Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/10

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Government Gazette, 1 August 1980
No. 7152     19

Republic of South Africa Constitution Fifth Amendment Act, 1980.
Act No. 101, 1980.


person or State institution on any matter and may for those purposes establish consultative committees consisting of members of the said council or such committee, as the case may be, and members of any council or board established by the State President in terms of any other law;
(b) may in its discretion and for the said purposes, and shall when the State President requests the council that it be done for those purposes, consult with a council consisting of Black South African citizens and established under an Act of Parliament, or with any committee of such a council.

(5) Advice received by the State President in terms of this section shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof if the House of Assembly is in session or within 14 days after the commencement of its next ensuing session if the House of Assembly is not in session.

(6) The chairman of the President’s Council may, for the purposes of a report to such council on any matter, appoint a committee from among the members of the council and may designate any member of such committee as chairman thereof.”.


Amendment of section 117 of Act 32 of 1961, as amended by section 10 of Act 33 of 1974.

35. Section 117 of the principal Act is hereby amended―

(a) by the substitution for paragraph (a) of subsection (1) of the following paragraph:
(a) to any House or the Houses of Parliament, shall be construed as references to the [Senate or the] House of Assembly [or both the Senate and the House of Assembly, as the context may require];”; and
(b) by the insertion after the said paragraph of the following paragraph:
(aA) to Parliament or the Senate or a member thereof or to the Senate and the House of Assembly or to both Houses of Parliament shall, unless inconsistent with the context, be construed as references to the House of Assembly or a member thereof, as the case may be;”.


Deletion of “Arrangement of Sections” in Act 32 of 1961.

36. The principal Act is hereby amended by the deletion of all the words following upon the Schedule.


Short title, commencement and transitional provisions.

37. (1) This Act shall be called the Republic of South Africa Constitution Fifth Amendment Act, 1980, and the provisions thereof, excluding the provisions of sections 1, 5, 6, 7, 8, 9, 10, 11 (a), 17 and 34 and of this section, shall come into operation on the first day of January 1981.

(2) The provisions of the said sections 1, 5, 6, 7, 8, 9, 10, 11 (a), 17 and 34 shall come into operation on a date fixed by the State President by proclamation in the Gazette, and he may so fix different dates in respect of different provisions.

(3) Any person nominated or elected as a member of the House of Assembly in terms of section 40 (1) (b) or (c) of the principal Act, shall hold office with effect from the date of his nomination or election, and from that date such person shall be required to comply with the requirements with which a person is required to comply who accepts a nomination to be elected as a member of the House of Assembly or who has been elected as such, and any consequences resulting from such nomination or election shall be applicable to such person.

(4) A person who has been nominated or elected as a member of the House of Assembly in terms of section 40 (1) (b) or (c) of the principal Act prior to the first dissolution of the House of Assembly after the commencement of the appropriate provision of