Constitution Amendment Act
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. . . . . . . . ~ KAAPSTAD, 6 JULIE 1984
.. ,, · ., .·CAPETOWN .. 6JULY1984· ·
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No. 9307
KANTOOR VAN DIE EERSTE MINISTER OFFICE OF THE PRIME 'MINISTER ... .
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... , . No.1459. ·6Julie 1984 No·~ 1459~· ·;·- - · 6Julyl984
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Hierby word bekena'geniaak d~t die Staatspresident· s~
tt edkeuring geheg bet aan die onderstaande Wet wat· rby ter algemene inligting gepublis~er word:- ., · ,
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. 105 van 1984: Grondwet:vr~igingswet; 1984. _ .: ..
' ~ .. ·:··Ji'.· is hereby notified that the State President has assented to the following Act which is hereby published . for general information:- ·
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No, 105 of 1984: Constitution Amendment Act, 1984 .
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed
on uneven numbered pages.
GOVERNMENT GAZETIE, 6 JULY 1984 No. 9307 3
CONSTITUTION AMENDMENT ACT, 1984 Act No. lOS, 1984 . .• , ,:
GENERAL EXPLANATORY NOTE: · t:
·] Words·•in bold .type in square brackets indicate omissions from existing_ ~nactments . . . ~ · ·
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Wordsunderlined with solid line-indicate insertions in existing · 'enactments. ·
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ACT To amend the Republic of South Africa Coristituti.on Act, 1961,
· so as to remove ·the restriction on the revision of . the re- . muneration ·and allowances of members of the President's
Council; to amend the Republic' of South Africa Constitution Act~ 1983, so as to make further provision for the chairman- ' ship at a meeting of a House of Parliament under certain cir~ . cumstances; the administration ''of· certain· departments of State and the performance of the functions of a Minister in that connection; the circumstances under which a House of · Parliament' is deemed to have rejected a bill, the filling of
· casual vacancies in certain seats in Parliament, the joint rules and orders of the Houses of Parliament; the right to sit
· and to speak in a House of Parliament,. the calling of joint sittings of the Houses of Parliament, the exercise of the pow- ers conferred in any ·law on the Prime Minister, the joint rules and orders that may be approved by . the House of As- sembly, the first session of the first Parliament constituted in terms of that- Act and ·the first delimitation of electoral divi~ sions of the House of Representatives and· the House of Del- egates; to remove certain disq'ualifications of certain persons in respect of the first election of members of the last-men- . tioned Houses of Parliament; to autltorize the ·payment of certain moneys to persons whovacate certain offices as are- sult of the provisions of the Republic of South AfriCa Consti- • tution Act, 198~; and to provide for iriddental matters •
. . : ' .. (Afrikaans text signed by the State' Presid~nt.) ~ · .· . . (Assented to 5 July 1?84.) . · -
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. BE rr ENAcrED by the State P~esident ~nd the House of. . ' .•. Assembly of the Republic of South' Africa, as follows:- . _ Am~ndment of .
. . . . . . section 102 of · · . . ·. • ' ; . . . ... ·. . . . . ·· Act 32 of 1961,. ..
. 1. (1) Sectmn 102 of the Republtc of South Afnca .. Constltu- ·as inserted by : tion Act,'1961, is hereby_.amended by the deletion of paragraph section34of 5 (c) of subsection ( 4}: , . - . . . · .. . . , . .· . . Act 101 of 1980
(2) S b · (1) h 11 b d. d h · · , · and amended by u sectiOn s a e · eeme to ave come mto opera- sections of . tin on lJuly 1983: . . . · . _ . · · , · . · .·. · · Act 101 of 1981.
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_ 2. Section 7 ofthe Republic of South Africa Constitution Act,' .. 1983, is hereby amended by the substitution for paragraph (d) of 10 subsection (1) of the following paragraph: . . · · ·
', "(d) . If there is no person who is competent to preside at a meeting of a House for the purposes of paragraph (b), the Secretary to Parliament or any other officer of Par liament designated by him shall preside thereat an
· 15 may exercise thereat the powers of the Chairman of th House.". · -··
Amendment of section 7 of . Act 110 of 1983.
