Constitution Amendment Act, 1982
To amend the Republic of South Africa Constitution Act, 1961, so as to increase the number of deputy ministers that may be appointed under section 21; to make special provision for the representation of Walvis Bay in the House of Assembly and in the Provincial Council of the Cape of Good Hope; to render service with any institution, council or body contemplated in section 84 (1) (f) a disability for membership of the House of Assembly or a provincial council; to further regulate the exemption from the provisions of section 55 (d) on the grounds of membership of certain bodies; to provide that an elected member of the executive committee of a province may be removed from office by the provincial council; and to remove the disability for membership of the President’s Council relating to an office of profit under the Republic; to empower the State President to repeal section 40A, by which the said special provision is made; and to provide for matters connected therewith.
(English text signed by the State President.)
(Assented to 23 June 1982.)
Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―
1. Section 21 of the Republic of South Africa Constitution Act, 1961 (hereinafter referred to as the principal Act), is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:
|“(b)||Not more than [six] nine persons may be appointed under this subsection.”|
2. The principal Act is hereby amended by the insertion after section 40 of the following section:
|“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―
(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―
3. Section 55 of the principal Act is hereby amended―
|(a)||by the insertion after paragraph (c) of the following paragraph:
|(b)||by the substitution for subparagraph (vi) of paragraph (d) of the following subparagraph:
4. Section 76 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
“(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.”.
5. Section 103 of the principal Act is hereby amended by the insertion at the end of paragraph (c) of the word “or”, the deletion of the word “or” at the end of paragraph (d) and the deletion of paragraph (e).
6. For the purposes of the first election in the electoral division of Walvis Bay of a member of the House of Assembly in terms of section 40A of the principal Act as inserted by section 2 of this Act and a member of the Provincial Council of the Cape of Good Hope in terms of sections 68 and 69 of the principal Act read with the said section 40A―
|(a)||the seats in question shall be deemed to have become vacant on the date determined under section 7 (2) of this Act;|
|(b)||notices as contemplated in section 188 (2) of the Electoral Act, 1979 (Act No. 45 of 1979), shall be deemed to have been published in respect of the vacancies in the Gazette and in the Official Gazette of the said province; and|
|(c)||the voters’ list for the electoral division of Walvis Bay shall be prepared as if the voters’ list for polling district No. 1 of the electoral division of Green Point, as it existed immediately before the said date, had at all relevant times before that date been a voters’ list for the electoral division of Walvis Bay.|