Page:Constitution Amendment Act 1982.djvu/2

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Government Gazette, 30 June 1982
No. 8281     3

Constitution Amendment Act, 1982
Act No. 99, 1982.

General explanatory note:

[                    ]  Words in bold type in square brackets indicate omissions from existing enactments.
                        Words underlined with solid line indicate insertions in existing enactments.




Act

To amend the Republic of South Africa Constitution Act, 1961, so as to increase the number of deputy ministers that may be appointed under section 21; to make special provision for the representation of Walvis Bay in the House of Assembly and in the Provincial Council of the Cape of Good Hope; to render service with any institution, council or body contemplated in section 84 (1) (f) a disability for membership of the House of Assembly or a provincial council; to further regulate the exemption from the provisions of section 55 (d) on the grounds of membership of certain bodies; to provide that an elected member of the executive committee of a province may be removed from office by the provincial council; and to remove the disability for membership of the President’s Council relating to an office of profit under the Republic; to empower the State President to repeal section 40A, by which the said special provision is made; and to provide for matters connected therewith.



(English text signed by the State President.)
(Assented to 23 June 1982.)


Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―


Amendment of section 21 of Act 32 of 1961, as amended by section 1 of Act 65 of 1962 and section 12 of Act 101 of 1980.

1. Section 21 of the Republic of South Africa Constitution Act, 1961 (hereinafter referred to as the principal Act), is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

(b) Not more than [six] nine persons may be appointed under this subsection.”


Insertion of section 40A in Act 32 of 1961.

2. The principal Act is hereby amended by the insertion after section 40 of the following section:

“Representation of Walvis Bay.

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―

(a) 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;
(b) 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