Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/47

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(2) The provincial legislature shall sit during such periods and on such days and during such hours as it may determine: Provided that the Premier of a province may at any time by proclamation in the Provincial Gazette summon the provincial legislature to an extraordinary sitting for the dispatch of urgent business.

Speaker and Deputy Speaker of provincial legislature

131. (1) At its first sitting after it has been convened under section 130(1), and after the election of the Premier of the province, a provincial legislature with a judge of the Supreme Court designated by the Chief Justice acting as the chairperson, shall elect one of its members to be the Speaker, and shall thereafter elect another of its members to be the Deputy Speaker of such legislature.

(2) The provisions of Schedule 5 and section 41(3) to (10) shall apply mutatis mutandis in respect of the Speaker and the Deputy Speaker of a provincial legislature.

Qualification for membership of provincial legislatures

132. (1) No person shall be qualified to become or remain a member of a provincial legislature unless he or she is qualified to become a member of the National Assembly.

(2) A member of a provincial legislature who is elected as the Premier or appointed as a member of the Executive Council of a province shall for the purposes of section 42(1)(e) be deemed not to hold an office of profit under the Republic.

(3) The provisions of section 40(2) , (3), (4) and (5) shall mutatis mutandis apply to a person nominated as a candidate for election to a provincial legislature, and in any such application a reference in that section to a regional list shall be construed as a reference to a provincial list as contemplated in Schedule 2.

Vacation of seats and filling of vacancies

133. (1) A member of a provincial legislature shall vacate his or her seat if he or she—

(a)

ceases to be eligible to be a member of the provincial legislature in terms of section 132;

(b)

ceases to be a member of the party which nominated him or her as a member of the provincial legislature;

(c)

resigns his or her seat by submitting his or her resignation in writing to the Secretary of the provincial legislature;

(d)

absents himself or herself voluntarily from sittings of the provincial legislature for 30 consecutive sitting days, without having obtained the leave of the provincial legislature in accordance with the rules and orders; or

(e)

becomes a member of the National Assembly or the Senate.

(2) The provisions of section 44(1) and (2) shall apply mutatis mutandis in respect of the filling of vacancies in a provincial legislature, and in any such application a reference to—

(a)

the National Assembly shall be construed as a reference to a provincial legislature; and

(b)

a list of party candidates shall be construed as a reference to a list referred to in section 127(3).

(3) A nomination in terms of this section shall be submitted in writing to the Speaker of the provincial legislature in question.

Oath or affirmation by members

134. Every member of a provincial legislature, before taking his or her seat, shall make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before a judge of the Supreme Court designated by the Chief Justice for this purpose, or, in the case of a member nominated under section 133, before the Speaker of the provincial legislature.