Senate Act, 1939

by enacted by the Parliament of South Africa

Act

To extend the term of office of certain senators, and to provide for the reconstitution of the Senate in certain respects within a certain period.

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(Signed by the Governor-General in Afrikaans.)
(Assented to 5th September, 1939.)

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Be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

Extension of term of office of certain senators.

1. Notwithstanding anything to the contrary contained in sections twenty-four and twenty-five of the South Africa Act, 1909, the term of office of any nominated senator which, but for the provisions of this section, would have expired on the eighteenth day of September, 1939, and the term of office of any elected senator which but for the said provisions, would have expired on the fifth day of September, 1939, shall be extended to the date fixed by the Governor-General by proclamation under section two of this Act.

Filling of seats of senators whose term of office is extended.

2. The Governor-General shall take the necessary steps, by nomination under the South Africa Act, 1909, and by causing elections to be held in terms of the said Act and of the regulations for the joint election of senators made under sections twenty-five and one hundred and thirty-four of the said Act, in the manner prescribed by the said regulations for a general election of senators, to cause the seats of the senators referred to in section one of this Act to be filled, as if those seats had become vacant, and to cause any seats in the Senate which may be vacant at the commencement of this Act to be filled. No person shall be disqualified from being nominated or elected as a senator under the provisions of this section merely by reason of the fact that at the time of such nomination or election he is already a member of the Senate. After senators have been thus nominated and elected to fill the seats referred to, the Governor-General shall by proclamation in the Gazette declare that from a date to be fixed by him in that proclamation, not being later than the fifth day of March, 1940, the senators referred to in section one shall vacate their seats and be replaced by the persons nominated and elected as senators in terms of this section; and that date shall, for the purpose of computing the term of office of the senators so nominated or elected, be the date of commencement of their term of office.

Short title.

3. This Act shall be called the Senate Act, 1939.