Republic of South Africa Constitution Act, 1961/1982-08-27

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

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

 40A. (1) In this section “Walvis Bay” means the port and settlement of Walvis Bay mentioned in the Walfish Bay and St John’s River Territories Annexation Act, 1884 (Act No. 35 of 1884), of the Cape of Good Hope, and includes the territory surrounding it and bounded as described in the said Act.

(2) As from the commencement of section 2 of the Constitution Amendment Act, 1982, and notwithstanding anything to the contrary in this Act contained―

Walvis Bay shall cease to be a part of the electoral division of Green Point, and the description of that electoral division as made known by Proclamation No. 187 of 1980 is hereby amended by the deletion of paragraph (a) thereof; Walvis Bay shall under that name be an electoral division of the Republic in the province of the Cape of Good Hope, and shall continue to exist as such electoral division, separate from and additional to the electoral divisions into which the rest of the Republic and that province have been divided, as at the said commencement, in terms of section 42 read with paragraph (a) of this subsection, or are divided, at any time thereafter, in terms of that section as applied by subsection (3) of this section; the House of Assembly shall be composed of the members provided for in section 40 and a member for Walvis Bay, who shall be directly elected by persons entitled to vote at an election of such a member in Walvis Bay; and Walvis Bay shall, for the purposes of section 69 (1), the provisions of the Electoral Act, 1979 (Act No. 45 of 1979), and, unless it is clearly inappropriate, the provisions of any other law, be deemed to be delimited as an electoral division under this Act or the relevant provisions thereof, as the context may require.

(3) In the application of sections 42 and 43 of this Act with reference to a division of the Republic, after the commencement of section 2 of the Constitution Amendment Act, 1982, into the number of electoral divisions specified in subsection (1) of the first-mentioned section―

Walvis Bay shall be deemed not to be part of the Republic or the province of the Cape of Good Hope; and the voters in Walvis Bay in terms of the current voters’ list, duly corrected up to the relevant date contemplated in subsection (1) of the said section 43, shall be deemed not to be voters in the province of the Cape of Good Hope,

but a reference to the relevant particulars of Walvis Bay, together with the number of voters therein as determined for the purposes of paragraph (b) of this subsection, shall be submitted to the State President by the commission constituted under subsection (1) of the said section 42 to make the relevant division and made known by the State President as provided in section 44, as if Walvis Bay had been delimited as an electoral division by that commission.

