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Republic of South Africa Constituion Act 110 of 1983

ACT

To introduce a new constitution for the Republic of South Africa and to provide for matters incidental thereto.

(English text signed by the State President.)

(Assented to 22 September 1983.)

IN HUMBLE SUBMISSION to Almighty God,

Who controls the destinies of peoples and nations,

Who gathered our forebears together from many lands and gave them this their own,

Who has guided them from generation to generation,

Who has wondrously delivered them from the dangers that beset them,

WE DECLARE that we

ARE CONSCIOUS of our responsibility towards God and man;

ARE CONVINCED of the necessity of standing united and of pursuing the following national goals:

To uphold Christian values and civilized norms, with recognition and protection of freedom of faith and worship,

To safeguard the integrity and freedom of our country,

To uphold the independence of the judiciary and the equality of all under the law,

To secure the maintenance of law and order,

To further the contentment and the spiritual and material welfare of all,

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To respect and to protect the human dignity, life, liberty and property of all in our midst,

To respect, to further and to protect the self-determination of population groups and peoples,

To further private initiative and effective competition;

ARE PREPARED TO ACCEPT our duty to seek world peace in association with all peace-loving peoples and nations; and

ARE DESIROUS OF GIVING THE REPUBLIC OF SOUTH AFRICA A CONSTITUTION which provides for elected and responsible forms of government and which is best suited to the traditions, history and circumstances of our land:

BE IT THEREFORE ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-

PART I

THE REPUBLIC

Continued existence of Republic of South Africa

1. The Republic of South Africa, consisting of the provinces of the Cape of Good Hope, Natal, the Transvaal and the Orange Free State, shall continue to exist as a republic under that name.

Sovereignty and guidance of Almighty God acknowledged

2. The people of the Republic of South Africa acknowledge the sovereignty and guidance of Almighty God.

PART II

NATIONAL FLAG AND ANTHEM

National Flag

3. There shall be a National Flag of the Republic of which the design shall be as set out in section 4.

Design of National Flag

4. (1) The National Flag of the Republic shall be a flag consisting of three horizontal stripes of equal width from top to bottom orange, white and blue on which there shall appear-

(a) in the centre of the white stripe, the flag of the republic of "De Oranjevrijstaat" hanging vertically and spread in full; and

(b) on opposite sides and adjoining the flag referred to in paragraph (a)-

(i) the Union Jack, as it existed in 1927, horizontally spread in full towards the pole; and

(ii) the Vierkleur of "De Zuid-Afrikaansche Republick" horizontally spread in full away from the pole.

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(2) The flags referred to in paragraphs (a) and (b) of subsection (1) shall all be of the same size and of a shape proportionally the same as that of the National Flag, the width of each of such flags shall be equal to one-third of the width of the white stripe on the National Flag, and the flags referred to in paragraph (b) of subsection (1) shall be equidistant from the margins of the said white stripe.

National Anthem

5. The National Anthem of the Republic shall be "The Call of South Africa/Die Stem van Suid-Afrika".

PART III

THE STATE PRESIDENT

The State President and his powers

6. (1) The head of the Republic shall be the State President.

(2) The command-in-chief of the South African Defence Force is vested in the State President.

(3) The State President shall, subject to the provisions of this Act, have power-

(a) to address any House, or the Houses at a joint sitting;

(b) to confer honours;

(c) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

(d) to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties or forfeitures;

(e) to enter into and ratify international conventions, treaties and agreements;

(f) to proclaim or terminate martial law;

(g) to declare war and make peace;

(h) to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred upon or assigned to him in terms of this Act or any other law.

(4) The State President shall in addition as head of the State have such powers and functions as were immediately before the commencement of this Act possessed by the State President by way of prerogative.

Election of State President

7. (1) (a) The State President shall be elected by the members of an electoral college present at a meeting called in accordance with the provisions of this section and presided over by the Chief Justice or a judge of appeal designated by him.

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(b) An electoral college referred to in paragraph (a) shall be constituted whenever necessary in terms of this Act, and shall consist of-

(i) 50 members of the House of Assembly designated by it by resolution;

(ii) 25 members of the House of Representatives designated by it by resolution;

(iii) 13 members of the House of Delegates designated by it by resolution, or, in the case of a particular House, such smaller number of members thereof, if any, as may be so designated by it.

(c) A member of a House referred to in section 41 (1) (b) or (c), 42 (1) (b) or (c) or 43 (1) (b) or (c) may not be designated as a member of an electoral college or participate in the voting or other proceedings of the House in question in connection with a resolution contemplated in paragraph (b) of this subsection.

(d) A House shall designate the relevant members of a particular electoral college as often as it may deem necessary.

(e) An electoral college shall dissolve after disposing of the matters for which it is constituted in terms of this Act.

(2) The election of a State President shall be held, subject to the provisions of subsection (4), at a time and place fixed by the Chief Justice and made known by notice in the Gazette not less than 14 days before the election.

(3) The date so fixed shall-

(a) in the case of the first such election, be a date not more than seven days after the commencement of the first session of Parliament after the commencement of this Act;

(b) whenever a general election of members of the Houses has been held after a dissolution of Parliament, be a date not more than seven days after the commencement of the first session of Parliament after the general election;

(c) if the State President dies or for any other reason vacates his office before the expiration of his period of office and his successor in office has then not yet been elected, be a date not more than one month after the office became vacant: Provided that if the State President resigns and intimates in his resignation lodged with the Chief Justice in terms of section 9 (4) that he will vacate his office on a day not less than one month after the date of the lodging of his resignation, a date earlier than the day on which the office becomes vacant, shall be so fixed.

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(4) If any electoral college removes the State President from office in terms of section 9, it shall forthwith proceed to elect a State President.

(5) No person may be elected or serve as State President unless he is qualified to be nominated or elected and take his seat as a member of a House.

(6) Any person who holds a public office in respect of which he receives any remuneration or allowance out of public funds, and who is elected as State President, shall vacate such office with effect from the date on which he is elected.

Method of election

8. (1) Nominations of candidates for election as State President shall be called for at the meeting of the electoral college at which the election is to take place, by the person presiding at the meeting.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or, by telegram signified his willingness to accept nomination.

(3) The names of the persons duly nominated as Provided in subsection (2) shall be announced at the meeting at which the election is to take place by the person presiding at the meeting, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has received, the person presiding at the meeting shall declare, the candidate in question to be duly elected.

(5) Where more than one candidate is nominated for election a vote shall be taken by secret ballot, each member of electoral college present at the meeting in question having one

and any candidate in whose favour a majority of all the votes cast is recorded shall be declared duly elected by the person siding at the meeting.

(6) (a) If no candidate obtains a majority of all the vote, so cast, the candidate who received the smalles number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary candidate receives a majority of all the votes cast declared duly elected.

(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes electoral college shall by separate vote, to be repeated as often as may be necessary, determine which candidates shall for the purposes of paragraph (a) eliminated.

(7) (a) Whenever-

(i) only two candidates have been nominated; or

(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain, and there is an equality of votes between candidates, a further meeting shall be called in accordance with the provisions of section shall apply as if such further meeting were the first meeting called for election in question.

(b) If at the third meeting there is again inequality of votes, the electoral college shall dissolve, an electoral college shall again be constituted and the provisions of section 7 and this section shall apply mutatis mutandis as if the newly constituted electoral college were the first electoral college constituted for election in question.

