 amended by s. 17 of Act No. 102 of 1978.]


Certain rights and obligations under conventions, etc., to vest in Republic.

112. All rights and obligations under conventions, treaties or agreements which were binding on any of the Colonies incorporated in the Union of South Africa at its establishment, and were still binding on the Union immediately prior to the commencement of this Act, shall be rights and obligations of the Republic, just as all other rights and obligations under conventions, treaties or agreements which immediately prior to the commencement of this Act were binding on the Union.


Transfer of certain executive powers.

113. All powers, authorities and functions which immediately prior to the commencement of this Act were in any of the provinces vested in the Governor-General or in the Governor-General-in-Council or in any authority of the province, shall as far as the same continue in existence and are capable of being exercised after the commencement of this Act, be vested in the State President, or in the authority exercising similar powers under the Republic, as the case may be, except such powers, authorities and functions as are by this Act or any other law vested in some other authority.


Petition by provincial councils necessary for alteration of provinces or for abolition of provincial councils.

114. Parliament shall not―

(a) alter the boundaries of any province by declaring any area forming part thereof to be part of any other province, divide a province into two or more provinces, or form a new province out of provinces within the Republic, except on the petition of the provincial council of every province whose boundaries are affected thereby;

[Para. (a) substituted by s. 7 of Act No. 101 of 1981.]

(b) abolish any provincial council or abridge the powers conferred on provincial councils under section eighty-four, except by petition to Parliament by the provincial council concerned.


Affirmation in lieu of oath.

115. Any person who is in terms of any provision of the Act required to make and subscribe an oath of office may in lieu of such oath make and subscribe a solemn affirmation in corresponding form.


Criminal proceedings and transition provisions.

116. (1) (a) All criminal proceedings which immediately prior to the commencement of this Act were required to be instituted in the name of the Queen shall be instituted in the name of the Republic.

(b) Any such proceedings which have not been concluded before the commencement of this Act, or which, having been so concluded, are thereafter reopened, shall be continued in all respects as if this Act had not been passed, except that the proceedings shall thereafter be conducted as if they were instituted in the name of the Republic.

(2) Any civil proceedings instituted prior to the commencement of this Act by or against a Minister as representing the Government of the Union of South Africa or by or against an administrator of a province appointed under the South Africa Act, 1909, which have not been disposed of before such commencement, or, having been so disposed of, are thereafter reopened, may be proceeded with without interruption by or against that Minister as representing the Government of the Republic or by or against the said administrator in his capacity as the person appointed as the administrator of the province concerned under this Act.

(3) Any provision of any law in terms of which any person is required to take an oath or solemn affirmation of allegiance to the King or the Queen, shall be construed as a provision requiring such person to take an oath or solemn affirmation that he will be faithful to the Republic.

(4) Any person who holds an office in the service of the State in respect of which he has prior to the commencement of this Act taken an oath or solemn affirmation of allegiance to the King or the Queen, shall, if required to do so on the direction of the State President, take an oath or solemn affirmation that he will be faithful to the Republic.


References in other laws to Houses or certain officers of Parliament.

117. (1) References in any law―

(a) to any House or the Houses of Parliament, shall be construed as references to the House of Assembly;

[Para. (a) substituted by s. 35 (a) of Act No. 101 of 1980.]

(aA) to Parliament or the Senate or a member thereof or to the Senate and the House of Assembly or to both Houses of Parliament shall, unless inconsistent with the context, be construed as references to the House of Assembly or a member thereof, as the case may be;}}

[Para. (aA) inserted by s. 35 (b) of Act No. 101 of 1980.]

(b) to the Clerk or the Clerk-Assistant of the Senate or the House of Assembly, or to the Secretary or the Deputy Secretary to the Senate or the House of Assembly, shall be construed as references to the Secretary or the Deputy Secretary, respectively, to Parliament.

[Para. (b) substituted by s. 10 (a) of Act No. 33 of 1974.]
[Sub-s. (2) deleted by s. 10 (b) of Act No. 33 of 1974.]


Amendment of Act.

118. (1) Parliament may by law repeal or amend any provision of this Act: Provided that no repeal or amendment of the provisions of this section or of section 108 or of any corresponding provisions of any law substituted therefor, shall be valid unless the bill embodying such repeal or amendment has been agreed to by not less than two-thirds of the total number of members of the House of Assembly.

(2) A provision of a law which is in conflict with a provision of subsection (1), is hereby repealed.

[S. 118 substituted by s. 1 of Act No. 74 of 1980.]


Definitions.

119. In this Act, unless the context otherwise indicates―

“Afrikaans” includes Dutch;

“province” means any of the provinces incorporated in the Union of South Africa by the South Africa Act, 1909;

“Republic” means the Republic of South Africa.


Repeal of laws.

120. (1) The laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.

(2) Any authority constituted or person appointed or power conferred or anything done in pursuance of powers conferred by or by virtue of any provision of any law repealed by sub-section (1) shall be deemed to have been constituted, appointed, conferred or done in pursuance of powers conferred by or by virtue of the corresponding provision of this Act.


Short title and commencement.

121. This Act shall be called the Republic of South Africa Constitution Act, 1961, and shall, save in so far as may be otherwise required for the purpose of giving effect to any provision thereof, come into operation on the thirty-first day of May, 1961.

