Republic of South Africa Constitution Act, 1961/1980-12-05

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

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

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980 (ss. 1, 5, 6, 7, 8, 9, 11(a), 17, 34)

40. (1) The House of Assembly shall be composed of―

165 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 43; four members nominated by the State President, of whom one shall be nominated from each province; eight members elected by the members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote.

(1A) The State President may make regulations in regard to the election of members in terms of subsection (1) (c), including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such election of members.

(1B) A casual vacancy in the seat of a member nominated or elected in terms of subsection (1) (b) or (c) shall be filled by the nomination or election of a member for the unexpired portion of the period of office of the member in whose stead he is nominated or elected, and in the same manner in which the last-mentioned member was nominated or elected.

(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.