South Africa Act, 1909/1933-06-02

as amended by

Exchequer and Audit Act, No. 21 of 1911

Appellate Division Act, No. 12 of 1920

South Africa Act, 1909, Amendment Act, No. 9 of 1925

South Africa Act, 1909, Further Amendment Act, No. 34 of 1925

Local Government (Provincial Powers) Act, No. 1 of 1926

Electoral Act, 1918, Amendment Act, No. 11 of 1926

Criminal and Magistrates’ Courts Procedure (Amendment) Act, No. 39 of 1926

Payment of Members of Parliament Act, No. 51 of 1926

Administration of Justice (Further Amendment) Act, No. 11 of 1927

Rhodesia Appeals Act, No. 18 of 1931

South Africa Act Amendment Act, No. 17 of 1933

14. (1) The Governor-General may appoint officers not exceeding eleven in number to administer such departments of State of the Union as the Governor-General-in-Council may establish; such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Executive Council and shall be the King’s Ministers of State for the Union. After the first general election of members of the House of Assembly, as herein after provided, no minister shall hold office for a longer period than three months unless he is or becomes a member of either House of Parliament.

(2) Whenever any Minister of State is from any cause whatever unable to perform any of the functions of his office, the Governor-General-in-Council may appoint any member of the Executive Council (whether he has or has not been appointed as a Minister of State, under sub-section (1)) to act in the said Minister’s stead, either generally or in the performance of any particular function.

53. No person shall be capable of being chosen or of sitting as a senator or as a member of the House of Assembly who―

has been at any time convicted of any crime or offence for which he shall have been sentenced to imprisonment without the option of a fine for a term of not less than twelve months, unless he shall have received a grant of amnesty or a free pardon, or unless such imprisonment shall have expired at least five years before the date of his election; or is an unrehabilitated insolvent; or is of unsound mind, and has been so declared by a competent court; or holds any office of profit under the Crown within the Union: Provided that the following persons shall not be deemed to hold an office of profit under the Crown for the purposes of this sub-section:

a Minister of State for the Union; a person in receipt of a pension from the Crown; an officer or member of His Majesty’s naval or military forces on retired or half-pay, or an officer or member of the naval or military forces of the Union whose services are not wholly employed by the Union; any person who has been appointed or became a justice of the peace under section two of the Justices of the Peace and Oaths Act, 1914 (Act No. 16 of 1914), and any justice of the peace appointed before the commencement of the said Act, who performs his functions as such by virtue of section five of that Act.