GOVERNMENT GAZETIE, 6 JULY -1984 No.9307 5
CONSTITUTION AMENDMENT ACT, 1984 :Act No. 105, 1984 ·
. · 3. Section' 24 of the Republic of South Africa Constitution Amendment of Act, 1983; is hereby amended by the substitution for subsection section 24 of (1) of the following subsection: . .' ·- . · , . Act 110 of 1983. . "(1)11ie State.President may appoint as many persons as
5 . he may from time to ·time deem necessary to administer · such·. departments of · State of the Republic • as the State
President may establish, or to perform such other functions . as the State President. may ·determine, and he ·may himself
· administer such a department of State for general. affairs if 10 : at any time no person has been appointed under this subsec-
, , tion or section 2S to administer it." .. · • .; , '. ·• •. : ' . ' ,• .-- I ' 't •
: . :4. The following section is hereby substituted for section 26 of Su~titutionof the Republic of South Africa Constitution Act; 1983: · · section 26 of
. .. -· . · · Act 110 of 1983. · .. Ass!g~me~t · 26; QL The State Preside~t may assign .. the admin-
15 ~n~·i~~~e~~s ist~atio~ ?f any, provision in any law wh!ch entrusts another Min- to a Mtmster any power, · duty . or functiOn, to any
. ister, or other Minister- · ·· · ' , ~rfof~nce (a). either 'specifically' or by way' of a general assign- ~ne~~alo~r ment of the _administration ~f any law o~ of all
20 .State Presi· . : . . laws entrustmg powers, duttes or functtons to dent. · · · such first-mentioned Minister; and
(b) either generally or'in so far as. such provision, law or laws relate to any population group or
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·matter mentioned insuc.h assignment; " · · · · (2) ·A power, duty or function ~entrusted or as-
. signed by or un er this Act or. any other law to ·,Minister of a department of State for general affairs · which is administered by the State President, may be
. ' exercised or performed by the State President as i . he were the Minister of the department in question,
and may be exercised or performed on behalf of the .. State President by a Minister referred to in section 2 ·(b) or (c) who has been authorized 'thereto by the ,State President.''. · · ·
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35 ': .5. SeCtion 32 of the· Republic of South Africa· Constitution Am~ndmentof Act, 1983, is h~~eby amen~ed .by the su.bstitution, for subsection ~~~ff03;f~~83 (2) of the followmg subsect.Iorl: . . . 1. · • ' ,, .· , .. ''(2)_(a) If~. '': . . · . · ,: · · .·;, .. , · ., , . .
· · • (1) the State President, by: mes·sage to a House, has 40 · · · ·., , · < . : requested that a bill passed by another House and
. · ··introduced in the . House in question· or in respect ,d of which notice of a motion for its introduction or
• •• !- • • ·· ·consideratiOn has been giVen in that House, be diS-. . , \ ' . . posed of by that Hous~ before a date mentioned in
45 ' . · . . : the message, which' 'may tl'ot be a date earlier than 14 days after.the date of the .message; and ·
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(ii) that House has not disposed of such bill before the . . . date mentioned in the message, · . . , .· that House shall be deemed for the purposes of subsec-
tion (1) to have rejected the bill, unless the State Presi- dent by like message determines otherwise within seven .days after the date so mentioned. .. . . . ;
(b) A House which has rejected ·a motion for the introduc- tion or the consideration of a: bill shall be deemed for
; ..• the purposes of subsection (1)' .to have rejected the . bill.''. . - . . . . ' ' . ' ' ' ·. : ' . .
