Republic of South Africa Constitution Act, 1961/1977-11-29

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

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

28. (1) The Senate shall 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.

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 shall vacate their seats.

(3) Any senator nominated in terms of section 28 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. (1) The House of Assembly shall be composed of one hundred and sixty-five 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.

(2) The number of members of the House of Assembly to be elected in each province, shall be as follows:―

(3) Notwithstanding any provision to the contrary contained in this Act, the number of members of the House of Assembly to be elected in each province as provided in subsection (2), shall not be altered until a period of ten years has elapsed from the date of commencement of section 81 of the Constitution and Elections Amendment Act, 1973.