Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/14

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Act No. 32 of 1961.

or nominated under the South-West Africa Affairs Amendment Act, 1949 (Act No. 23 of 1949), or the Separate Representation of Voters Act, 1951 (Act No. 46 of 1951), shall vacate their seats.

(3) Any senator nominated in terms of section twenty-eight of this Act or under the South-West Africa Affairs Amendment Act, 1949, or the Separate Representation of Voters Act, 1951, shall, subject to the provisions of this Act and any other law, vacate his seat if the Prime Minister vacates his office and another person becomes Prime Minister and the State President publishes a notice in the Gazette that a change of Government has occurred.

Qualifications of senators.

34. No person shall be qualified to be a senator under this Act unless he―

(a)

is at least thirty years of age;

(b)

is qualified to be registered as a voter for the election of members of the House of Assembly in one of the provinces;

(c)

has resided for five years within the limits of the Republic;

(d)

is a white person and is a South African citizen in terms of the provisions of the South African Citizenship Act, 1949 (Act No. 44 of 1949).

President of the Senate.

35. (1) The Senate shall, before proceeding to the dispatch of any other business, choose a senator to be the President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a senator to be the President.

(2) The President shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office by writing under his hand addressed to the State President.

Deputy-President of the Senate.

36. Prior to or during any absence of the President of the Senate the Senate may choose a senator to perform his duties in his absence.

Resignation of senators.

37. (1) A senator may, by writing under his hand addressed to the State President, resign his seat, which thereupon shall become vacant.

(2) Whenever the seat of a senator becomes vacant, whether in consequence of his resignation or otherwise, the State President shall as soon as practicable cause steps to be taken to have the vacancy filled.

Quorum.

38. The presence of at least fifteen senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

Voting in the Senate.

39. All questions in the Senate shall be determined by a majority of votes of senators present other than the President or the presiding senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

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