Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/7

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Government Gazette, 1 August 1980
No. 7152     13

Republic of South Africa Constitution Fifth Amendment Act, 1980.
Act No. 101, 1980.
Amendment of section 55 of Act 32 of 1961, as amended by section 20 of Act 101 of 1969, section 20 of Act 102 of 1972, section 22 of Act 62 of 1973 and section 1 of Act 99 of 1979.

22. Section 55 of the principal Act is hereby amended by the deletion of the words “Senate or the”, wherever they occur, and of the words “or the Senate and the House of Assembly”.


Substitution of section 56 of Act 32 of 1961.

23. The following section is hereby substituted for section 56 of the principal Act:

“Vacation of seats

56. A [senator or] member of the House of Assembly shall vacate his seat, if he―

(a) becomes subject to any of the disabilities mentioned in section 55; or
(b) ceases to be qualified as required by law; or
(c) fails for a whole ordinary session to attend without the special leave of the [Senate or the] House of Assembly, [as the case may be,] unless his absence is due to his serving, while the Republic is at war, with the South African Defence Force or any other force or service established by or under the Defence Act, 1957 (Act No. 44 of 1957).”.


Amendment of section 57 of Act 32 of 1961.

24. Section 57 of the principal Act is hereby amended by the deletion of the words “senator or” and the words “Senate or the”.


Substitution of section 58 of Act 32 of 1961.

25. The following section is hereby substituted for section 58 of the principal Act:

“Rules of procedure.

58. The House of Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.”.


Repeal of section 60 of Act 32 of 1961, as amended by section 2 of Act 60 of 1976.

26. Section 60 of the principal Act is hereby repealed.


Repeal of section 63 of Act 32 of 1961.

27. Section 63 of the principal Act is hereby repealed.


Amendment of section 64 of Act 32 of 1961.

28. Section 64 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) The State President may return to the [Senate or the] House of Assembly [in whichever it may have originated] any Bill so presented to him and may transmit therewith any amendments which he may recommend, and the [Senate or the] House of Assembly [as the case may be] may deal with the recommendation.”.


Amendment of section 66 of Act 32 of 1961, as amended by section 3 of Act 61 of 1972.

29. Section 66 of the principal Act is hereby amended by the deletion in subsection (3) of the words “to the Senate and”.


Amendment of section 70 of Act 32 of 1961.

30. Section 70 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Any member of a provincial council who becomes a member of the [Senate] President’s Council or the House of Assembly, shall cease to be a member of such provincial council.”.