Page:Separate Representation of Voters Act 1951.pdf/3

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Separate Representation of Voters.

Act No. 46 of 1951.

to the registration of the said voters on the Cape Coloured voters’ list.

(3) For the purposes of section one hundred and eighty-six of the principal Act, section two and sub-section (1) of section three of this Act shall be deemed to be a portion of the principal Act.


The European voters’ list.

4. (1) As soon as the Cape Coloured voters’ list has been framed in terms of the provisions of section two, every electoral officer who has been appointed under the principal Act in respect of any area of the province of the Cape of Good Hope, shall prepare a separate voters’ list for white persons whose names are included in the voters’ lists framed under the principal Act (hereinafter called the European voters’ list), for each division in the area for which he has been appointed.

(2) (a) The European voters’ list for each division shall be framed by removing from the list in force at the date of commencement of this Act (hereinafter called the existing voters’ list) the names of all persons which are included in the Cape Coloured voters’ list, and shall thereafter be maintained, in terms of the provisions of the principal Act, as a separate voters’ list for white persons qualified to vote in such division, and shall not include the names of any non-Europeans.

(b) Subject to the provisions of sub-section (7) of section two, a person who in appearance obviously is a white person shall for the purposes of this sub-section be presumed to be a white person, until the contrary is proved.

(3) (a) As soon as, after the date of commencement of this Act, there has been a delimitation of electoral divisions in the Union in terms of section forty-one of the South Africa Act, 1909 (hereinafter called a new Union delimitation) and a general election is held for the House of Assembly, the European voters’ list shall be the voters’ list in the divisions concerned for the election under the provisions of the principal Act of members of the House of Assembly, representing constituencies in the province of the Cape of Good Hope, for the election of whom provision is made by the South Africa Act, 1909; and as soon as, after the said date and after a new Union delimitation, a general election of provincial councillors, for the election of whom provision is so made takes place in the province of the Cape of Good Hope, the European voters’ list shall similarly be the voters’ list in the divisions concerned for the election of such provincial councillors.

(b) For the purpose of the division of the province of the Cape of Good Hope into electoral divisions in terms of section forty of the South Africa Act, 1909, the words “the total number of voters” in sub-section (1) of the said section, shall after the date of commencement of this Act be deemed to refer to the total number of voters in the European voters’ list.