Senate Act, 1955/1960-06-03

2. (1) The Senate shall, subject to the provisions of the South-West Africa Affairs Amendment Act, 1949 and the Separate Representation of Voters Act, 1951, consist of―

eight senators nominated by the Governor-General, of whom two shall be nominated from each province of the Union; 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 the South Africa Act, 1909, 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.

(1)bis 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.

(2) The Senators referred to in paragraph (b) of sub-section (1) shall in the case of each province be elected jointly by the then sitting members of the House of Assembly and provincial councillors for that province other than the members elected under the Separate Representation of Voters Act, 1951.

3. (1) The senators nominated by the Governor-General in terms of paragraph (a) of sub-section (1) of section two shall, subject to the provisions of section one of the Senate Act, 1926 (Act No. 54 of 1926), hold their seats for five years.

The Governor-General shall when nominating senators have regard to the desirability of ensuring that the Senate will as far as practicable consist of persons having knowledge of matters affecting the various interests of the inhabitants of the Union. When nominating senators, the Governor-General shall have regard further to the requirement that at least one of the two senators nominated from each province under this section shall be thoroughly acquainted, by reason of official experience or otherwise, with the interests of the coloured population in the province concerned for which the said senator is nominated, and that the said senator should be capable inter alia of serving as the channel through which the interests of the said coloured population in the province concerned may be promoted. For the purposes of this sub-section, the coloured population of any province shall be deemed to consist of persons who are members of the Cape Coloured Group, the Malay Group, the Griqua Group or the Other Coloured Group as defined in paragraph (d). For the purposes of this sub-section the―

Cape Coloured Group includes any person who in fact is, or is generally accepted as a member of the race or class known as the Cape Coloureds; Malay Group includes any person who in fact is, or is generally accepted as a member of the race or class known as the Cape Malays; Griqua Group includes any person who in fact is, or is generally accepted as a member of the race or class known as the Griquas; and Other Coloured Group includes any person who is not included in the Cape Coloured Group, the Malay Group or the Griqua Group, nor in the Chinese Group, the Indian Group or the Other Asiatic Group as defined in Proclamation No. 46 of 1959 issued under the provisions of sub-section (2) of section five of the Population Registration Act, 1950 (Act No. 30 of 1950), and who is not a white person or a native as defined in section one of that Act.

(3) If the seat of a senator so nominated becomes vacant, the Governor-General shall nominate another person to hold the seat until the completion of the period for which the person in whose stead he is nominated would have held the seat.

4. (1) The senators elected under sub-section (2) of section two shall hold their seats for five years unless the Senate be sooner dissolved.

(2) If the seat of an elected senator becomes vacant, the then sitting members of the House of Assembly and the provincial councillors for the province concerned (other than the members elected under the Separate Representation of Voters Act, 1951), shall elect a person to hold the seat until the completion of the period for which the person in whose stead he is elected, would have held the seat.

(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

(4) The Governor-General may make regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with any such election.