Page:Senate Act 1955.djvu/2

---

Act No. 53 of 1955.

(b)

Any dissolution of the Senate under paragraph (a) of this sub-section shall for all purposes be deemed to be a dissolution of the Senate under paragraph (a) of section one of the Senate Act, 1926 (Act No. 54 of 1926).

Constitution of the Senate.

2. (1) The Senate shall, subject to the provisions of the Representation of Natives Act, 1936, and of the South-West Africa Affairs Amendment Act, 1949, consist of―

(a)

sixteen senators nominated by the Governor-General; and

(b)

so many senators, but not less than eight, in the case of each province as are equal (to the nearest figure) to one-fifth of the number of the electoral divisions into which that province has at the last delimitation under the South Africa Act, 1909, for the election of members of the House of Assembly been divided, together with the electoral divisions into which that province has been so divided for the election of provincial councillors.

(2) The Senators referred to in paragraph (b) of sub-section (1) shall in the case of each province be elected jointly by the then sitting members of the House of Assembly and provincial councillors for that province other than the members elected under the Representation of Natives Act, 1936.

Nominated senators.

3. (1) The senators nominated by the Governor-General in terms of paragraph (a) of sub-section (1) of section two shall, subject to the provisions of section one of the Senate Act, 1926 (Act No. 54 of 1926), hold their seats for five years.

(2) One-half of the senators so nominated shall be selected on the ground mainly of their thorough acquaintance by reason of their official experience or otherwise, with the reasonable wants and wishes of the coloured races in South Africa.

(3) If the seat of a senator so nominated becomes vacant, the Governor-General shall nominate another person to hold the seat until the completion of the period for which the person in whose stead he is nominated would have held the seat.

Elected senators.

4. (1) The senators elected under sub-section (2) of section two shall hold their seats for five years unless the Senate be sooner dissolved.

(2) If the seat of an elected senator becomes vacant, the then sitting members of the House of Assembly and the provincial councillors for the province concerned (other than the members elected under the Representation of Natives Act, 1936), shall elect a person to hold the seat until the completion of the period for which the person in whose stead he is elected, would have held the seat.

(3) Senators shall be elected by majority vote each voter having one non-transferable vote for each senator to be elected.

(4) If two or more persons who are at any election of senators candidates for the same seat, receive the same number of votes, a re-election of a senator for that seat shall be held forthwith

---