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(8) (a) The Chief Justice shall make rules in regard to the procedure to be observed at a meeting of any electoral college constituted as provided in section 7, including rules prescribing the form in which any nomination shall be submitted and rules defining the duties of the presiding officer and of any person appointed to assist him, and prescribing the manner in which a ballot at any such meeting shall be conducted.

(b) Such rules shall be made known in such manner as the Chief Justice may consider necessary.

Tenure of office of State President

9. (1) The State President shall hold office, subject to the other provisions of this section-

(a) during the continuance of the Parliament from which the electoral college that elected him was constituted and

(b) after the dissolution of that Parliament, whether by effluxion of time or otherwise, until a State President has, at or after the commencement of the first session of the newly constituted Parliament, been elected as provided in sections 7 and 8 and has assumed office, but shall be eligible for re-election.

(2) The State President shall vacate his office-

(a) if in terms of section 7 (5) he becomes disqualified from serving as State President; or

(b) if he is removed from office under subsection (3)

(3) (a) The State President shall cease to hold office on a resolution adopted by a majority of the members present at a meeting of an electoral college constituted as prescribed in section 7 and convened, as so prescribed, by the Chief Justice at the request of each of the three Houses, and declaring him to be removed on the ground of misconduct or inability to perform efficiently the duties of his office.

(b) In connection with a resolution contemplated in paragraph (a) no debate shall be allowed in the electoral college.

(c) No request in terms of paragraph (a) shall be made by any House, except after consideration of a report of a committee of Parliament appointed in accordance with rules and orders contemplated in section 64.

(d) A House shall not adopt a resolution that such a committee of Parliament be appointed, unless there has been previously submitted to the Speaker of Parliament a petition signed by not less than half of the members of each House and requesting that such a committee be appointed.

(e) In connection with a resolution contemplated in paragraph (d) no debate shall be allowed in the House in question.

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(4) The State President may resign by lodging his resignation in writing with the Chief Justice.

Acting President

10. (1) Whenever the State President is for any reason unable to perform the duties of his office, a member of the Cabinet nominated by the State President shall serve as Acting State President.

(2) Whenever-

(a) the State President is unable to nominate a member of the Cabinet in terms of subsection (1); or

(b) the member so nominated is for any reason unable to act; or

(c) the office of State President is vacant and there is no member so nominated or the member so nominated is unable to act, a member of the Cabinet designated by the remaining members thereof shall serve as Acting State President during the incapacity of the State President or of the member nominated by him, as the case may be, or until a State President has assumed office.

(3) (a) If a member of the Cabinet serves as Acting State President in terms of a designation under subsection (2) during the incapacity of the State President or of the member nominated by him, and the Speaker of Parliament is at any time of the opinion that neither the State President nor his nominee will be able to resume the duties of his office within 60 days from the date on which his incapacity set in, the Speaker shall in writing inform the Acting State President and the Chief Justice accordingly, and thereupon a member of the Cabinet shall without delay be designated as Acting State President by an electoral college mutatis mutandis in accordance with sections 7 and 8.

(b) When the Acting State President so designated by the electoral college assumes office, any nomination or designation made under subsection (1) or (2) shall lapse.

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(c) The Acting State President so designated by the electoral college shall serve as such during the incapacity of the State President or until a State President has been elected and has assumed office, as the circumstances may require.

(4) Whenever it is in any of the circumstances mentioned above not possible to nominate or designate an Acting State President, the Speaker of Parliament shall serve as Acting State President.

Oath of office by State President and Acting State President

11. (1) The State President and any Acting State President shall when assuming office make and subscribe an oath of office in the following form before the Chief Justice or any other judge of the Supreme Court:

In the presence of Almighty God and in full realization of the high calling I assume as State President/Acting State President in the service of the Republic, I A.B., do swear to be faithful to the Republic of South Africa and do solemnly and sincerely promise at all times to promote that which will advance and to oppose all that may harm the Republic; to obey, observe, uphold and maintain the Constitution and all other Law of the Republic; to discharge my duties with all my strength and talents to the best of my ability and true to the dictates of my conscience; to do justice unto all; and to devote myself to the well-being of the Republic and its people.

May the Almighty God by His grace guide and sustain me in keeping this oath with honour and dignity. So help me God.

(2) In the case of the State President the oath shall be made and subscribed by him at a formal function where the Seal of the Republic is handed over to him by the outgoing State President or Acting State President, unless he already has the Seal in his custody.

Salary of State President

12. There shall be paid to the State President out of and as a charge on the State Revenue Fund and apart from any privilege which he may enjoy, such salary and allowances as may be determined from time to time by resolution of Parliament

Pension payable to State President and State President's widow or widower

13. (1) There shall be paid out of and as a charge on the State Revenue Fund-

(a) to any person who has at any time held the office of State President, an annual pension equal to the equal salary which was payable to him on the day upon which he vacated office;

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(b) to the widow or widower of any such person, a pension at the rate of three-quarters of the rate of the pension payable to such a person.

(2) A pension in terms of subsection (1) shall be payable-

(a) in the case of the State President, with effect from the day following that upon which he vacated office;

(b) in the case of the State President's widow with effect from the day following that upon which person became a widow or a widower.

PART IV

OWN AFFAIRS AND GENERAL AFFAIRS

Own affairs

14. (1) Matters which specially or differentially affect a population group in relation to the maintenance of its identity and the upholding and furtherance of its way of life, culture, traditions and customs, are, subject to the provisions of section 16, own affairs in relation to such population group.

(2) Matters coming within the classes of subjects described in Schedule 1 are, subject to the provisions of section 16, own affairs in relation to each population group.

General affairs

15. Matters which are not own affairs of a population group in terms of section 14 are general affairs.

Decision of questions on own or general nature of matters

16. (1) (a) Any question arising in the application of this Act as to whether any particular matters are own affairs of a population group shall be decided by the State President, who shall do so in such manner that the governmental institutions serving the interests of such population group are not by the decision enabled to affect the interests of any other population group, irrespective of whether or not it is defined as a population group in this Act.

(b) All such questions shall be general affairs.

(2) The State President may, if he deems it expedient, but subject to the provisions of section 31 -

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(a) express his decision on any question contemplated in subsection (1) by proclamation in the Gazette; or

(b) make his decision on any such question known for general information by such a proclamation known or make it known or cause it to be made known in such manner as he may deem fit,

and shall advise the Chairman of each Ministers' Council of every such decision.

(3) When the State President assigns the administration of a law to a Minister of a department of State for own affairs of a population group under section 26 or 98 he shall do so in pursuance of a decision under this section that the law, in so far as its administration is so assigned, deals with own affairs of the population group in question.

Reference of questions to President's Council for advice, and consultation on certain matters

17. (1) The State President may refer any question which is being considered by him in terms of section 16 to the President's Council for advice.

(2) (a) Before the State President issues a certificate under section 31 in respect of a bill or an amendment or a proposed amendment thereof, he shall consult the Speaker of Parliament and the Chairmen of the respective Houses in such manner as he deems fit

(b) Paragraph (a) does not apply to the issue of a certificate in respect of a bill or an amendment thereof which has been altered as a result of the consultation in terms of that paragraph.

Validity of State President's decisions on own or general nature of matters

18. (1) Any division of the Supreme Court of South Africa shall be competent to inquire into and pronounce upon the question as to whether the provisions of section 17(2) with in connection with a decision of the State President contemplated in those provisions.

