Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/19

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

(b)

is of or over the age of 18 years; and

(c)

is not subject to any of the disqualifications mentioned in section 4 (1) or (2) of the Electoral Act, 1979,

shall, on compliance with and subject to the provisions of the Electoral Act, 1979, be entitled to vote at any election of a member of the House of Assembly, the House of Representatives and the House of Delegates, respectively, in the electoral division of the House in question determined in accordance with the last-mentioned Act.

Qualifications of members of Houses.

53. No person shall be qualified to be a member of a House under this Act unless he―

(a)

is qualified to be included as a voter in any list of voters of the House in question in an electoral division thereof; and

(b)

has resided for five years within the limits of the Republic.

Disqualifications for membership of Houses.

54. No person shall be capable of being elected or nominated or of sitting as a member of a House if he―

(a)

has at any time been convicted of any offence for which he has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he has received a grant of amnesty or a free pardon, or unless the period of such imprisonment expired at least five years before the date of his election or nomination; or

(b)

is an unrehabilitated insolvent; or

(c)

is of unsound mind, and has been so declared by a competent court; or

(d)

is an officer or other employee in the service of any institution, council or body contemplated in section 84 (1) (f) of the previous Constitution; or

(e)

holds any office of profit under the Republic: Provided that the following persons shall be deemed not to hold an office of profit under the Republic for the purposes of this paragraph, namely—

(i)

a Minister of the Republic, or any person holding office as deputy to any Minister;

(ii)

a person in receipt of a pension from the Republic;

(iii)

an officer or member of the South African Defence Force on retired or half-pay, or an officer or member of the South African Defence Force whose services are not wholly employed by the Republic;

(iv)

any person who has been appointed or has become a justice of the peace under section 2 of the Justices of the Peace and Commissioners of Oaths Act, 1963;

(v)

any person appointed as an appraiser under section 6 of the Administration of Estates Act, 1965, or deemed to have been so appointed;

(vi)

any person who, while the Republic is at war, is an officer or member of the South African Defence Force or any other force or service established by or under the Defence Act, 1957;

(vii)

a member of any council, board, committee or similar body established by or under any law who receives no payment in respect of his services on such council, board, committee or body in excess of an allowance at a rate not exceeding the amount determined by the Minister of Finance by notice in the Gazette from time to time for each day on which he renders such services, any reimbursement of travelling expenses and subsistence expenses incurred by him in the course of such services and an allowance in respect of entertaining by him in connection with such services;

(viii)

a member of a commission of inquiry or a committee of inquiry appointed by the State President or