Page:Republic of South Africa Constitution Amendment Act 1981.djvu/2

2   No. 7458

Act No. 40, 1981. GENERAL EXPLANATORY NOTE

To amend the Republic of South Africa Constitution Act, 1961, to provide for the continued membership of certain members of the House of Assembly for limited periods as from the polling day for a general election; the correction of errors in the description of the boundaries of electoral divisions under certain circumstances; and the alteration of names of electoral divisions by proclamation by the State President; to repeal subsection (4) of section 37 of the Republic of South Africa Constitution Fifth Amendment Act, 1980; and to provide for matters connected therewith.

(English text signed by the State President.) (Assented to 23 February 1981.)

E IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:―

1. Section 40 of the Republic of South Africa Constitution Act, 1961, is hereby amended by the insertion after subsection (1B) of the following subsections: “ (1C) Any person who― shall, during the period which in terms of subsection (1D) of this section is applicable in his case, be deemed to have been nominated from the province concerned in terms of the said paragraph (b) or elected in terms of the said paragraph (c), as the case may be, as a member of the House of Assembly on that polling day.

(1D) Any person who is a member of the House of Assembly in terms of the provisions of subsection (1C) shall cease to be such a member in terms of those provisions―