(2) Save as provided in subsection (1), no court of law shall be competent to inquire into or pronounce upon the validity of a decision of the State President that matters mentioned in the decision are own affairs of a population group, or are not own affairs of a population group, as the case may be.

(3) For the purposes of subsection (2), the matters dealt with in any bill which, when introduced in a House, is not endorsed with or accompanied by a certificate contemplated in section 31, shall be deemed to be matters which are not own affairs of any population group by virtue of a decision of the State President.

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PART V

THE EXECUTIVE AUTHORITY

Executive authority

19. (1) The executive authority of the Republic-

(a) in regard to matters which are own affairs of any population group is vested in the State President acting on the advice of the Ministers' Council in question;

(b) in regard to general affairs is vested in the State President acting in consultation with the Ministers who are members of the Cabinet.

(2) Except in sections 20 (c) and (d), 21 (2), 24, 25, 26, 27, 33, 39 (3), 66 and 98 (3) (b), or where otherwise expressly stated or necessarily implied, any reference in this Act to the State President is a reference to the State President acting as provided in subsection (1).

The Cabinet

20. The Cabinet shall consist of-

(a) the State President, who shall preside at its meetings

(b) the Ministers appointed to administer departments of State for general affairs;

(c) any Minister appointed to perform functions other than the administration of a department of State and designated by the State President as a member of the Cabinet; and

(d) any member of a Ministers' Council designated by the State President as a member of the Cabinet, whether for a definite or for an indefinite period or for a particular purpose.

Ministers' Council

21. (1) A Ministers' Council shall consist of-

(a) the Ministers appointed to administer departments of State for own affairs of one and the same group;

(b) any Minister who is a member of the population in question and who has been appointed as a member of the Ministers' Council to perform functions other than the administration of a department of State;

(c) any Deputy Minister appointed to exercise or perform powers, functions and duties on behalf of any of the Ministers referred to in paragraph (a) and

(d) any Minister of the Cabinet who is a member of the population group in question and who has been co-opted by the Ministers' Council as a member thereof, whether for a definite period or for a particular purpose.

(2) The State President shall designate a Minister who is a member of a Ministers' Council and who, at the time of the designation, in the opinion of the State President has the support of the majority in the House consisting of members of the population group in question, as the Chairman of such Ministers' Council.

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Seal of Republic

22. (1) There shall be a Seal of the Republic, showing the coat of arms of the Republic with the circumscription "Republic of South Africa-Republiek van Suid-Afrika".

(2) The Seal shall be in the custody of the State President and shall, save in so far as may be otherwise determined by the State President, be used on all public documents on which it was required to be used immediately before the commencement of this Act.

Confirmation of executive acts of State President

23. (1) The will and pleasure of the State President as head of the executive authority of the Republic shall be expressed in writing under his signature.

(2) Any instrument signed by the State President acting on the advice of a Ministers' Council or in consultation with the Ministers who are members of the Cabinet, shall be countersigned by a Minister who is a member of the Ministers' Council in question or, as the case may be, a member of the Cabinet.

(3) The signature of the State President on any instrument shall be confirmed as provided in section 22.

Appointment of Ministers

24. (1) The State President may appoint as many persons as he may from time to time deem necessary to administer such departments of State of the Republic as the State President may establish, or to perform such other functions as the State President may determine.

(2) Persons appointed under subsection (1) shall hold office during the State President's pleasure and shall be the Ministers of the Republic

(3) (a) No Minister shall hold office for a longer period than 12 months unless he is or becomes a member of a House.

(b) A Minister of any department of State for own affairs of a population group shall-

(i) be a member of the population group in question; and

(ii) at the time of his appointment as such Minister, in the opinion of the State President have the support of the majority in the House consisting of members of that population group.

(4) A Minister shall before assuming his duties make and scribe an oath before the Chief Justice or any other judge of the Supreme Court in the following form:

I, A.B., do hereby swear to be faithful to the Republic of South Africa and undertake before God to honour this oath; to hold my office as Minister with honour and dignity;

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to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability. So help me God.

Temporary performance of Minister's functions of office by another Minister

25. Whenever a Minister is for any reason unable to perform any of the functions of his office, or whenever any Minister has vacated his office and a successor has not yet been appointed the State President may appoint any other Minister to act in the said Minister's stead or office, either generally or in the performance of any specific function.

Assignment of powers, duties and functions of one Minister to another

26. The State President may assign the administration of any provision in any law which entrusts to a Minister any power, duty or function, to any other Minister-

(a) either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to such first-mentioned Minister; and

(b) either generally or in so far as such provision, law or laws relate to any population group or matter mentioned in such assignment.

Appointment and functions of Deputy Minister

27. (1) (a) The State President may, subject to subsection (2) appoint any person to hold office during the State President's pleasure as Deputy Minister of any specified department of State or Deputy Minister of such other description as the State President may determine, and to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister in terms of any law or otherwise which may, subject to the directions of the State President, be assigned to him from time to time by such Minister.

(b) Any reference in any law to a deputy to a Minister shall be construed as including a reference to a Deputy Minister appointed under this subsection, and any such reference to a Minister shall be construed as including a reference to a Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he acts.

(2) (a) No Deputy Minister shall hold office for a longer period than 12 months unless he is or becomes a member of a House.

(b) The provisions of section 24 (3) (b) shall apply mutatis mutandis to a Deputy Minister appointed to exercise or perform any powers, functions and duties on behalf of a Minister of a department of State for own affairs of a population group.

(3) A Deputy Minister shall before assuming his duties make and subscribe an oath, in the form prescribed in section 24 (4) but with reference to his office as Deputy Minister, before the Chief Justice or any other judge of the Supreme Court.

(4) Whenever any Deputy Minister is for any reason unable to perform any of the functions of his office, the State President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister's stead, either generally or in the performance of any specific function.

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Power to appoint and discharge persons

28. The appointment and removal of persons in the service of the Republic shall be vested in the State President, unless the appointment or removal is delegated by the State President to any other authority or is in terms of this Act or any other law vested in any other authority.

Seat of Government

29. Save as is otherwise provided in section 36, Pretoria shall be the seat of the Government of the Republic.

PART VI

THE LEGISLATURE

The Legislature and its Powers

Legislature and its powers

30. The legislative power of the Republic is vested in the State President and the Parliament of the Republic, which, as the sovereign legislative authority in and over the Republic, shall have full power to make laws for the peace, order and good government of the Republic: Provided that the powers of Parliament in respect of any bill contemplated in section 31 shall be exercised as provided by that section.

Bills on own affairs of a population group

31. (1) A bill which, when introduced in a House, is endorsed with or accompanied by the certificate of the State President that the bill deals with matters which are own affairs of the population group in question, shall be disposed of by that House, and shall not be required to be, or be, introduced in or dealt with by any other House.

(2) If an amendment of any such bill is proposed in the House in question or adopted by it, and the certificate of the State President that such amendment deals with matters which are not own affairs of the population group in question, is at any time, whether before the bill is passed by the House or after it has been passed by it but before the State President has assented to it, laid upon the Table of the House, the bill shall not or, as the case may be, not again be presented to the State President for his assent unless-

(a) the proposal for the amendment is withdrawn or not agreed to; or

(b) if the bill was passed before the tabling of the certificate, the House has reconsidered the amendment and has adopted in its place an amendment in respect of which the State President's certificate mutatis mutandis in accordance with subsection (1) of this section was issued before it was adopted.

