Republic of South Africa Constitution Act, 1983/1986-07-01

as amended by

Constitution Amendment Act, No. 105 of 1984

Powers and Privileges of Parliament and the Constitution Amendment Act, No. 99 of 1985

Provincial Government Act, No. 69 of 1986

55. (1) A member of a House shall vacate his seat if he―

becomes subject to any disability mentioned in section 54; or ceases to be qualified as required by law; or fails for a whole ordinary session of Parliament or of the House of which he is a member to attend without the special leave of that House, unless his absence is due to his serving, while the Republic is at war, with the South African Defence Force or any other force or service established by or under the Defence Act, 1957.

(2) A member of a House who―

is designated or appointed as a member of the President’s Council, shall vacate his seat as a member of such House with effect from the date on which he becomes a member of the President’s Council; is appointed to the office of administrator of a province or of member of the executive committee of a province, shall vacate his seat as a member of such House with effect from the date on which he assumes such office.

71. (1) No person shall be qualified to be designated or appointed as a member of the President’s Council―

unless he is of or over the age of 30 years; in the case of a member designated by a House, unless he is a member of such House or is qualified to be elected or nominated and take his seat as a member of such House; in the case of a member appointed by the State President, unless he is a member of a House or is qualified to be elected or nominated and take his seat as a member of a House:

Provided that the provisions of section 54 (e) shall not apply with reference to the qualification of a person to be designated or appointed as a member of the President’s Council or to be such a member.

(2) A member of the President’s Council shall hold office until the next ensuing dissolution of that Council in terms of section 77, but shall be eligible for redesignation or reappointment.

(3) A member of the President’s Council shall vacate his office―

on the dissolution of that Council; subject to the proviso to subsection (1), if he becomes disqualified to be elected or nominated and take his seat as a member of any House; if he becomes a member of a House or is appointed as administrator or member of an executive committee of a province in terms of the Provincial Government Act, 1986;

in the case of a member designated by a House which was thereafter dissolved, if the House constituted after the general election held in pursuance of such dissolution, withdraws the designation of that member―

where it was a dissolution of Parliament, by a resolution adopted before that member vacates his office in terms of paragraph (a) of this subsection; where it was a dissolution of such House only, by a resolution adopted within seven days after the first meeting of the House as reconstituted;

in the case of a member appointed otherwise than in terms of section 70 (2) by a State President who thereafter resigned his office or was removed from office or died, if the appointment of such member is withdrawn by the newly elected State President within seven days after having assumed office; in the case of a member appointed by the State President in terms of subsection (2) of section 70, on the date on which a person nominated under that subsection for appointment in the place of the member concerned, by competent members of the House in question at a meeting of such members called in terms of paragraph (c) (ii) of that subsection, becomes a member of the President’s Council by virtue of his appointment in terms of paragraph (e) of that subsection.

(4) A member of the President’s Council may resign as such member by lodging his resignation in writing with the State President, who shall, in the case of a member designated by a House, forthwith notify the Chairman of the House in question of the resignation.

(5) The designation or redesignation of a person as a member of the President’s Council by a House during the period in which a member’s designation may be withdrawn under subsection (3) (d) (i) of this section, shall take effect on the day on which the then existing President’s Council dissolves in terms of section 77, and shall be a designation as a member of the President’s Council constituted on or after that day.

98. (1) Any Act of Parliament or other law which at the commencement of this Act is administered by a Minister of the Republic or in a department of State controlled by such a Minister and which relates to a matter referred to in section 14 shall, notwithstanding the fact that it relates to such matter, be regarded as a general law for the purposes of this Act until, and except in so far as, its administration is assigned under section 26 to a Minister of a department of State for own affairs of a population group.

(2) Any Act of Parliament or other law which entrusts any power, duty or function to the executive committee or other executive authority of such province established by the previous Constitution and which relates to a matter referred to in section 14 shall, notwithstanding the fact that it relates to such matter, be administered according to its provisions unless, and except in so far as, its administration is assigned to a Minister under subsection (3) (b).

(3) The State President may by proclamation in the Gazette―

after consultation with the executive committee of the province concerned, declare that the provisions of Part IV apply to a law referred to in subsection (2) to the extent stated in the declaration; when he so declares or at any time thereafter, assign the administration of such law to a Minister; when he so assigns the administration of such law or at any time thereafter, and in so far as he considers it necessary for the efficient carrying out of the assignment by the Minister or in his department or of such law in so far as its administration is not so assigned―

amend or adapt such law in order to regulate its application or interpretation; where the assignment does not relate to the whole of such law, repeal and re-enact, whether with or without an amendment or adaptation contemplated in subparagraph (i), those of its provisions to which the assignment relates or in so far as the assignment relates to them; regulate any other matter necessary, in his opinion, as a result of the assignment, including the transfer or admission of persons to or in the service of the State or any other person, subject to conditions not less favourable than those under which they serve, and the transfer of assets, liabilities, rights and obligations, including moneys, to or from the State or any other person or body established by law.

(4) Section 26 shall apply mutatis mutandis to an assignment under subsection (3) (b) of this section, but in such application any reference in that section to a Minister to whom a provision in a law entrusts any power, duty or function shall be construed as a reference to the relevant executive committee or other executive authority referred to in subsection (2) of this section.