Republic of South Africa Constitution Act, 1961/1970-03-02

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

28. (1) The Senate shall subject to the provisions of the South-West Africa Affairs Amendment Act, 1949 (Act No. 23 of 1949) consist of―

eight senators nominated by the State President of whom two shall be nominated from each province; and so many senators, but not less than eight, in the case of each province as are equal to one-tenth of the number of the electoral divisions into which that province has at the last delimitation under this Act, for the election of members of the House of Assembly been divided, together with the electoral divisions into which that province has been so divided for the election of provincial councillors.

(2) Where in the case of any province the figure to be divided by ten for the purpose of determining the number of senators to be elected in respect of that province in terms of paragraph (b) of sub-section (1) is not a multiple of ten, that figure shall for the said purpose be assumed to be the lowest multiple of ten above the said figure.

(3) The senators referred to in paragraph (b) of sub-section (1) shall in the case of each province be elected jointly by the sitting members of the House of Assembly and provincial councillors for that province.

30. (1) The senators elected under sub-section (3) of section twenty-eight shall hold their seats for five years unless the Senate be sooner dissolved.

(2) If the seat of an elected senator becomes vacant, the sitting members of the House of Assembly and the provincial councillors for the province concerned shall elect a person to hold the seat until the completion of the period for which the person in whose stead he is elected, would have held the seat.

(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

(4) The State President may make regulations in regard to the election of senators under this Act, including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such elections.

33. (1) Notwithstanding anything contained in this Act or any other law the State President may―

at any time by proclamation in the Gazette dissolve the Senate simultaneously with the House of Assembly; dissolve the Senate at any time within one hundred and twenty days of any dissolution of the House of Assembly or the expiry of the term of office of a provincial council under section seventy-one.

(2) Upon any such dissolution of the Senate all the members of the Senate, including those members who were elected or nominated under the South-West Africa Affairs Amendment Act, 1949 (Act No. 23 of 1949), shall vacate their seats.

(3) Any senator nominated in terms of section twenty-eight of this Act or under the South-West Africa Affairs Amendment Act, 1949, shall, subject to the provisions of this Act and any other law, vacate his seat if the Prime Minister vacates his office and another person becomes Prime Minister and the State President publishes a notice in the Gazette that a change of Government has occurred.

40. The House of Assembly shall be composed of―

one hundred and sixty 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 forty-three; and

six members elected in accordance with the provisions of the South-West Africa Affairs Amendment Act, 1949 (Act No. 23 of 1949).

68. (1) There shall be a provincial council in each province consisting of the same number of members as are elected in the province for the House of Assembly under this Act: Provided that, in any province whose representatives in the House of Assembly are less than twenty-five in number, the provincial council shall consist of twenty-five members.

(2) Any person qualified to vote for the election of members of a provincial council under this Act shall be qualified to be a member of such council under this Act.

(3) Any provincial council constituted as provided in section seventy of the South Africa Act, 1909, and in existence immediately prior to the commencement of this Act, shall be deemed to have been duly constituted as provided in this Act.