Page:Constitution of the Republic of South Africa Amendment Act 2003 from Government Gazette.djvu/3

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Act No. 2, 2003

Constitution of the Republic of South Africa Amendment Act, 2003

Be it therefore enacted by the Parliament of the Republic of South Africa, as follows:—

Amendment of section 46 of Act 108 of 1996

1. Section 46 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution), is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

“[The] Subject to Schedule 6A, the National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that—”.

Amendment of section 47 of Act 108 of 1996

2. Section 47 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) A person loses membership of the National Assembly if that person—

(a)

ceases to be eligible; [or]

(b)

is absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership; or

(c)

ceases to be a member of the party that nominated that person as a member of the Assembly, unless that member has become a member of another party in accordance with Schedule 6A.”.

Amendment of section 105 of Act 108 of 1996

3. Section 105 of the Constitution is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

“[A] Subject to Schedule 6A, a provincial legislature consists of women and men elected as members in terms of an electoral system that—”.

Amendment of section 106 of Act 108 of 1996

4. Section 106 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) A person loses membership of a provincial legislature if that person—

(a)

ceases to be eligible; [or]

(b)

is absent from the legislature without permission in circumstances for which the rules and orders of the legislature prescribe loss of membership; or

(c)

ceases to be a member of the party that nominated that person as a member of the legislature, unless that member has become a member of another party in accordance with Schedule 6A.”.

Amendment of Schedule 6A to Act 108 of 1996, as inserted by section 2 of Act 18 of 2002

5. Schedule 6A to the Constitution is hereby amended by the deletion of item 9.

Insertion of Schedule 6A in Act 108 of 1996

6. The following Schedule is hereby inserted in the Constitution after Schedule 6, the existing Schedule 6A becoming Schedule 6B:

“Schedule 6A

Retention of membership of National Assembly or provincial legislature, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties