Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/8

---

Amendment of section 71 of Act 32 of 1961, as amended by section 86 of Act 79 of 1973.

31. Section 71 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) The provisions of section 53 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] the House of Assembly after [the Senate or the House of Assembly] it has been dissolved, shall mutatis mutandis apply with reference to a dissolution and summoning of any provincial council.”.

Amendment of section 76 of Act 32 of 1961, as amended by section 1 of Act 22 of 1963 and section 2 of Act 64 of 1963.

32. Section 76 of the principal Act is hereby amended by the substitution for paragraphs (b) and (c) of subsection (4) of the following paragraphs:

“(b)		A member of the executive committee shall not be disqualified from being elected or nominated as a member of [the Senate] the House of Assembly or the provincial council.
(c)		A member of the executive committee who becomes a member of the [Senate or the] House of Assembly shall cease to be a member of the executive committee with effect from the date on which he becomes a member of the [Senate or the] House of Assembly.”.

Amendment of section 84 of Act 32 of 1961, as amended by section 37 of Act 47 of 1963, section 36 of Act 61 of 1965, section 4 of Act 61 of 1972, section 1 of Act 30 of 1977 and section 60 of Act 63 of 1977.

33. Section 84 of the principal Act is hereby amended―

(a)		by the substitution in paragraph (b) of subsection (1) for the word “Parliament” of the words “the House of Assembly”;
(b)		by the substitution in paragraph (g) of the said subsection for the word “Parliament” of the words “the House of Assembly”; and
(c)		by the deletion of subsection (3).

Insertion of heading and sections 102 to 106 in Act 32 of 1961.

34. The following heading and sections are hereby inserted in the principal Act after section 101:

Part VIIIA.

President’s Council.

Establishment of President’s Council.

102. (1) There shall be a President’s Council consisting, in addition to the Vice State President, of members appointed by the State President.

(2) A member of the President’s Council, excluding the Vice State President, shall hold office for a period of five years.

(3) A casual vacancy in the President’s Council, excluding a vacancy in the office of Vice State President, shall be filled by the appointment of a member for the unexpired portion of the period of office of the member in whose stead he is appointed.

(4)  (a)		The members of the President’s Council, excluding the Vice State President, shall receive such remuneration and allowances as the State President may determine, as well as such other benefits as he may determine by proclamation in the Gazette.
(b)		Such remuneration, allowances or benefits may differ according to the offices held by such members in the council.

(5) The State President shall designate a member of the President’s Council as deputy chairman of the council, who shall serve as chairman thereof whenever the office of Vice State President is vacant or he is for any reason unable to serve as such.

(6) If neither the chairman nor the deputy chairman is able to act as chairman, the members of the