Republic of South Africa Constitution Act, 1961/1981-02-24

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 Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

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.

(1C) Any person who―

has been nominated from a province as a member of the House of Assembly in terms of paragraph (b) of subsection (1) of this section or elected as such a member in terms of paragraph (c) of that subsection; and in terms of section 53 is a member of the House of Assembly on the day immediately preceding the polling day for the election referred to in paragraph (a) of the said subsection which is held in pursuance of any dissolution of the House of Assembly; and is not elected as a member of the House of Assembly at such election,

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―

in the case of a person deemed in terms of the said provisions to have been nominated from a particular province as a member in terms of paragraph (b) of subsection (1), on the day immediately preceding the day on which a member is in terms of that paragraph nominated from the province concerned in pursuance of the dissolution of the House of Assembly referred to in the said provisions, or, if a member is not so nominated within the period of one hundred and eighty days after that dissolution, at the expiration of that period; and in the case of a person so deemed to have been elected as a member in terms of paragraph (c) of subsection (1), on the day immediately preceding the first day on which members are elected in terms of that paragraph in pursuance of the said dissolution of the House of Assembly or, if no members are so elected within the period of one hundred and eighty days after that dissolution, at the expiration of that period: Provided that if such person is so elected but not on such first day, he shall be deemed to have remained a member of the House of Assembly up to and including the day immediately preceding the day on which he is so 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.

44. (1) A commission constituted under the provisions of section forty-two shall submit to the State President―

a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division; a map or maps showing the electoral divisions into which the provinces have been divided; such further particulars as it considers necessary.

(2) The State President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The State President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of the Republic in the provinces.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description or, if the description has been amended in terms of subsection (5), the description as so amended, shall prevail.

(5) (a) If the commission is satisfied that any such discrepancy as aforesaid is due to an error in the description of the boundaries of any division, it shall in writing inform the State President accordingly and submit an amendment of the relevant description, correcting the error and certified by the commission, to the State President, unless the period allowed in terms of paragraph (c) for such an amendment has expired.

(b) Subject to the provisions of paragraph (c), the State President shall by proclamation in the Gazette make known any amendment submitted to him in terms of paragraph (a), and thereafter, until there shall be a re-division, the boundaries as so amended shall be the boundaries of the division concerned.

(c) No description of the boundaries of any division shall be amended under this subsection after the date on which the proclamation in respect of the first general election held after the completion of the relevant re-division is published in the Gazette in terms of section 34 of the Electoral Act, 1979 (Act No. 45 of 1979).

(6) (a) The State President may by proclamation in the Gazette alter the name of any division as made known under subsection (3).

(b) The name given to any division under paragraph (a) shall, notwithstanding the provisions of subsection (3), be the name of that division until there shall be a re-division.