Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/19

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Act No. 32 of 1961.

(vi)

a member of any council, committee, board or similar body established by or under any law who receives no payment in respect of his services on such council, committee, board or body in excess of an allowance at a rate not exceeding eleven rand for each day on which he renders such services, together with the reimbursement of any travelling expenses incurred by him in the course of such services.

Vacation of seats.

56. A senator or member of the House of Assembly shall vacate his seat, if he―

(a)

becomes subject to any of the disabilites mentioned in section fifty-five; or

(b)

ceases to be qualified as required by law; or

(c)

fails for a whole ordinary session to attend without the special leave of the Senate or the House of Assembly, as the case may be, unless his absence is due to his serving, while the Republic is at war, with the South African Defence Force or any other force or service established by or under the Defence Act, 1957 (Act No. 44 of 1957).

Penalty for sitting or voting when disqualified.

57. Any person who is by law incapable of sitting as a senator or member of the House of Assembly, and who while so incapable and knowing or having reasonable grounds for knowing that he is so incapable, sits or votes as a member of the Senate or the House of Assembly, shall be liable to a penalty of two hundred rand for each day on which he so sits or votes, to be recovered on behalf of the Treasury of the Republic by action in any division of the Supreme Court of South Africa.

Rules of procedure.

58. (1) The Senate or the House of Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.

(2) If a joint sitting of the Senate and the House of Assembly is required under the provisions of this Act, it shall be convened by the State President by message to the Senate and to the House of Assembly.

(3) At any joint sitting referred to in sub-section (2) the Speaker of the House of Assembly shall preside and the rules of the House of Assembly shall, as far as practicable, apply.

Powers of Parliament.

Powers of Parliament.

59. (1) Parliament shall be the sovereign legislative authority in and over the Republic, and shall have full power to make laws for the peace, order and good government of the Republic.

(2) No court of law shall be competent to enquire into or to pronounce upon the validity of any Act passed by Parliament, other than an Act which repeals or amends or purports to repeal or amend the provisions of section one hundred and eight or one hundred and eighteen.

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