Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/33

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 4—Parliament

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immediately before the first sitting of the provincial legislature after its next election.

(4)

A person ceases to be a permanent delegate if that person —

(a)

ceases to be eligible to be a member of the provincial legislature for any reason other than being appointed as a permanent delegate;

(b)

becomes a member of the Cabinet;

(c)

has lost the confidence of the provincial legislature and is recalled by the party that nominated that person;

(d)

ceases to be a member of the party that nominated that person and is recalled by that party; or

(e)

is absent from the National Council of Provinces without permission in circumstances for which the rules and orders of the Council prescribe loss of office as a permanent delegate.

(5)

Vacancies among the permanent delegates must be filled in terms of national legislation.

(6)

Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Sittings of National Council

63.

(1)

The National Council of Provinces may determine the time and duration of its sittings and its recess periods.

(2)

The President may summon the National Council of Provinces to an extraordinary sitting at any time to conduct special business.

(3)

Sittings of the National Council of Provinces are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Council.

Chairperson and Deputy Chairpersons

64.

(1)

The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.

(2)

The Chairperson and one of the Deputy Chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier.

(3)

The other Deputy Chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn.

(4)

The President of the Constitutional Court must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.

(5)

The procedure set out in Part A of Schedule 3 applies to the