Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/14



REPUBLIC OF SOUTH AFRICA CONSTITUTION ACT, 1983 39. (1) Every Parliament shall continue for five years from the day on which its first session commences.

(2) The State President―

may dissolve Parliament by proclamation in the Gazette at any time; and shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament―

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

the State President may dissolve any House by proclamation in the Gazette if―

such House passes a motion of no confidence in the Cabinet; or such House rejects any bill referred to in subsection (2) (b) (ii); or any circumstance contemplated in section 37 (2) applies to such House; or the Ministers’ Council in question requests him to do so;

the State President shall so dissolve any House or reconstitute the Ministers’ Council in question if―

such House passes a motion of no confidence in the Ministers’ Council in question; or 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.

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―

every person who at the date of the dissolution is a member of such House shall remain a member thereof; such House shall remain competent to perform its functions; and 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―

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; four members nominated by the State President, of whom one shall be nominated from each province; eight 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 Assembly to be elected as provided in subsection (1) (a) in each province, shall be as follows:―