Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/4

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

Election of State President.

7. (1) (a) The State President shall be elected by the members of an electoral college present at a meeting called in accordance with the provisions of this section and presided over by the Chief Justice or a judge of appeal designated by him.

(b) An electoral college referred to in paragraph (a) shall be constituted whenever necessary in terms of this Act, and shall consist of―

(i)

50 members of the House of Assembly designated by it by resolution;

(ii)

25 members of the House of Representatives designated by it by resolution;

(iii)

13 members of the House of Delegates designated by it by resolution,

or, in the case of a particular House, such smaller number of members thereof, if any, as may be so designated by it.

(c) A member of a House referred to in section 41 (1) (b) or (c), 42 (1) (b) or (c) or 43 (1) (b) or (c) may not be designated as a member of an electoral college or participate in the voting or other proceedings of the House in question in connection with a resolution contemplated in paragraph (b) of this subsection.

(d) A House shall designate the relevant members of a particular electoral college as often as it may deem necessary.

(e) An electoral college shall dissolve after disposing of the matters for which it is constituted in terms of this Act.

(2) The election of a State President shall be held, subject to the provisions of subsection (4), at a time and place fixed by the Chief Justice and made known by notice in the Gazette not less than 14 days before the election.

(3) The date so fixed shall―

(a)

in the case of the first such election, be a date not more than seven days after the commencement of the first session of Parliament after the commencement of this Act;

(b)

whenever a general election of members of the Houses has been held after a dissolution of Parliament, be a date not more than seven days after the commencement of the first session of Parliament after the general election;

(c)

if the State President dies or for any other reason vacates his office before the expiration of his period of office and his successor in office has then not yet been elected, be a date not more than one month after the office became vacant: Provided that if the State President resigns and intimates in his resignation lodged with the Chief Justice in terms of section 9 (4) that he will vacate his office on a day not less than one month after the date of the lodging of his resignation, a date earlier than the day on which the office becomes vacant, shall be so fixed.

(4) If any electoral college removes the State President from office in terms of section 9, it shall forthwith proceed to elect a State President.

(5) No person may be elected or serve as State President unless he is qualified to be nominated or elected and take his seat as a member of a House.

(6) Any person who holds a public office in respect of which he receives any remuneration or allowance out of public funds, and who is elected as State President, shall vacate such office with effect from the date on which he is elected.

Method of election.

8. (1) Nominations of candidates for election as State President shall be called for at the meeting of the electoral college at which the election is to take place, by the person presiding at the meeting.