Chapter 4: Parliament
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; or
(c) � ceases to be a member of the party that nominated that person as a member
of the Assembly.
[Sub-s. (3) substituted by s. 2 of the Constitution Tenth Amendment Act of 2003 and by s. 2 of the
Constitution Fifteenth Amendment Act of 2008.]
(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. A
proclamation calling and setting dates for an election may be issued before or after
the expiry of the term of the National Assembly.
[Sub-s. (2) substituted by s. 1 of the Constitution Fifth Amendment Act of 1999.]
(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
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