(3) A bill passed by a House under subsection (1) or passed by a House and thereafter amended in accordance with subsection (2) (b), shall, when it is presented to the State President for his assent, be endorsed with the certificate of the Chairman of the House that it has been passed and is presented for assent in accordance with this section or, as the circumstances may require, that it has been passed and amended and is presented for assent in accordance with this section.

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Disagreement among the Houses

32. (1) If during the same session of Parliament-

(a) one or two Houses pass a bill and the other Houses or House rejects it or is deemed in terms of subsection (2) to have rejected it; or

(b) two Houses pass different versions of a bill and the other House rejects it or is so deemed to have rejected it; or

(c) two Houses pass a bill and the other House passes a different version of it; or

(d) each of the Houses passes a different version of a bill, the State President may during that session refer the bill or the different versions thereof which have been passed, as the case may be, to the President's Council for its decision: Provided that the State President may withdraw the reference at any time before the President's Council gives its decision.

(2) (a) If-

(i) the State President, by message to a House, has requested that a bill passed by another House and introduced in the House in question or in respect of which notice of a motion for its introduction has been given in that House, be disposed of by that House before a date mentioned in the message, which may not be a date earlier than 14 days after the date of the message; and

(ii) that House has not disposed of such bill before the date mentioned in the message, that House shall be deemed for the purposes of subsection (1) to have rejected the bill, unless the State President by like message determines otherwise within seven days after the date so mentioned.

(b) A House which has rejected a motion for the introduction of a bill shall be deemed for the purposes of subsection (1) to have rejected the bill.

(3) When a recommendation of the President's Council has been laid upon the Table of a House as provided in section 78 (8), the House may deal with the recommendation.

(4) A bill which was referred to the President's Council under subsection (1) and which, in terms of a decision of that Council given during the session of Parliament in which the bill was so referred, is to be presented to the State President for his assent, shall be deemed to have been passed by Parliament.

(5) A bill which is deemed in terms of subsection (4) to have been passed by Parliament shall, when it is presented to the State President for his assent, be endorsed with the certificate of the Speaker of Parliament that the bill is by virtue of a decision of the President's Council so deemed to have been passed by Parliament.

Assent to bills

33. (1) When a bill which-

(a) has been passed by Parliament; or

(b) in terms of section 32 (4) is deemed to have been passed by Parliament; or

(c) has been passed by a House in accordance with section 31, is presented to the State President for his assent, he shall declare that he assents thereto or that he withholds assent, but he shall not declare that he withholds assent unless he is satisfied that the bill has not been dealt with as provided in this Act.

(2) The provisions of subsection (1) of this section shall not affect the State President's powers in terms of subsection (2) of section 31 to issue a certificate contemplated in the last-mentioned subsection in respect of an amendment of a bill when the bill is presented to him for assent, and to return the bill to the House in question.

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Validity of Acts of Parliament

34. (1) A bill referred to in section 33 (1) to which the State President has assented shall be an Act of Parliament.

(2) (a) Any division of the Supreme Court of South Africa shall, subject to the provisions of section 18, be competent to inquire into and pronounce upon the question as to whether the provisions of this Act were complied with in connection with any law which is expressed to be enacted by the State President and Parliament or by the State President and any House.

(b) Rules and orders of a House and joint rules and orders of the Houses shall not be regarded as provisions of this Act for the purposes of paragraph (a).

(3) Save as provided in subsection (2), no court of law shall be competent to inquire into or pronounce upon the validity of an Act of Parliament.

Signature and enrolment of Acts

35. As soon as may be after any law has been assented to by the State President, the Secretary to Parliament shall cause two fair copies of such law, one being in the English and the other in the Afrikaans language (one of which copies shall have been signed by the State President), to be enrolled of record in the office of the Registrar of the Appellate Division of the Supreme Court of South Africa, and such copies shall be conclusive evidence as to the provisions of every such law, and in case of conflict between the two copies so enrolled that signed by the State President shall prevail.

Seat of Legislature

36. Cape Town shall be the seat of the Legislature of the Republic.

Parliament

Constitution of Parliament

37. (1) Parliament shall consist of three Houses, namely, a House of Assembly, a House of Representatives and a House of Delegates.

(2) If and for as long as any House is unable, during a session of Parliament, to meet for the performance of its functions or to perform its functions-

(a) by reason of a shortfall in the number of its members, or because there are no members, as a result of the resignation of members or the fact that an insufficient number of members or no member was elected at any election of members of such House; or

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(b) by reason of the absence of members, or the failure of members to take their seats or to perform the functions of their office, after the State President has by proclamation in the Gazette called upon all members of such House to be present in the chamber of such House for the performance of their functions as such members on a day and at an hour mentioned in the proclamation, and that hour and day have passed, Parliament shall consist of the Houses that are or, according to the circumstances, the House that is able to perform their or its functions, and the provisions of this Act and any other law shall be construed accordingly.

Sessions of Parliament

38. (1) The State President may appoint such times for the sessions of Parliament as he thinks fit, and may also from time to time, by proclamation in the Gazette or otherwise, prorogue Parliament.

(2) There shall be a session of Parliament at least once in every year, so that a period of 13 months shall not intervene between the commencement of one session and the commencement of the next session.

(3) The first session of Parliament after the general election of members of the Houses held in pursuance of a dissolution of Parliament, shall commence within 30 days after the polling day of the election.

Duration and dissolution of Parliament or a House

39. (1) Every Parliament shall continue for five years from the day on which its first session commences.

(2) The State President-

(a) may dissolve Parliament by proclamation in the Gazette at any time; and

(b) shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament-

(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or

(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.

(3) Subject to the provisions of subsection (2)-

(a) the State President may dissolve any House by proclamation in the Gazette if-

(i) such House passes a motion of no confidence in the Cabinet; or

(ii) such House rejects any bill referred to in subsection (2) (b) (ii); or

(iii) any circumstance contemplated in section 37 (2) applies to such House; or

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(iv) the Ministers' Council in question requests him to do so;

(b) the State President shall so dissolve any House or reconstitute the Ministers' Council in question if-

(i) such House passes a motion of no confidence in the Ministers' Council in question; or

(ii) such House rejects any bill referred to in section 31 which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Ministers' Council in question.

Effect of dissolution

40. Notwithstanding the dissolution of any House in terms of this Act, whether by a dissolution of Parliament or otherwise and whether by effluxion of time or otherwise-

(a) every person who at the date of the dissolution is a member of such House shall remain a member thereof;

(b) such House shall remain competent to perform its functions; and

(c) the State President shall have power to summon Parliament or the House in question 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.

The Houses

41. (1) The House of Assembly shall consist of-

(a) 166 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 49;

(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.

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(2) The number of members of the House of Assembly to be elected as provided in subsection (1) (a) in each province, shall be as follows.-

Cape of Good Hope ...............................56

Natal ..................................................... 20

Orange Free State...................................14

Transvaal.................................................76

Constitution of House of Representatives

42. (1) The House of Representatives shall consist of-

(a) 80 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 49;

(b) two members nominated by the State President;

(c) three members elected by the members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote.

(2) The number of members of the House of Representatives to be elected as provided in subsection (1) (a) in each province, shall be as follows:-

Cape of Good Hope.................................60

Natal........................................................5

Orange Free State.....................................5

Transvaal..................................................10

Constitution of House of Delegates

43. (1) The House of Delegates shall consist of-

(a) 40 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 49;

(b) two members nominated by the State President;

(c) three members elected by the members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote.