Schedule.

Laws Repealed.

No. and Year of Law. Title. Extent of Repeal.
9 Edward VII, Ch. 9. The South Africa Act, 1909. The whole, except sections fifty-six, one hundred and fifteen, one hundred and fifty and one hundred and fifty-one and the Schedule.
Act No. 9 of 1920. Constitution of the Senate Act, 1920. The whole.
Act No. 8 of 1925. Official Languages of the Union Act, 1925. The whole.
Act No. 9 of 1925. South Africa Act, 1909, Amendment Act, 1925. The whole.
Act No. 34 of 1925. South Africa Act, 1909, Further Amendment Act, 1925. The whole.
Act No. 1 of 1926. Local Government (Provincial Powers) Act, 1926. Section one.
Act No. 51 of 1926. Payment of Members of Parliament Act, 1926. The whole.
Act No. 54 of 1926. Senate Act, 1926. The whole.
Act No. 40 of 1927. Flags Act, 1927. The whole.
Act No. 21 of 1932. Salaries Reduction Act, 1932. Sections four and five.
Act No. 17 of 1933. South Africa Act Amendment Act, 1933. The whole.
Act No. 29 of 1933. Financial Adjustments Act, 1933. Section two.
Act No. 45 of 1934. South Africa Act Amendment Act, 1934. The whole.
Act No. 69 of 1934. Status of the Union Act, 1934. The whole.
Act No. 70 of 1934. Royal Executive Functions and Seals Act, 1934. The whole.
Act No. 5 of 1935. Census Amendment Act, 1935. The whole.
Act No. 43 of 1935. South Africa Act Amendment Act, 1935. The whole.
Act No. 15 of 1936. Deputy-Administrators Act, 1936. The whole.
Act No. 2 of 1937. His Majesty King Edward the Eighth’s Abdication Act, 1937. The whole.
Act No. 7 of 1937. Coronation Oath Act, 1937. The whole.
Act No. 13 of 1938. South Africa Act Amendment Act, 1938. The whole.
Act No. 42 of 1939. Senate Act, 1939. The whole.
Act No. 19 of 1940. Constitution (Prevention of Disabilities) Act, 1940. Sections one, two and three.
Act No. 20 of 1940. Electoral Laws Amendment Act, 1940. The whole.
Act No. 30 of 1942. Electoral Quota Consolidation Act, 1942. The whole.
[Reference to Act No. 38 of 1945 deleted by s. 32 of Act No. 65 of 1976.]
Act No. 21 of 1946. South Africa Act Amendment Act, 1946. The whole.
Act No. 41 of 1947. Provincial Powers Extension Act, 1947. Sections one, two and three.
Act No. 16 of 1948. Powers and Privileges of Provincial Councils Act, 1948. Section fourteen.
Act No. 17 of 1948. Royal Style and Titles Act, 1948. The whole.
Act No. 2 of 1949. Deputy-Administrators Act, 1949. The whole.
Act No. 39 of 1950. South Africa Act Amendment Act, 1950. The whole.
Act No. 66 of 1951. South Africa Act Amendment Act, 1951. The whole.
Act No. 35 of 1952. High Court of Parliament Act, 1952. The whole.
Act No. 55 of 1952. Electoral Laws Amendment Act, 1952. Section one.
Act No. 6 of 1953. Royal Style and Titles Act, 1953. The whole.
Act No. 10 of 1953. Members of Parliament Act, 1953. The whole.
Act No. 47 of 1953. Black Education Act, 1953. Section sixteen.
[Title of Act No. 47 of 1953 amended by s. 17 of Act No. 102 of 1978.]
Act No. 9 of 1954. Provincial Councils Continuance Act, 1954. The whole.
Act No. 20 of 1954. South Africa Act Amendment Act, 1954. The whole.
Act No. 50 of 1954. Royal Seals Amendment Act, 1954. The whole.
Act No. 9 of 1955. South Africa Act Amendment Act, 1955. The whole.
Act No. 53 of 1955. Senate Act, 1955. Sections one to nine, inclusive.
Act No. 9 of 1956. South Africa Act Amendment Act, 1956. Sections two, three and four.
Act No. 10 of 1956. Official Languages (Local Authorities) Amendment Act, 1956. The whole.
Act No. 39 of 1956. Railways and Harbours Acts Further Amendment Act, 1956. The whole.
Act No. 1 of 1957. South Africa Act Further Amendment Act, 1957. The whole.
Act No. 2 of 1957. South Africa Act Amendment Act, 1957. The whole.
Act No. 18 of 1957. Flags Amendment Act, 1957. The whole.
Act No. 24 of 1957. Official Languages (Local Authorities) Amendment Act, 1957. The whole.
Act No. 1 of 1958. South Africa Act Amendment Act, 1958. The whole.
Act No. 49 of 1958. South Africa Act Further Amendment Act, 1958. The whole.
Act No. 3 of 1959. South Africa Act Amendment Act, 1959. The whole.
Act No. 48 of 1959. South Africa Act Further Amendment Act, 1959. The whole.
Act No. 49 of 1959. Offices of Profit Amendment Act, 1959. The whole.
Act No. 52 of 1960. Referendum Act, 1960. The whole.
Act No. 53 of 1960. Senate Act, 1960. The whole, except section two.