6. Section 46 of the .Republic of South Africa Constitution Am7ndment of Act, 1983, is hereby amended by the substitution for subsection ~ct•rf046f~~~ (2) of the following subsection: . . :. : :. . , '. . ct 0 •
60 . · • "(2) (a) A casual vacancy in the seat of a nominated or an indirectly elected'member of a House shall, subject to
. :the provisions of paragraph {b), be filled by, the nomi- nation or election of_ a member for the unexpired por- tion of the term ·or office of the member in whose stead
GOVERNMENT GAZETIE, 6 JULY 1984 No. 9307 7
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· . CONSTITUTION AMENDMENT ACf; 1984
.he is nominated or elected, and in the same manner in which the last~mentioned member. was nominated or elected. • · ·
(b): If a. casual vacancy in the seat of an indirectly elected mem er. o a ouse exists w 1 e t ere IS one or more directly elected members of the House who belong to 'or are supporters of the samepolitical party as that to which the member whose seat is vacant belonged or of which he was a supporter at the time when the seat bej
· ·· .. came vacant, the va·caricy shall" be filled, by the nomi- . nation of a member by the said directly elected mem . ber or members {hereinafter referred to as competent ·members) for the :unexpired portion of the term of
.. -office of the member whose 'Seat-is vacant: Provided thatin the case of a casual vacancy in the' seat of an in- directly elected member' _who, when ·the vacancy oc- curred, no longer belonged to or was a supporter of the said political ·party; · the vacancy shall be filled in the manner prescribed in paragraph (a). . ·
(c) A nomination in terms of para·graph (b) shall- . I (i) be made on a foim prescribed by the Speaker of
Parliament; . . (ii) contain the nominee's consent.'to his 'nomination
· and his confirmation that he is· competent to be- come a member of the House in question, signed ~h~; . . . ' . .
·.(iii) if there 'are not more than five competent members, • . . . . be signed by every competent meinber; . . ·.
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, •. ; · · (iv) i~ there are more than five com~ete.nt mer;nbei:s, be · stgned on behalf of the competent members by the leader of the political party in question in the; House and at least four other competent members;! and . . . .,•. , . .· . ·!
(v).· be lodged with the Secretary to Parliament, .who shall record on it, under his signature, the date on which hereceives it, . · .
and shall take effect on. the dat'e so recorded on it and not earlier. ~ . . . . . .
(d) A member of a House nominated in accordance with . paragraphs . (b) and. (c) of this subsection shall for the purposes of this Act and any:otherlaw be deemed to
. have been elected in accordance with the provisions of se'ction 41 (1) (c),-42 (1) (c) cir 43.'(1) (c), as the case
·may be, and any reference in this Act (except subsec- . tion (1) of this section) or any other law to an indirectly elected member or·a member elected cir ·to be elected as provided in the said provisions, or to the election of such a member; shall be .construed as inchidirig a refer- ence to a member nominated or to· be nominated as
· · . provided in parag~aphs (b) and (c) ofthis subsection or to· the nomination of a member in accordance with the last-mentioned paragraphs, as the case may be.".
Act No. lOS, 1984
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· . 7.' Section 60 :·of the' Republic of South Africa Constitution Am~ndmentof Act, 1983, is hereby amended by the substitution for subsection ~c~ff060f~~83 55 (1) of the following subsection: . . · c 0 ·
"(1) ·Every House shall at its first meeting not convened for the purposes of section 7 (1)'(b). before proceeding to the dtspatch of any otherbusmess. electa·member to be the Chairman of the House, and; as often as the office becomes
60 · . vacant, · the House ·shall again' elect a member to be the Chairman.". · · ' · · · -· ·
· 8.: 'sectio~ M .. ~f - th~. Republic o{ South Africa Constitution Amendment of Act, 1983, is hereby amended by the substitution for paragraph ~ction064 of (b) of subsection (1) of thefollowing paragraph: . · , ct 11 of 1983.
65 "(b) 'joint rules and orders' means rules and orders approved
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by each of the _Houses as joint rules and orders in con- nection with the order and conduct of-· (i) the business and proceedings of each in 'connection
with general matters and bills thereon or joint A
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GOVERNMENTGAZETIE, 6JULY 1984
· CONSTITUTION AMENDMENT ACf, 1984
committees . or a particular joint. committee or · other matters affecting all three Houses; or . -
(ii) the . business and proceedings of joint committees ·· ora particular jointcominittee;". >
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No.9307 9
'Act No. 105, 1984
5 ' .. 9. The follow.in'g section is hereby ·substituted for section 65 of Substitution of h R bl. · f S h 'Af · C · · A 1983 section 65 of ~ e epu tc o . out nca onstltutton ct, : Act 110 of 1983.
