Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/25

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

to be elected or nominated and take his seat as a member of a House:

Provided that the provisions of section 54 (e) shall not apply with reference to the qualification of a person to be designated or appointed as a member of the President’s Council or to be such a member.

(2) A member of the President’s Council shall hold office until the next ensuing dissolution of that Council in terms of section 77, but shall be eligible for redesignation or reappointment.

(3) A member of the President’s Council shall vacate his office―

(a)

on the dissolution of that Council;

(b)

subject to the proviso to subsection (1), if he becomes disqualified to be elected or nominated and take his seat as a member of any House;

(c)

if he becomes a member of a House or of a provincial council;

(d)

in the case of a member designated by a House which was thereafter dissolved, if the House constituted after the general election held in pursuance of such dissolution, withdraws the designation of that member―

(i)

where it was a dissolution of Parliament, by a resolution adopted before that member vacates his office in terms of paragraph (a) of this subsection;

(ii)

where it was a dissolution of such House only, by a resolution adopted within seven days after the first meeting of the House as reconstituted;

(e)

in the case of a member appointed otherwise than in terms of section 70 (2) by a State President who thereafter resigned his office or was removed from office or died, if the appointment of such member is withdrawn by the newly elected State President within seven days after having assumed office;

(f)

in the case of a member appointed by the State President in terms of subsection (2) of section 70, on the date on which a person nominated under that subsection for appointment in the place of the member concerned, by competent members of the House in question at a meeting of such members called in terms of paragraph (c) (ii) of that subsection, becomes a member of the President’s Council by virtue of his appointment in terms of paragraph (e) of that subsection.

(4) A member of the President’s Council may resign as such member by lodging his resignation in writing with the State President, who shall, in the case of a member designated by a House, forthwith notify the Chairman of the House in question of the resignation.

(5) The designation or redesignation of a person as a member of the President’s Council by a House during the period in which a member’s designation may be withdrawn under subsection (3) (d) (i) of this section, shall take effect on the day on which the then existing President’s Council dissolves in terms of section 77, and shall be a designation as a member of the President’s Council constituted on or after that day.

Chairman of President’s Council.

72. (1) The President’s Council shall elect a Chairman from among its members at its first meeting after its constitution, at which a person designated by the State President shall preside until a Chairman is elected.

(2) The Chairman of the President’s Council shall hold office until the dissolution of that Council in terms of section 77 unless he―

(a)

ceases earlier to be a member of that Council; or

(b)

resigns as Chairman by lodging his resignation in writing with the State President; or

(c)

is removed from office as Chairman by resolution of that Council.

(3) The President’s Council shall at its first meeting elect one of its members as Deputy Chairman, who shall act in the stead of the Chairman when the Chairman is unable to perform the functions of his office.