(2) The number of members of the House of Delegates to be elected as provided in subsection (1) (a) in a province, shall be as follows:-

Cape of Good Hope.......................................3

Natal............................................................... 29

Transvaal........................................................ 8

References to directly and indirectly elected and nominated members of House

44. Any reference in this Part to a directly elected member, a nominated member and an indirectly elected member of a House, shall be construed as a reference to a member of such

House who, as the case may be and as the context may require, has been elected or nominated or is to be elected or nominated as provided in section 41 (1) (a), (b) and (c), respectively, or

section 42 (1) (a), (b) and (c), respectively, or section 43 (1) (a), (b) and (c), respectively.

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Alteration of number of members of province

45. Notwithstanding any provision to the contrary contained in this Act, the number of members of any House to be elected in the various provinces as provided in section 41 (2), 42 (2) or 43 (2), as the case may be, shall not be altered until-

(a) in the case of the House of Assembly, a period of five years has elapsed from the last delimitation of its electoral divisions in terms of the previous Constitution; and

(b) in the case of the House of Representatives and the House of Delegates, a period of 10 years has elapsed from the first delimitation of the electoral divisions of the House in question in terms of this Act.

Nomination and indirect election of members of Houses

46. (1) The State President may make regulations in regard to the election of indirectly elected members of a House, including regulations prescribing the manner of voting and of the transfer and counting of votes and the duties of returning officers in connection with such election.

(2) A casual vacancy in the seat of a nominated or an indirectly elected member of a House shall be filled by the nomination or election of a member for the unexpired portion of the term 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.

(3) A nominated or indirectly elected member of a House who-

(a) remains a member of the House in terms of section 40 up to and including the day immediately preceding the polling day for the relevant election referred to in that section; and

(b) is not elected as a member of the House in question at that election,

shall, during the period which in terms of subsection (4) of this section is applicable in his case, be deemed to have been nominated or elected on that polling day as a nominated member or, as the case may be, as an indirectly elected member of that House, and, in the case of a nominated member of the House of Assembly, from the province from which he was in fact nominated.

(4) Any person who is a member of a House in terms of the provisions of subsection (3) shall cease to be a member of such House in terms of those provisions-

(a) in the case of a person deemed in terms of those provisions to have been nominated from a particular province as a member of the House of Assembly, on the day on which a nominated member of that House is nominated from that province in pursuance of the relevant dissolution of that House referred to in section 40, or, if such a member is not so nominated within the period of 45 days after the polling day of the general election held in pursuance of that dissolution, at the expiration of that period; and

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(b) in the case of a person deemed in terms of those provisions to be an indirectly elected member of a House or a nominated member of a House other than the House of Assembly, on the first day on which indirectly elected or, as the case may be, nominated members of the House in question are elected or nominated in pursuance of the relevant dissolution referred to in section 40, or, if no such members are elected or nominated within the period of 45 days after the polling day of the general election held in pursuance of that dissolution, at the expiration of that period: Provided that such person, if he is elected or nominated as such a member but not on such first day, shall be deemed to have remained a member of the House in question up to and including the day immediately preceding the day on which he is so elected or nominated.

Polling day of general elections

47. (1) At any general election of members of the Houses held in pursuance of a dissolution of Parliament, all polls shall be taken on one and the same day in all the electoral divisions of all three Houses throughout the Republic, such day to be appointed by the State President.

(2) At any general election of members of a House held in pursuance of its dissolution otherwise than at a dissolution of Parliament, all polls shall be taken on one and the same day in all the electoral divisions of that House throughout the Republic, such day to be appointed by the State President.

(3) The day appointed by the State President in terms of sub-section (1) or (2), shall be a day not more than 180 days after the dissolution of Parliament or the House in question, as the case may be.

Delimination of electoral divisions

48. (1) At intervals of not less than five years and not more than 10 years, commencing, in the case of the House of Assembly, from the last delimitation of its electoral divisions in terms of the previous Constitution, and, in the case of the House of Representatives or the House of Delegates, from the first delimitation of electoral divisions of the House in question in terms of this Act, the State President shall appoint a delimitation commission consisting of three judges of the Supreme Court of South Africa, which shall, subject to the provisions of section 41 (2), 42 (2) or 43 (2), as the case may be, divide the Republic, for the purpose of the election of directly elected members of the House in question, into the same number of electoral divisions as the number of such members of that House, in such a manner that no electoral division is situated partly in one province and partly in another province.

(2) No judge shall be appointed under subsection (1) as a member of a delimitation commission unless he has served as a judge, whether in a permanent or temporary capacity, for a total period of not less than five years.

(3) In dividing the Republic into electoral divisions in terms of subsection (1) the delimitation commission shall act in accordance with the provisions of section 49.

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Method of dividing provinces into electoral divisions

49. (1) For the purposes of the division of a province into electoral divisions of a House, the quota of the province for the House shall be obtained, subject to the provisions of subsection (4), by dividing the number of voters of the House in the province in terms of the current voters' lists, duly corrected up to the latest possible date, by the number of members of the House to be elected in the province in terms of section 41 (2), 42 (2) or 43 (2), as the case may be.

(2) A province shall be divided into electoral divisions of a House in such a manner that each such electoral division shall, subject to the provisions of subsections (3) and (4), contain a number of voters as nearly as may be equal to the quota of the province for the House.

(3) The delimitation commission shall give due consideration to-

(a) community or diversity of interests;

(b) means of communication;

(c) physical features;

(d) boundaries of existing electoral divisions;

(e) sparsity or density of population;

(f) probability of increase or decrease of population;

(g) local authority and magisterial district boundaries,

in such manner that, while taking the quota of voters as the basis of division, the commission may depart from the quota whenever it is deemed necessary, but in no case to a greater extent than 15 per cent more or 15 per cent less than the quota: Provided that in the case of an electoral division with an area of 25 000 square kilometres or more, the commission may reduce the number of voters to a number equal to 70 per cent of the quota.

(4) (a) The port and settlement mentioned in the Walvis Bay and St John's River Territories Annexation Act, 1884, of the Cape of Good Hope, and the territory surrounding it and bounded as described in that Act, shall be one of the electoral divisions into which the province of the Cape of Good Hope shall be divided for the election of members of the House of Assembly, and, as such electoral division, it shall be called Walvis Bay until different provision is made under section 50.

(b) The boundaries of such electoral division, as described in paragraph (a), shall not be altered by any delimitation commission, but in so far as may be necessary for the purposes of any provision of this Act or any other law those boundaries shall be deemed to have been settled by such commission.

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(c) The provisions of this section in regard to the quota of a province and the number of voters of an electoral division shall not apply in connection with the electoral division referred to in paragraph (a), and in their application at any delimitation of the other electoral divisions in the province of the Cape of Good Hope for the election of members of the House of Assembly-

(i) the port, settlement and territory mentioned in paragraph (a) shall be deemed not to be part of that province;

(ii) the voters of that electoral division, in terms of the current voters' list, duly corrected up to the latest possible date, shall be deemed not to be voters in that province; and

(iii) the number of members of the House of Assembly to be elected in that province, shall be deemed not to include a member for that electoral division.

