Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/34



have been taken by the House of Assembly constituted under this Act.

(4) The House of Assembly as constituted for the purposes of the previous Constitution and in existence immediately before the commencement of this Act, shall be deemed to have been duly constituted for the purposes of this Act, and any person elected or nominated as a member of that House of Assembly and holding office immediately before such commencement, shall be deemed to have been duly elected or nominated to the House of Assembly established by this Act.

(5) The regulations made under section 40 (1A) of the previous Constitution shall continue to be of force and to apply to the election of members of the House of Assembly in terms of section 41 (1) (c) of this Act, and shall apply mutatis mutandis to elections of members of the House of Representatives and members of the House of Delegates in terms of sections 42 (1) (c) and 43 (1) (c) of this Act, until they are replaced by regulations under section 46 (1) of this Act.

(6) (a) The rules and orders of the House of Assembly as they exist at the commencement of this Act, shall apply mutatis mutandis in connection with the functions and proceedings of the House of Representatives and the House of Delegates, unless and until the House in question provides otherwise.

(b) Rules and orders approved by the House of Assembly before the commencement of this Act as joint rules and orders of the Houses and published in the Gazette before such commencement by the Secretary to Parliament, shall after such commencement be deemed to be joint rules and orders approved by each of the Houses as contemplated in section 64, until, and except in so far as, they are replaced by rules and orders which have in fact been so approved: Provided that any rules and orders so published shall lapse on the expiry of a period of two years after the commencement of the first session of the first Parliament constituted under this Act.

(7) The first session of the first Parliament constituted in terms of this Act shall commence within 21 days after the polling day or the last polling day of the first general election of members of the House of Representatives and the House of Delegates, according to whether the poll in respect of those Houses is held on the same day or on different days.

(8) For the purposes of the application of section 39 (1) in relation to the first Parliament constituted in terms of this Act, its first session shall be deemed to have commenced on a date determined by the State President referred to in section 103 (1) by proclamation in the Gazette, which may not be a date earlier than the date of the first meeting of the House of Assembly which existed immediately before the commencement of this Act, or later than the day on which that first session actually commences.

(9) For the purposes of the first delimitation of electoral divisions of the House of Representatives and of the House of Delegates the words “voters of the House in the province in terms of the current voters’ lists, duly corrected up to the latest possible date” in section 49 (1) shall be deemed to be replaced by the words “persons who, according to the population register kept in terms of the Population Registration Act, 1950, and on a date not more than 30 days before the delimitation commission begins to perform its functions, would be entitled to be included in any lists of the voters contemplated in section 52 of the House in electoral divisions thereof in the province had the province been divided into electoral divisions of the House on the date in question”.

(10) (a) A person holding office as State President or Vice State President immediately before the commencement of this Act shall vacate his office at such commencement.