"Powers or 65. (1) The State President,' a Minister. who is a the ~tate member of the Cabinet and :any deputy to such a ~~i~~~:·and Minister has the right to sit ·and to speak in any
10 their deputies House, but may [only ,vote if he] not vote except, in in Houses. the case of such a Minister. or deputy who is a mem-
ber of a House; [and only] in the House of which he is a member. ' · ·: i ,. · ·
. , : (2) A member of a Ministers' Council who is not a . . 15 member of any House or of the Cabinet has the right
to. sit and to speak in the House of which the mem- ,. · hers are of the. same· population . group as· the mem-
l - .. . - ; , · • bers of ·the Ministers' Council in question, but may · not vote therein.".· · '
. :' ., ' 20 · .to. Section 67 of the Republic of South· Africa Constitution Am~ndment of
Act, 1983, is hereby amended by the substitution for subsection ~ct•fw67f~~83 (1) of the following subsection: · ct 0 • " (1) A joint .sitting of the Hous'es shall be called by the
StatePresidenfby message to the Houses or, in terms and 25 ' for the purposes of.the jointrules and orders contemplated
in section 64, by the Speaker of Parliament.". . ' '
ll. (1) Section ~102 of the Republic of South Africa Constitu- Am~ndment of tion Act, 1983, is hereby amended- ·. · · · · . . • section 102 of .
(a) ·by the substitution for paragraph (b) of subsection (2) Act 110 of 1983 . 30
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. ' of thdollowing paragraph: . ' ' "(b) A reference in any law to -the Prime Minister
which at the commencement of this Act is not in consequence of an assignment under section 20A of the previous Constitution to be construed as a
:. · • reference to some other Minister, shall be deemed · to be a reference · to ' the State President acting
u'nder subsection (2) of section • 26 of this Act, e~~ cept in so far as the. State Prest dent asstgns the ad~ ministration of such law to a Minister [mutatis· mu-
. tandis under section 26] under subsection (1) of . the last-mentioned section."; . '' .
(b) by the substitution for paragraph (b) of subsection (6) .· of the following paragraph: . · . ~·(b) Rules and orders . approved by the House of As-
·. sembly before the commencement of this Act as ~ , • . joint rules and orders of the Houses [and published
, . in the Gazette before. such . commencement by· the · · Secretary to , Parliament], ·shall after such com-
. mencement be deemed to be joint rules and orders · · approved by. each. of the Houses as contemplated .
in section 64, until, and except in so far as, they are replaced by rules and orders which have in fact been so approved: Provided that any rules and or-
. ders so [published] approved by the House of As- sembly shall lapse on the·expiry of a period of two years after the commencement of the first session of the first ·.· Parliament constituted tinder this .·Act;"; · · ... ·- .
(c) by the substitution for subsection (7) of the following subsection: · ·. · · · · · · · ·
"(7) The first session of the first Parliament consti- tuted · in terms of this Act shall commence · within 21 days after the polling day or the last polling day of the,
GOVERNM~NTGAZETTE,6JULY 1984 · No. 9307 ll
, CONSTITUTION AMENDMENT ACT, 1984 Act No. 105, 1984
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· first general election of members of the House of Rep- . '·· .resentatives and the House of Delegates, according to
· whether the poll in respect of those Houses is held on : , ·· ·· the.same day or on different days, and for the purposes
of that session and until those Houses have been dul :constituted (but not for. a period longer than 14 day after the commencement of that session), each shall be
, deemed . to consist of. the members thereof elected. a such general election;"; and ' • . . . . .
(d) by the substitution for subsection (9) ofthe following - . . subsection: . . . . . '. : .
