Chapter 6: Provinces
(3)
or conditions established by national legislation.
A person loses membership of a provincial legislature if that person—
(a) ceases to be eligible;
(b) is absent from the legislature without permission in circumstances for which
the rules and orders of the legislature prescribe loss of membership; or
(c) ceases to be a member of the party that nominated that person as a member
of the legislature.
[Sub-s. (3) substituted by s. 4 of the Constitution Tenth Amendment Act of 2003 and by s. 4 of the
Constitution Fourteenth Amendment Act of 2008.]
(4)
Vacancies in a provincial legislature must be filled in terms of national legislation.
Oath or affirmation
107.
Before members of a provincial legislature begin to perform their functions in the
legislature, they must swear or affirm faithfulness to the Republic and obedience to the
Constitution, in accordance with Schedule 2.
Duration of provincial legislatures
108.
(1)
(2)
A provincial legislature is elected for a term of five years.
If a provincial legislature is dissolved in terms of section 109, or when its term
expires, the Premier of the province, by proclamation, must call and set dates
for an election, which must be held within 90 days of the date the legislature
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 a provincial
legislature.
[Sub-s. (2) substituted by s. 1 of the Constitution Fourth Amendment Act of 1999.]
(3)
(4)
If the result of an election of a provincial legislature is not declared within the period
referred to in 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 election was
set aside.
A provincial legislature remains competent to function from the time it is dissolved
or its term expires, until the day before the first day of polling for the next
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