Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/24



REPUBLIC OF SOUTH AFRICA CONSTITUTION ACT, 1983 in the case of a dissolution of the President’s Council, be a date after the dissolution but not more than 14 days thereafter; 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 House; 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―

the name of every person nominated in terms of this subsection; the date upon which he was nominated; and 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―

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 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.

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

unless he is of or over the age of 30 years; 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; in the case of a member appointed by the State President, unless he is a member of a House or is qualified