Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/18

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

possible date, shall be deemed not to be voters in that province; and

(iii)

the number of members of the House of Assembly to be elected in that province, shall be deemed not to include a member for that electoral division.

Powers and duties of delimitation commission.

50. (1) A delimitation commission, having delimited the electoral divisions of a House, shall submit to the State President―

(a)

a list of the electoral divisions, with the names given to them by the commission and a description of the boundaries of each division;

(b)

a map or maps showing the electoral divisions into which the provinces have been divided;

(c)

such further particulars as it considers necessary.

(2) The State President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The State President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a redivision, the electoral divisions so named and defined shall be the electoral divisions of the House in question in the Republic and the provinces.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description or, if the description has been amended in terms of subsection (5), the description as so amended shall prevail.

(5) (a) If the commission is satisfied that any such discrepancy as aforesaid is due to an error in the description of the boundaries of any electoral division, it shall in writing inform the State President accordingly, and submit an amendment of the relevant description, correcting the error and certified by the commission, to the State President, unless the period allowed in terms of paragraph (c) for such an amendment has expired.

(b) Subject to the provisions of paragraph (c), the State President shall by proclamation in the Gazette make known any amendment submitted to him in terms of paragraph (a), and thereafter, until there shall be a redivision, the boundaries as so amended shall be the boundaries of the electoral division in question, notwithstanding the provisions of subsection (3).

(c) No description of the boundaries of any electoral division shall be amended under this subsection after the date on which the proclamation in respect of the first general election for members of the House in question held after the completion of the relevant redivision is published in the Gazette in terms of section 34 of the Electoral Act, 1979.

(6) (a) The State President may by proclamation in the Gazette alter the name of any electoral division as made known under subsection (3).

(b) The name given to any electoral division under paragraph (a) shall, notwithstanding the provisions of subsection (3), be the name of that electoral division until there shall be a redivision.

Date from which alteration of electoral divisions takes effect.

51. Any alteration in the number of members of a House to be elected in the several provinces, and any redivision of the provinces into electoral divisions of a House, shall come into operation at the next general election of directly elected members of the House in question held after the completion of the redivision or of any allocation consequent upon such alteration, and not earlier.

Franchise.

52. Every White person, Coloured person and Indian who―

(a)

is a South African citizen in terms of the South African Citizenship Act, 1949; and