Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/16

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

(3) A nominated or indirectly elected member of a House who―

(a)

remains a member of the House in terms of section 40 up to and including the day immediately preceding the polling day for the relevant election referred to in that section; and

(b)

is not elected as a member of the House in question at that election,

shall, during the period which in terms of subsection (4) of this section is applicable in his case, be deemed to have been nominated or elected on that polling day as a nominated member or, as the case may be, as an indirectly elected member of that House, and, in the case of a nominated member of the House of Assembly, from the province from which he was in fact nominated.

(4) Any person who is a member of a House in terms of the provisions of subsection (3) shall cease to be a member of such House in terms of those provisions―

(a)

in the case of a person deemed in terms of those provisions to have been nominated from a particular province as a member of the House of Assembly, on the day on which a nominated member of that House is nominated from that province in pursuance of the relevant dissolution of that House referred to in section 40, or, if such a member is not so nominated within the period of 45 days after the polling day of the general election held in pursuance of that dissolution, at the expiration of that period; and

(b)

in the case of a person deemed in terms of those provisions to be an indirectly elected member of a House or a nominated member of a House other than the House of Assembly, on the first day on which indirectly elected or, as the case may be, nominated members of the House in question are elected or nominated in pursuance of the relevant dissolution referred to in section 40, or, if no such members are elected or nominated within the period of 45 days after the polling day of the general election held in pursuance of that dissolution, at the expiration of that period: Provided that such person, if he is elected or nominated as such a member but not on such first day, shall be deemed to have remained a member of the House in question up to and including the day immediately preceding the day on which he is so elected or nominated.

Polling day at general elections.

47. (1) At any general election of members of the Houses held in pursuance of a dissolution of Parliament, all polls shall be taken on one and the same day in all the electoral divisions of all three Houses throughout the Republic, such day to be appointed by the State President.

(2) At any general election of members of a House held in pursuance of its dissolution otherwise than at a dissolution of Parliament, all polls shall be taken on one and the same day in all the electoral divisions of that House throughout the Republic, such day to be appointed by the State President.

(3) The day appointed by the State President in terms of sub-section (1) or (2), shall be a day not more than 180 days after the dissolution of Parliament or the House in question, as the case may be.

Delimitation of electoral divisions.

48. (1) At intervals of not less than five years and not more than 10 years, commencing, in the case of the House of Assembly, from the last delimitation of its electoral divisions in terms of the previous Constitution, and, in the case of the House of Representatives or the House of Delegates, from the first delimitation of electoral divisions of the House in question in terms of this Act, 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 41 (2), 42 (2) or 43 (2), as the case may be, divide the Republic, for the purpose of the election of directly elected members of the