Powers and duties of delimination commission

50. (1) A delimitation commission, having delimited the electoral divisions of a House, shall submit to the State President-

(a) a list of the electoral divisions, with the names given to them by the commission and a description of the boundaries of each division;

(b) a map or maps showing the electoral divisions into which the provinces have been divided;

(c) such further particulars as it considers necessary.

(2) The State President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The State President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a redivision, the electoral divisions so named and defined shall be the electoral divisions of the House in question in the Republic and the provinces.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description or, if the description has been amended in terms of subsection (5), the description as so amended shall prevail.

(5) (a) If the commission is satisfied that any such discrepancy as aforesaid is due to an error in the description of the boundaries of any electoral division, it shall in writing inform the State President accordingly, and submit an amendment of the relevant description, correcting the error and certified by the commission, to the State President, unless the period allowed in terms of paragraph (c) for such an amendment has expired.

(b) Subject to the provisions of paragraph (c), the State President shall by proclamation in the Gazette make known any amendment submitted to him in terms of paragraph (a), and thereafter, until there shall be a redivision, the boundaries as so amended shall be the boundaries of the electoral division in question, notwithstanding the provisions of subsection (3).

(c) No description of the boundaries of any electoral division shall be amended under this subsection after the date on which the proclamation in respect of the first general election for members of the House in question held after the completion of the relevant redivision is published in the Gazette in terms of section 34 of the Electoral Act, 1979.

(6) (a) The State President may by proclamation in the Gazette alter the name of any electoral division as made known under subsection (3).

(b) The name given to any electoral division under paragraph (a) shall, notwithstanding the provisions of subsection (3), be the name of that electoral division until there shall be a redivision.

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Date from which alteration of electoral divisions takes effect

51. Any alteration in the number of members of a House to be elected in the several provinces, and any redivision of the provinces into electoral divisions of a House, shall come into operation at the next general election of directly elected members of the House in question held after the completion of the redivision or of any allocation consequent upon such alteration, and not earlier.

Franchise

52. Every White person, Coloured person and Indian who-

(a) is a South African citizen in terms of the South African Citizenship Act, 1949; and

(b) is of or over the age of 18 years; and

(c) is not subject to any of the disqualifications mentioned in section 4 (1) or (2) of the Electoral Act, 1979,

shall, on compliance with and subject to the provisions of the Electoral Act, 1979, be entitled to vote at any election of a member of the House of Assembly, the House of Representatives and the House of Delegates, respectively, in the electoral division of the House in question determined in accordance with the last-mentioned Act.

Qualifications of members of Houses

53. No person shall be qualified to be a member of a House under this Act unless he-

(a) is qualified to be included as a voter in any list of voters of the House in question in an electoral division thereof; and

(b) has resided for five years within the limits of the Republic.

Disqualifications for membership of Houses

54. No person shall be capable of being elected or nominated or of sitting as a member of a House if he-

(a) has at any time been convicted of any offence for which he has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he has received a grant of amnesty or a free pardon, or unless the period of such imprisonment expired at least five years before the date of his election or nomination; or

(b) is an unrehabilitated insolvent; or

(c) is of unsound mind, and has been so declared by a competent court; or

(d) is an officer or other employee in the service of any institution, council or body contemplated in section 84 (1) (f) of the previous Constitution; or

(e) holds any office of profit under the Republic: Provided that the following persons shall be deemed not to hold an office of profit under the Republic for the purposes of this paragraph, namely-

(i) a Minister of the Republic, or any person holding office as deputy to any Minister;

(ii) a person in receipt of a pension from the Republic;

(iii) an officer or member of the South African Defence Force on retired or half-pay, or an officer or member of the South African Defence Force whose services are not wholly employed by the Republic;

(iv) any person who has been appointed or has become a justice of the peace under section 2 of the Justices of the Peace and Commissioners of Oaths Act, 1963;

(v) any person appointed as an appraiser under section 6 of the Administration of Estates Act, 1965, or deemed to have been so appointed;

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(vi) any person who, while the Republic is at war, is an officer or member of the South African Defence Force or any other force or service established by or under the Defence Act, 1957;

(vii) a member of any council, board, committee or similar body established by or under any law who receives no payment in respect of his services on such council, board, committee or body in excess of an allowance at a rate not exceeding the amount determined by the Minister of Finance by notice in 60 the Gazette from time to time for each day on which he renders such services, any reimbursement of travelling expenses and subsistence expenses incurred by him in the course of such services and an allowance in respect of entertaining by him in connection with such services;

(viii) a member of a commission of inquiry or a committee of inquiry appointed by the State President or the Administrator of a province, or a member of a Select Committee of a House or of a provincial council or a member of a committee of Parliament.

Vacating of seats in Houses

55. (1) A member of a House shall vacate his seat if he-

(a) becomes subject to any disability mentioned in section 54; or

(b) ceases to be qualified as required by law; or

(c) fails for a whole ordinary session of Parliament or of the House of which he is a member to attend without the special leave of that House, 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.

(2) A member of a House who-

(a) is designated or appointed as a member of the President's Council, shall vacate his seat as a member of such House with effect from the date on which he becomes a member of the President's Council;

(b) is elected as a member of a provincial council, shall vacate his seat as a member of such House with effect from the date on which he becomes a member of the provincial council.

Penalty for sitting or voting when disqualifies

56. Any person who is by law incapable of sitting as a member of a House and who, while so incapable and knowing or having reasonable grounds for knowing that he is so incapable, sits or votes as a member of the House in question, shall be liable to a penalty of R200 for each day on which he so sits or votes, which may be recovered on behalf of the Treasury of the Republic by action in any division of the Supreme Court of South Africa.

Oath

57. Every member of a House shall, before taking his seat, make and subscribe before the Chief Justice, any other judge of the Supreme Court, the Speaker of Parliament or the Chairman of the House in question 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 House of Assembly/House of Representatives / House of Delegates to the best of my ability. So help me God.

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Speaker of Parliament

58. (1) An electoral college referred to in subsection (1) of section 7 shall, after having elected a State President at a meeting called in accordance with the provisions of subsection (3) (a) or (b) of that section or those provisions as applied by subsection (7) of section 8, proceed to elect a Speaker of Parliament, who shall be a member of a House.

(2) The provisions of sections 7 and 8 shall apply mutatis mutandis and subject to the provisions of subsection (4) of this section in respect of the election of a Speaker.

(3) (a) The Speaker shall hold office until his successor is elected in terms of subsection (1), but shall be eligible for re-election.

(b) The Speaker shall cease to hold office if he ceases to be a member of the House of which he was a member at the time of his election as Speaker, and may resign his office or his seat by lodging his resignation in writing with the Chief Justice.

(c) The provisions of subsection (3) of section 9 shall apply mutatis mutandis to the Speaker, but for the purpose of such application the words "every Chairman of a House" shall be deemed to have been substituted for the words "the Speaker of Parliament" in paragraph (d) of that subsection.

(4) (a) When the Speaker is for any reason unable to perform the functions of his office, he shall designate a member of a House to perform those functions as Acting Speaker during his absence or inability.

(b) If the Speaker is unable to designate an Acting Speaker under paragraph (a) or when the office of Speaker is vacant and there is no Acting Speaker so designated, the State President shall designate a member of a House to perform the functions of the Speaker during his absence or inability or, notwithstanding the provisions of section 7 (3) (c) as applied by subsection (2) of this section but subject to the provisions of paragraph (c) of this subsection, until a Speaker is elected.

