Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/6

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Substitution of section 52 of Act 32 of 1961, as amended by section 2 of Act 9 of 1967.

19. The following section is hereby substituted for section 52 of the principal Act:

“Oath.

52. Every [senator and every] member of the House of Assembly shall, before taking his seat, make and subscribe before the State President, or some person authorized by him, an oath in the following form: I, A.B., do swear to be faithful to the Republic of South Africa and solemnly promise to perform my duties as a member of the [Senate] House of Assembly to the best of my ability. So help me God.”.

Substitution of section 53 of Act 32 of 1961.

20. The following section is hereby substituted for section 53 of the principal Act:

“Effect of dissolution of House of Assembly.

53. Notwithstanding any dissolution of [the Senate or] the House of Assembly under this Act, whether by effluxion of time or otherwise―

(a)		every person who at the date of the dissolution is a member of the [body concerned] House of Assembly shall remain a member thereof;
(b)		the [said body] House of Assembly shall remain competent to perform its functions; and
(c)		the State President shall have power to summon [Parliament] the House of Assembly for the dispatch of business,

during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.”.

Substitution of section 54 of Act 32 of 1961, as amended by section 2 of Act 70 of 1980.

21. The following section is hereby substituted for section 54 of the principal Act:

“Vacating of seats by members and powers of Ministers in House of Assembly.

54. (1) A member of the [Senate] President’s Council who is elected or nominated as a member of the House of Assembly or a provincial council shall vacate his seat as a [senator] member of the President’s Council with effect from the date on which he becomes a member of the House of Assembly or such provincial council. (2) A member of the House of Assembly who is [elected or nominated] appointed as a member of the [Senate] President’s Council, shall vacate his seat as a member of the House of Assembly with effect from the date on which he becomes a member of the [Senate] President’s Council. (3) A member of the [Senate or the] House of Assembly who is elected as a member of a provincial council shall cease to be a member of the [Senate or the] House of Assembly with effect from the date upon which he becomes a member of that provincial council. [(4) A Minister who is a member of the Senate or the House of Assembly and a member of the Senate or the House of Assembly holding office as a deputy to any Minister, shall have the right to sit and speak in the Senate and in the House of Assembly, but shall vote only where he is a member.] [(5)] (4) A Minister who is not a member of the [Senate or the] House of Assembly shall have the right to sit and to speak in the [Senate and in the] House of Assembly, but shall not vote [in the Senate or the House of Assembly] therein.”.