Republic of South Africa Constitution Act, 1961/1972-07-05

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

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

55. No person shall be capable of being elected or nominated or of sitting as a member of the Senate or the House of Assembly, if he―

has at any time been convicted of any offence for which he has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he has received a grant of amnesty or a free pardon, or unless such imprisonment has expired at least five years before the date of his election or nomination; or is an unrehabilitated insolvent; or is of unsound mind, and has been so declared by a competent court; or holds any office of profit under the Republic: Provided that the following persons shall not be deemed to hold an office of profit under the Republic for the purposes of this paragraph, namely―

a Minister of the Republic, or any person holding office as deputy to any Minister; a person in receipt of a pension from the Republic; an officer or member of the South African Defence Force on retired or half-pay, or an officer or member of the South African Defence Force whose services are not wholly employed by the Republic; any person who has been appointed or has become a justice of the peace under section two of the Justices of the Peace and Oaths Act, 1914 (Act No. 16 of 1914); any person appointed as appraiser under section 6 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), or deemed to have been so appointed;

any person who, while the Republic is at war, is an officer or member of the South African Defence Force or any other force or service established by or under the Defence Act, 1957 (Act No. 44 of 1957); a member of any council, committee, board or similar body established by or under any law who receives no payment in respect of his services on such council, committee, board or body in excess of an allowance at a rate not exceeding eleven rand for each day on which he renders such services, together with the reimbursement of any travelling expenses incurred by him in the course of such services and an allowance in respect of entertaining by him in connection with such services.