Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/2

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General explanatory note:

[                    ]	Words in bold type in square brackets indicate omissions from existing enactments.
	Words underlined with solid line indicate insertions in existing enactments.

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Act

To amend the Republic of South Africa Constitution Act, 1961, to establish the office of Vice State President; to define the functions of the Vice State President; to provide for an increase in the number of Ministers; to abolish the Senate; to prescribe afresh the composition of the House of Assembly; to establish a President’s Council; and to define its functions; and to provide for matters connected therewith.

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(Afrikaans text signed by the State President.)
(Assented to 1 July.)

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Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―

Amendment of heading to Part III of Act 32 of 1961.

1. The heading to Part III of the Republic of South Africa Constitution Act, 1961 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the words “The State President” of the following words:

“The State President and the Vice State President.”.

Amendment of section 7 of Act 32 of 1961.

2. Section 7 of the principal Act is hereby amended―

(a)

by the substitution for paragraph (a) of subsection (3) of the following paragraph:

“(a)

with due regard to the provisions of this Act to dissolve [the Senate or the House of Assembly or the Senate and the House of Assembly simultaneously] the House of Assembly;”; and

(b)

by the substitution for paragraph (e) of subsection (3) of the following paragraph:

“(e)

with due regard to the provisions of this Act to appoint the times for the holding of sessions of [Parliament] the House of Assembly and to prorogue [Parliament] the House of Assembly;”.

Amendment of section 8 of Act 32 of 1961, as amended by section 1 of Act 9 of 1967 and section 8 of Act 33 of 1974.

3. Section 8 of the principal Act is hereby amended―

(a)		by the substitution for subsection (1) of the following subsection: “(1) The State President shall be elected by an electoral college consisting of the members of [the Senate and] the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of South Africa or a judge of appeal designated by him.”; and
(b)		by the substitution for subsection (4) of the following subsection: “(4) No person may be elected or serve as State President unless he is qualified to be nominated or elected and to take his seat as a member of the [Senate] House of Assembly.”.