Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/51



Chapter 6—Provinces

regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.

A person who is not eligible to be a member of a provincial legislature in terms of subsection (1)(a) or (b) may be a candidate for the legislature, subject to any limits or conditions established by national legislation.

A person loses membership of a provincial legislature if that person —

ceases to be eligible; or is absent from the legislature without permission in circumstances for which the rules and orders of the legislature prescribe loss of membership.

Vacancies in a provincial legislature must be filled in terms of national legislation.

Oath or affirmation

Before members of a provincial legislature begin to perform their functions in the legislature, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Duration of provincial legislatures

A provincial legislature is elected for a term of five years.

If a provincial legislature is dissolved in terms of section 109 , or when its term expires, the Premier of the province, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the legislature was dissolved or its term expired.

If the result of an election of a provincial legislature is not declared within the period referred to in section 190 , or if an election is set aside by a court, the President, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside.

A provincial legislature remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next legislature.

Dissolution of provincial legislatures before expiry of term

The Premier of a province must dissolve the provincial legislature if —

the legislature has adopted a resolution to dissolve with a supporting vote of a majority of its members; and three years have passed since the legislature was elected.