· ': ."(9) For the purposes of the first delimitation of elec- . toral divisions of the House of Representatives and of
· · the House of Delegates the words "voters of the House . in the province in terms of the current voters' lists, duly
· corrected up to the latest possible date" in section 49 (1) shall be deemed to be replaced by the words "per- sons who, ·according to the population register kept in
·.· terms of the Population Registration Act, 1950, and on a date· not more than 30 days before the delimitation
· commission begins to perform 'its functions; would be • entitled to be included in any lists 'of the voters contem-
plated in section 52 of the House in electoral divisions
. 25. , . · thereof in the province had the· province been divided
into electoral divisions of the House on the date in question"; and the references to voters in sectitJn 49 (2)
· and (3) shall be construed accordingly.". . . . . (2) Paragraph (d) of subsection (1) shall be deemed .. to have
come into operation on 24 February 1984. ·
30 · 12. Notwithstanding anything to the contrary in any other law Membership or contained, a member of the President's Council established in Pr~ide~t~Founcil terms of the Republic of South Africa Constitution Act, 1961 f~di~~~Coun~it~ot (Act No. 32 of 1961), or of the South African Indian Council es- disqualification for tablished in terms of the South African Indian Council Act; 1968 election as member
35 (Act No. 31 of 1968), shall not merely because he is such a ofHous~ofRep- b · · h · · · · ll resentatJves or mem er or m t at capacity receives any remuneration, a ow- House or
ances or benefits, be disqualified from being nominated or Delegates, elected at the first general election of members of the House of Representatives· or at the first· general ·e Iection of members of ·
40 the House. of Delegates as a member of the House in question, and shall not vacate office as a member of the said President's Council or South African Indian Council merely because he has
' been so nominated or elected.". ·
13. (1) A person who at the commencement and in terms of Contin~ed payrne~t 45 section 102 (10) (a) or (11) ofthe Republic of South Africa Con-· ofcertam ~onc;ys
stitution Act, 1983. (Act N.o; 110 of 19~3), ceases to hold the. ~~!~~~;~~~n cu- · office of State President, VIce State President or member of the . · President's Council, is entitled to the continued payment during · the unexpired portion of the period for which he was elected or.
50 appointed . to the office in question of · the amounts payable to him by virtue of the office by way of salary and allowances or re- muneration and allowances in terms ·of section 14 or 102 of the
. Republic of South Africa Constitution Act, 1961 (Act No. 32 of .. 1961), immediately before the said commencement. ..
55 (2) Subsection (1) does not apply or, according to the circum- stances, ceases to apply to oi in respect of a person who- ·
(a) on or after the. date on which he ceases to hold the ·office in question as aforesaid, . becomes a member of Parliament or a provincial council or of the President's
60 Council established in terms of the Republic of South Africa Constitution Act, 1983, or accepts an appoint- ment in the service of the Republic in respect of which he receives remuneration (excluding reimbursement of travelling expenses and of subsistence expenses in-
65 curred in the course of such service) out of public funds; or
GOVERNMENTGAZETIE,6JULY1984
·5
CONSTITUTION AMENDMENT ACT, 1984
(b) dies before the expiration of· the period for which he · was eleCted or appointed to the office in question; or
(c) within 30 days after the commencement contemplated ·. in s-ubsection (1) notifies the State President in writing
. that he desires that the provisions of subsection (1) shall not apply to him. .
(3) Notwithstanding .the repeal of sections 15 (1) and (2) and 15A of the Republic of South Africa Constitution Act, 1961, at the commencement and in terms of section 101 (1) of the Republic
10 of South Africa Constitution Act, 1983, the provisions of the said section 15 (1) and (2) or 15A, as the case may be; shall con- . tinue to· apply to a' person who has ceased to hold the office of State President or Vice State President as aforesaid and to his widow, and a pension thereunder shall become payable, as if-
15 (a) the said section 101 (1) had not been passed; ·
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(b) the person in question had not ceased to hold the office as· aforesaid but vacates it at the expiration of the period for which he had been elected to the office or on· the earlier date on which subsection (1) of this section ceases to apply to him in terms of subsection (2) (a) thereof; and
(c) · the amount, calculated for one year, which represents his salary for the purposes of subsection (1) of this sec- tion, were his annual salary.". ·
No.9307 13
ActNo. lOS, 1984
25 14. This Act shall be called the Constitution Amendment Act, Short title. 1984. . .
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