Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/5

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Amendment of section 21 of Act 32 of 1961, as amended by section 1 of Act 65 of 1962.

12. Section 21 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) No person appointed under this section shall hold office for a longer period than three months unless he is or becomes a member of the [Senate or the] House of Assembly.”

Substitution of section 24 of Act 32 of 1961.

13. The following section is hereby substituted for section 24 of the principal Act:

“Legislative power.

24. The legislative power of the Republic is vested in the Parliament of the Republic, which consists of the State President and a House of Assembly.”.

Substitution of section 25 of Act 32 of 1961.

14. The following section is hereby substituted for section 25 of the principal Act:

“Sessions of House of Assembly.

25. The State President may appoint such times for holding the sessions of the House of Assembly as he thinks fit, and may also from time to time, by proclamation in the Gazette or otherwise, prorogue the House of Assembly.”.

Substitution of section 26 of Act 32 of 1961.

15. The following section is hereby substituted for section 26 of 20 the principal Act:

“Annual session of House of Assembly.

26. There shall be a session of the House of Assembly at least once in every year, so that a period of 12 months shall not intervene between the last sitting of the House of Assembly in one session and its first sitting in the next session.”.

Repeal of heading before section 28 and of sections 28 to 31 and 33 to 39 of Act 32 of 1961.

16. The heading before section 28, and sections 28, 29, 30, 31, 33, 34, 35, 36, 37, 38 and 39, of the principal Act are hereby repealed.

Amendment of section 40 of Act 32 of 1961, as amended by section 1 of Act 83 of 1965, section 4 of Act 50 of 1968, section 81 of Act 79 of 1973 and Proclamation No. R.249 of 1977.

17. Section 40 of the principal Act is hereby amended―

(a)

by the substitution for subsection (1) of the following subsection:

“(1) The House of Assembly shall be composed of―

“(a)		165 members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section 43;
(b)		four members nominated by the State President, of whom one shall be nominated from each province;
(c)		eight members elected by the members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote.”; and

(b)

by the insertion after the said subsection (1) of the following subsections:

“(1A) The State President may make regulations in regard to the election of members in terms of subsection (1) (c), including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such election of members.

(1B) A casual vacancy in the seat of a member nominated or elected in terms of subsection (1) (b) or (c) shall be filled by the nomination or election of a member for the unexpired portion of the period of office of the member in whose stead he is nominated or elected, and in the same manner in which the last-mentioned member was nominated or elected.”.

Deletion of heading preceding section 52 of Act 32 of 1961.

18. The heading “Both Senate and House of Assembly” immediately preceding section 52 of the principal Act is hereby deleted.