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26 No. 17678
Government Gazette, 18 December 1996
| Act No. 108, 1996 | Constitution of the Republic of South Africa, 1996 |
Chapter 4—Parliament
have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.
(2)
A person who is not eligible to be a member of the National Assembly in terms of subsection (1)(a) or (b) may be a candidate for the Assembly, subject to any limits or conditions established by national legislation.(3)
A person loses membership of the National Assembly if that person —(a)
ceases to be eligible; or(b)
is absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership.(4)
Vacancies in the National Assembly must be filled in terms of national legislation.
Oath or affirmation
48.
Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
Duration of National Assembly
49.
(1)
The National Assembly is elected for a term of five years.(2)
If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired.(3)
If the result of an election of the National Assembly is not declared within the period established in terms of section 190, or if an election is set aside by a court, the President, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside.(4)
The National Assembly remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next Assembly.
Dissolution of National Assembly before expiry of its term
50.
(1)
The President must dissolve the National Assembly if —(a)
the Assembly has adopted a resolution to dissolve with a supporting vote of a majority of its members; and(b)
three years have passed since the Assembly was elected.