Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/18

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54. (1) A member of the Senate who is elected as a member of the House of Assembly shall vacate his seat as a senator with effect from the date on which he becomes a member of the House of Assembly.

(2) A member of the House of Assembly who is elected or nominated as a member of the Senate shall vacate his seat as a member of the House of Assembly with effect from the date on which he becomes a member of the Senate.

(3) A member of the Senate or the House of Assembly who is elected as a member of a provincial council shall cease to be a member of the Senate or the House of Assembly with effect from the date upon which he becomes a member of that provincial council.

(4) A Minister who is a member of the Senate or the House of Assembly and a member of the Senate or the House of Assembly holding office as a deputy to any Minister, shall have the right to sit and speak in the Senate and in the House of Assembly, but shall vote only where he is a member.

55. No person shall be capable of being elected or nominated or of sitting as a member of the Senate or the House of Assembly, if he―

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 such imprisonment has expired at least five years before the date of his election or nomination; or is an unrehabilitated insolvent; or is of unsound mind, and has been so declared by a competent court; or holds any office of profit under the Republic: Provided that the following persons shall not be deemed to hold an office of profit under the Republic for the purposes of this paragraph, namely―

a Minister of the Republic, or any person holding office as deputy to any Minister; a person in receipt of a pension from the Republic; 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; any person who has been appointed or has become a justice of the peace under section two of the Justices of the Peace and Oaths Act, 1914 (Act No. 16 of 1914); 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 (Act No. 44 of 1957);