Chapter 6: Provinces
(b) � is based on that province’s segment of the national common voters roll;
(c) � provides for a minimum voting age of 18 years; and
(d) � results, in general, in proportional representation.
[Sub-s. (1) amended by s. 3 of the Constitution Tenth Amendment Act of 2003 and by s. 3 of the
Constitution Fourteenth Amendment Act of 2008.]
(2) � A provincial legislature consists of between 30 and 80 members. The number of
members, which may differ among the provinces, must be determined in terms of a
formula prescribed by national legislation.
Membership
106. � (1)
Every citizen who is qualified to vote for the National Assembly is eligible to be a
member of a provincial legislature, except—
(a) � anyone who is appointed by, or is in the service of, the state and receives
remuneration for that appointment or service, other than—
(i) � the Premier and other members of the Executive Council of a province;
and
(ii) � other office-bearers whose functions are compatible with the functions
of a member of a provincial legislature, and have been declared
compatible with those functions by national legislation;
(b) � members of the National Assembly, permanent delegates to the National
Council of Provinces or members of a Municipal Council;
(c) � unrehabilitated insolvents;
(d) � anyone declared to be of unsound mind by a court of the Republic; or
(e) � anyone who, after this section took effect, is convicted of an offence and
sentenced to more than 12 months’ imprisonment without the option of a
fine, either in the Republic, or outside the Republic if the conduct constituting
the offence would 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 a provincial legislature in terms of
subsection (1)(a) or (b) may be a candidate for the legislature, subject to any limits
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