Chapter 4: Parliament
[Sub-s. (2) substituted by s. 1 of the Constitution Ninth Amendment Act of 2002 and by s. 1 of the
Constitution Fourteenth Amendment Act of 2008.]
(3) � The national legislation envisaged in subsection (2)(a) must ensure the
participation of minority parties in both the permanent and special delegates’
components of the delegation in a manner consistent with democracy.
(4) � The legislature, with the concurrence of the Premier and the leaders of the
parties entitled to special delegates in the province’s delegation, must designate
special delegates, as required from time to time, from among the members of the
legislature.
Permanent delegates
62. �
(1)
A person nominated as a permanent delegate must be eligible to be a member of
the provincial legislature.
(2) � If a person who is a member of a provincial legislature is appointed as a permanent
delegate, that person ceases to be a member of the legislature.
(3) � Permanent delegates are appointed for a term that expires(a) � immediately before the first sitting of the provincial legislature after its next
election..
(b) ……
�
[Para. (b) omitted by s. 2 of the Constitution Fourteenth Amendment Act of 2008.]
�
[Sub-s. (3) substituted by s. 2 of the Constitution Ninth Amendment Act of 2002 and substituted by s.
2 of the Constitution Fourteenth Amendment Act of 2008.]
(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
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