(c) If the office of Speaker is vacant, the functions of that office may not during a session of Parliament be performed by an Acting Speaker for longer than a month unless it is the last session before a dissolution of Parliament, or a session contemplated in section 40.

Functions of Speaker

59. (1) The Speaker of Parliament shall be the Speaker of each of the respective blouses and shall preside at a meeting of a House whenever he deems it necessary or desirable.

(2) The Speaker shall, when presiding at a meeting of a House, be vested with all the powers, duties and functions of the Chairman of the House in question, in so far as they are consistent with any functions assigned to the Speaker by rules and orders approved by all three Houses: Provided that the Speaker may only vote in the House of which he is a member.

Chairmen of Houses

60. (1) Every House shall at its first meeting, before proceeding to the dispatch of any other business, elect a member to be the Chairman of the House, and, as often as the office becomes vacant, the House shall again elect a member to be the Chairman.

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(2) The Chairman of a House shall cease to hold office if he ceases to be a member of the House in question and may be removed from office by resolution of that House, and may resign his office or his seat by lodging his resignation in writing with the Speaker of Parliament.

(3) Before or during the absence of its Chairman, a House may elect a member to perform his functions during his absence.

Quorums

61. To constitute a meeting of a House for the exercise of its powers, the presence shall be necessary of-

(a) in the case of the House of Assembly, at least 50 members;

(b) in the case of the House of Representatives, at least 25 members;

(c) in the case of the House of Delegates, at least 13 members.

Voting in Houses

62. All questions in a House shall he determined by a majority of votes of members present other than the Chairman or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Rules of Procedure

63. A House may make rules and orders in connection with the order and conduct of its business and proceedings.

Joint committees and rules and orders

64. (1) In this section-

(a) "joint committee" means a committee consisting of members of each of the Houses;

(b) "joint rules and orders" means rules and orders approved by each of the Houses as joint rules and orders in connection with the order and conduct of-

(i) the business and proceedings of each in connection with joint committees or a particular joint committee; or

(ii) the business and proceedings of joint committees or a particular joint committee;

(c) "standing committee" means a joint committee which, in terms of joint rules and orders applicable to it, is established for the duration of the Parliament concerned and is competent to exercise or perform some or all of its powers, duties and functions also while Parliament is prorogued.

(2) Joint rules and orders may provide for any or all of the following matters, namely-

(a) the establishment of standing committees on general affairs;

(b) the constitution of any such committee, including its chairmanship and the representation of political parties, including opposition parties, in such committee;

(c) the manner in which and the circumstances under which any matter may be referred to any such committee;

(d) the powers, duties or functions of any such committee in connection with a matter referred to it;

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(e) the manner in which any such committee may make any decision;

(f) the submission of any proposal to any such committee by a member of a House who is not a member of the committee;

(g) the operation of a decision of any such committee on a matter referred to it, in relation to any further business and proceedings of a House in connection with that matter;

(h) the order and conduct generally of the business and proceedings of any such committee, but the preceding provisions of this subsection shall not be construed as defining or limiting in any manner the matters or any matter that may be dealt with or provided for in joint rules and orders or as requiring any matter to be dealt with or provided for in such rules and orders.

(3) Joint rules and orders shall provide for at least one standing committee on bills dealing with general affairs.

Powers of ministers and their deputies in House

65. (1) A Minister who is a member of the Cabinet, and any deputy to such a Minister, has the right to sit and to speak in any House, but may only vote if he is a member of a House and only in the House of which he is a member.

(2) A member of a Ministers' Council who is not a member of any House or of the Cabinet has the right to sit and to speak in the House of which the members are of the same population group as the members of the Ministers' Council in question, but may not vote therein.

Summoning of a House during recess of Parliament

66. The State President may by proclamation in the Gazette summon any House for the dispatch of business in connection with own affairs when Parliament is not in session, and may prorogue the House in like manner before the commencement of the next ensuing session of Parliament.

Joint sittings of Houses

67. (1) A joint sitting of the Houses shall be called by the State President by message to the Houses.

(2) The State President may call such a joint sitting whenever he deems it desirable, and shall call such a joint sitting if requested to do so by all three Houses.

(3) The Speaker of Parliament shall preside at such a joint sitting.

(4) The Speaker shall determine the rules and orders for the order and conduct of the proceedings of such a joint sitting.

(5) No resolution shall be adopted at any such joint sitting.

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PART VII

ADMINISTRATION OF JUSTICE

Constitution and powers of Supreme Court of South Africa

68. (1) The judicial authority of the Republic is vested in a Supreme Court to be known as the Supreme Court of South Africa and consisting of an Appellate Division and such provincial and local divisions as may be prescribed by law.

(2) The Supreme Court of South Africa shall, subject to the provisions of sections 18 and 34, have jurisdiction as provided in the Supreme Court Act, 1959.

(3) Save as otherwise provided in the Supreme Court Act, 1959, Bloemfontein shall be the seat of the Appellate Division of the Supreme Court of South Africa.

Administrative functions relating to administration of justice

69. All administrative powers, duties and functions affecting the administration of justice shall be under the control of the Minister of Justice.

PART VIII

PRESIDENT'S COUNCIL

Establishment and constitution of President's Council

70. (1) There shall be a President's Council consisting of-

(a) 20 members designated by resolution of the House of Assembly;

(b) 10 members designated by resolution of the House of Representatives;

(c) 5 members designated by resolution of the House of Delegates; and

(d) 25 members appointed by the State President,

or, in the case of members contemplated in paragraph (a), (b) or (c), such smaller number of members, if any, as may have been so designated by the House in question.

(2) (a) Subject to the provisions of paragraph (f) of this sub-section, the members of the President's Council appointed under subsection (1) (d) shall include 10 persons of whom-

(i) six have been nominated as provided in paragraph (b) of this subsection by members of the House of Assembly who were supporters of the opposition parties in that House at the time of the nomination;

(ii) three have been so nominated by members of the House of Representatives who were supporters of the opposition parties in that House at the time of the nomination;

(iii) one has been so nominated by members of the House of Delegates who were supporters of the opposition parties in that House at the time of the nomination.

(b) Any nomination contemplated in paragraph (a) shall be made by election, according to the principle of proportional representation whereby each voter has one transferable vote, by the members of the House in question who are supporters of opposition parties in the House and who are present at a meeting of such members called in accordance with the provisions of paragraph (c): Provided that any nomination -made in pursuance of an agreement among such members of the House who are present at the meeting shall be a valid nomination for all purposes.

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(c) A meeting contemplated in paragraph (b) shall take place during a session of Parliament or of the House in question and under the chairmanship of the Speaker of Parliament or the Chairman of the House, at a time and place fixed by the Speaker and made known by him or that Chairman at a sitting of the House, and the date so fixed shall-

(i) in the case of a dissolution of the President's Council, be a date after the dissolution but not more than 14 days thereafter;

(ii) if the House was dissolved otherwise than at a dissolution of Parliament, and at least two members of the newly constituted House who would be entitled in terms of paragraph (a) to participate in a nomination have requested the Speaker in writing that such a meeting be called, be a date not more than 14 days after the first meeting of the newly constituted blouse;

(iii) in the case of a casual vacancy in the President's Council in respect of which a person is to be nominated for appointment and of which notice in writing has been given to the Speaker by the Chairman of the President's Council, be a date not more than 14 days after the date of the notice or, if Parliament or the House is not then in session, a date not more than 14 days after the commencement of the next ensuing session of Parliament or the House.

