Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/23

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Republic of South Africa Constitution

Act No. 32 of 1961.

Election of provincial councillors.

69. (1) The members of a provincial council under this Act shall be elected by the persons qualified to vote for the election of members of the House of Assembly in the province voting in the same electoral divisions as are delimited for the election of members of the House of Assembly under this Act: Provided that, in any province in which less than twenty-five members are elected to the House of Assembly, the delimitation of the electoral divisions, and any necessary re-allocation of members or adjustment of electoral divisions shall be effected by the same commission and on the same principles as are prescribed in regard to the electoral divisions of the House of Assembly.

(2) Any alteration in the number of members of the provincial council, and any re-division of the province into electoral divisions, shall come into operation at the next general election for such council held after the completion of such re-division or of any allocation consequent upon such alteration, and not earlier.

(3) The election shall take place at such times as the administrator shall by proclamation in the Official Gazette of the province direct, and the provisions of section forty-one applicable to the election of members of the House of Assembly shall mutatis mutandis apply to such election.

(4) Any person who immediately prior to the commencement of this Act holds office as a member of the provincial council by virtue of an election held as provided in section seventy-one of the South Africa Act, 1909, shall be deemed to have been elected to the corresponding provincial council established by this Act.


Application of sections fifty-five to fifty-seven to provincial councillors.

70. (1) The provisions of sections fifty-five, fifty-six and fifty-seven, relative to members of the House of Assembly, shall mutatis mutandis apply to members of the provincial councils.

(2) Any member of a provincial council who becomes a member of the Senate or the House of Assembly, shall cease to be a member of such provincial council.


Tenure of office of provincial councillors.

71. (1) A provincial council shall continue for five years from the date of its first meeting, and shall not be subject to dissolution save by effluxion of time.

(2) The provisions of section fifty-three relating to the tenure of office of the members and the functioning of the Senate or the House of Assembly upon a dissolution thereof, and to the summoning of Parliament after the Senate or the House of Assembly has been dissolved, shall mutatis mutandis apply with reference to a dissolution and summoning of any provincial council.


Sessions of provincial councils.

72. (1) The administrator of a province shall by proclamation in the Official Gazette of that province fix such times for holding the sessions of the provincial council of that province as he may think fit, and may from time to time prorogue such council: Provided that there shall be a session of every provincial council once at least in every year so that a period of twelve months shall not intervene between the last