Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/38

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38     No. 18596
Staatskoerant, 15 Januarie 1998

Act No. 1, 1998 Constitution of the Western Cape, 1997


The text assented to and signed by the Premier must be published in both the national Government Gazette and the official gazette of the Province. It takes effect on publication or on a later date determined in terms of the new constitution or the constitutional amendment.


The signed text of a new constitution or a constitutional amendment is conclusive evidence of its provisions. After publication, it must be entrusted to the Constitutional Court for safekeeping.



The Provincial Parliament consists of 42 elected members.

Election of Provincial Parliament


The Provincial Parliament consists of persons elected as members in terms of an electoral system that—


is prescribed by national legislation;


is based on the Province's segment of the national common voters roll;


provides for a minimum voting age of 18 years; and


results, in general, in proportional representation.




Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Provincial Parliament, except—


anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than—


the Premier and other Provincial Ministers of the Western Cape; and


other office-bearers whose functions are compatible with the functions of a member of the Provincial Parliament, and have been declared compatible with those functions by national legislation;


members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council;


unrehabilitated insolvents;


anyone declared to be of unsound mind by a court of the Republic; or


anyone who, after 3 February 1997, has been or is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.


A person who is not eligible to be a member of the Provincial Parliament in terms of subsection (1)(a) or (b) may be a candidate for the Provincial Parliament, subject to any limits or conditions determined by national legislation.