(d) The regulations which apply in terms of this Act to an election of members of a House in terms of section 41 (1) (c), 42 (1) (c) or 43 (1) (c) at a meeting of members of the House who may vote at such an election, shall apply mutatis mutandis to an election contemplated in paragraph (b) of this subsection, except in so far as they are amended or replaced by regulations made by the State President for the purposes of an election so contemplated.

(e) The Speaker shall submit to the State President in writing-

(i) the name of every person nominated in terms of this subsection;

(ii) the date upon which he was nominated; and

(iii) if he has been nominated at a meeting called in terms of paragraph (c) (ii) for appointment in the place of a member of the President's Council, the name of the member in question, and the State President shall appoint the nominated person as a member of the President's Council.

(f) If the Speaker advises the State President-

(i) that a meeting was called in accordance with the provisions of paragraph (c) and that a nomination which was required to be made thereat, was not made; or

(ii) that such a meeting cannot be called for the reason that there is no opposition party in the House in question or that there is only one opposition party in the House with only one member of the House supporting it or that any circumstance contemplated in section 37 (2) applies to the House, the State President may appoint any person deemed fit by him as a member of the President's Council in the seat in question: Provided that the provisions of this sub-section shall again apply to any subsequent appointment to the seat in question.

(3) A casual vacancy in the President's Council shall he filled by the designation or appointment of a member in the same manner as that in which the member whose office is vacant was designated or appointed.

Qualifications and period of office of members of President's Council

71. (1) No person shall be qualified to be designated or appointed as a member of the President's Council-

(a) unless he is of or over the age of 30 years;

(b) in the case of a member designated by a House, unless he is a member of such House or is qualified to be elected or nominated and take his seat as a member of such House;

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(c) in the case of a member appointed by the State President, unless he is a member of a House or is qualified to be elected or nominated and take his seat as a member of a House:

Provided that the provisions of section 54 (e) shall not apply with reference to the qualification of a person to be designated or appointed as a member of the President's Council or to be such a member.

(2) A member of the President's Council shall hold office until the next ensuing dissolution of that Council in terms of section 77, but shall be eligible for redesignation or reappointment.

(3) A member of the President's Council shall vacate his office-

(a) on the dissolution of that Council;

(b) subject to the proviso to subsection (1), if he becomes disqualified to be elected or nominated and take his seat as a member of any House;

(c) if he becomes a member of a House or of a provincial council;

(d) in the case of a member designated by a House which was thereafter dissolved, if the House constituted after the general election held in pursuance of such dissolution, withdraws the designation of that member-

(i) where it was a dissolution of Parliament, by a resolution adopted before that member vacates his office in terms of paragraph (a) of this subsection;

(ii) where it was a dissolution of such House only, by a resolution adopted within seven days after the first meeting of the House as reconstituted;

(e) in the case of a member appointed otherwise than in terms of section 70 (2) by a State President who thereafter resigned his office or was removed from office or died, if the appointment of such member is withdrawn by the newly elected State President within seven days after having assumed office;

(f) in the case of a member appointed by the State President in terms of subsection (2) of section 70, on the date on which a person nominated under that subsection for appointment in the place of the member concerned, by competent members of the House in question at a meeting of such members called in terms of paragraph (c) (ii) of that subsection, becomes a member of the President's Council by virtue of his appointment in terms of paragraph (e) of that subsection.

(4) A member of the President's Council may resign as such member by lodging his resignation in writing with the State President, who shall, in the case of a member designated by a House, forthwith notify the Chairman of the House in question of the resignation.

(5) The designation or redesignation of a person as a member of the President's Council by a House during the period in which a member's designation may be withdrawn under subsection (3) (d) (i) of this section, shall take effect on the day on which the then existing President's Council dissolves in terms of section 77, and shall be a designation as a member of the President's Council constituted on or after that day.

Chairman of President's Council

72. (1) The President's Council shall elect a Chairman from among its members at its first meeting after its constitution, at which a person designated by the State President shall preside until a Chairman is elected.

(2) The Chairman of the President's Council shall hold office until the dissolution of that Council in terms of section 77 unless he-

(a) ceases earlier to be a member of that Council; or

(b) resigns as Chairman by lodging his resignation in writing with the State President; or

(c) is removed from office as Chairman by resolution of that Council.

(3) The President's Council shall at its first meeting elect one of its members as Deputy Chairman, who shall act in the stead of the Chairman when the Chairman is unable to perform the functions of his office.

(4) When neither the Chairman nor the Deputy Chairman is able to act, the President's Council shall elect one of its members to act in the stead of the Chairman.

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Remuneration and allowances of members

73. (1) The members of the President's Council shall receive such remuneration and allowances as the State President may determine, as well as such other benefits as he may determine by proclamation in the Gazette.

(2) Such remuneration, allowances or benefits may differ according to the offices held by members in the Council, and according to whether the functions performed by members or attached to such offices are in the opinion of the State President of a full-time or part-time nature.

Quorum

74. The presence of at least 30 members of the President's Council shall be necessary to constitute a meeting of the President's Council for the exercise of its powers.

Decisions

75. All questions at a meeting of the President's Council shall be determined by a majority of votes of the members present other than the presiding member, who shall have and exercise a casting vote in the case of an equality of votes.

Rules of procedure

76. (1) Subject to the provisions of this Act, the President's Council may make rules and orders in connection with the order and conduct of its business and proceedings, the establishment, constitution and powers of committees of the Council and the order and conduct of their business and proceedings.

(2) Any Minister or Deputy Minister has the right to sit and to speak in the President's Council, but shall not vote therein.

Duration of President's Council

77. The President's Council shall be dissolved by the first dissolution of Parliament following the constitution of that Council, but the dissolution of the President's Council shall take effect on the day on which the State President elected after such dissolution of Parliament assumes office.

Powers and functions of President's Council

78. (1) The President's Council shall at the request of the State President advise him on any matter referred to it by the State President for its advice, and may, in its discretion, advise him on any matter (excluding draft legislation) which, in its opinion, is of public interest.

(2) Whenever a matter is referred to the President's Council for its advice or when that Council is of the opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 76 for advice, and if the Council is not in session, reference of such matter to such a committee for its advice may be effected in accordance with rules and orders made by the Council.

(3) The President's Council may transmit any advice received by it in terms of subsection (2) to the State President as the advice of the Council, whether with or without its comments thereon.

(4) (a) When any bill or bills are referred for decision to the President's Council under section 32, it may refer such bill or bills to a committee contemplated in section 76 for investigation and report, and if the Council is not in session, reference of such bill or bills to such a committee for investigation and report may be effected in accordance with rules and orders made by the Council, and the Council may take any such report and any recommendation contained therein into consideration when acting in terms of paragraph (b) of this subsection or in terms of subsection (5) of this section.

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(b) The President's Council may from time to time advise the State President that any bill or bills so referred to it, be amended or otherwise dealt with in the manner recommended by the President's Council.

(5) Unless the State President withdraws the reference, the President's Council shall decide-

(a) in the case of a bill referred to in section 32 (1) (a), either that the bill is to he presented to the State President for assent or that it shall not be so presented;

(b) in the case of a bill referred to in section 32 (1) (b), either which one of the different versions of such bill that were passed is to be presented to the State President for assent, or that none of those versions shall be so presented;