35. (1) Parliament may by law prescribe the qualifications which shall be necessary to entitle persons to vote at the election of members of the house of assembly, but no such law shall disqualify any person in the province of the Cape of Good Hope who, under the laws existing in the colony of the Cape of Good Hope at the establishment of the Union, is or may become capable of being registered as a voter from being so registered in the province of the Cape of Good Hope by reason of his race or color only, unless the bill be passed by both houses of parliament sitting together, and at the third reading be agreed to by not less than two-thirds of the total number of members of both houses. A bill so passed at such joint sitting shall be taken to have been duly passed by both houses of parliament.

(2) No person who at the passing of any such law is registered as a voter in any province shall be removed from the register by reason only of any disqualification based on race or color.

36. Subject to the provisions of the last preceding section, the qualifications of parliamentary voters, as existing in the several colonies at the establishment of the Union, shall be the qualifications necessary to entitle persons in the corresponding provinces to vote for the election of members of the house of assembly: provided that no member of his majesty's regular forces on full pay shall be entitled to be registered as a voter.

37. (1) Subject to the provisions of this act, the laws in force in the colonies at the establishment of the Union relating to elections for the more numerous houses of parliament in such colonies respectively, the registration of voters, the oaths or declarations to be taken by voters, returning officers, the powers and duties of such officers, the proceedings in connection with elections, election expenses, corrupt and illegal practices, the hearing of election petitions and the proceedings incident thereto, the vacating of seats of members, and the proceedings necessary for filling such vacancies, shall, mutatis mutandis, apply to the elections. in the respective provinces of members of the house of assembly.

(2) Notwithstanding anything to the contrary in any of the said laws contained, at any general election of members of the house of assembly, all polls shall be taken on one and the same day in all the electoral divisions throughout the Union, such day to be appointed by the governor-general in council.

38. Between the date of the passing of this act and the date fixed for the establishment of the Union, the governor in council of each of the colonies shall nominate a judge of any of the supreme or high courts of the colonies, and the judges so nominated shall, upon acceptance by them respectively of such nomination, form a joint commission, without any further appointment, for the purpose of the first division of the provinces into electoral divisions. The high commissioner for South Africa shall forthwith convene a meeting of such commission at such time and place in one of the colonies as he shall fix and determine. At such meeting the commissioners shall elect one of their number as chairman of such commission. They shall thereupon proceed with the discharge of their duties under this act, and may appoint persons in any province to assist them or to act as assessors to the commission or with individual members thereof for the purpose of inquiring into matters connected with the duties of the commission. The commission may regulate their own procedure and may act by a majority of their number. All moneys required for the payment of the expenses of such commission before the establishment of the Union in any of the colonies shall be provided by the governor in council of such colony. In case of the death, resignation, or other disability of any of the commissioners before the establishment of the Union, the governor in council of the colony in respect of which he was nominated shall forthwith nominate another judge to fill the vacancy. After the establishment of the Union the expenses of the commission shall be defrayed by the governor-general in council, and any vacancies shall be filled by him.

39. The commission shall divide each province into electoral divisions, each returning one member.

40. (1) For the purpose of such division as is in the last preceding section mentioned, the quota of each province shall be obtained by dividing the total number of voters in the province, as ascertained at the last registration of voters, by the number of members of the house of assembly to be elected therein.

(2) Each province shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3) of this section, contain a number of voters, as nearly as may be, equal to the quota of the province.

(3) The commissioners shall give due consideration to

(a) community or diversity of interests;

(b) means of communication;

(c) physical features;

(d) existing electoral boundaries;

(e) sparsity or density of population;

in such manner that, while taking the quota of voters as the basis of division, the commissioners may, whenever they deem it necessary, depart therefrom, but in no case to any greater extent than fifteen per centum more or fifteen per centum less than the quota.

41. As soon as may be after every quinquennial census, the governorgeneral in council shall appoint a commission consisting of three judges of the supreme court of South Africa to carry out any redivision which may have become necessary as between the different electoral divisions in each province, and to provide for the allocation of the number of members to which such province may have become entitled under the provisions of this act. In carrying out such redivision and allocation the commission shall have the same powers and proceed upon the same principles as are by this act provided in regard to the original division.

42. (1) The joint commission constituted under section thirty-eight and any subsequent commission appointed under the provisions of the last preceding section, shall submit to the governor-general in council:

(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division:

(b) a map or maps showing the electoral divisions into which the provinces have been divided:

(c) such further particulars as they consider necessary.

(2) The governor-general in council may refer to the commission for its consideration any matter relating to such list or arising out of the powers or duties of the commission.

(3) The governor-general in council shall proclaim the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a redivision, the electoral divisions as named and defined shall be the electoral divisions of the Union in the provinces.

(4) If any discrepancy shall arise between the description of the divisions and the aforesaid map or maps, the description shall prevail. 43. Any alteration in the number of members of the house of assembly to be elected in the several provinces, and any redivision of the provinces into electoral divisions, shall, in respect of the election of members of the house of assembly, come into operation at the next general election held after the completion of the redivision or of any allocation consequent upon such alteration, and not earlier.

44. The qualifications of a member of the house of assembly shall be as follows:

He must

(a) be qualified to be registered as a voter for the election of members of the house of assembly in one of the provinces;

(b) have resided for five years within the limits of the Union as existing at the time when he is elected;

(c) be a British subject of European descent.

For the purposes of this section, residence in a colony before its incorporation in the Union shall be treated as residence in the Union.

45. Every house of assembly shall continue for five years from the first meeting thereof, and no longer, but may be sooner dissolved by the governor-general.

46. The house of assembly shall, before proceeding to the despatch of any other business, choose a member to be the speaker of the house, and, as often as the office of speaker becomes vacant, the house shall again choose a member to be the speaker. The speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the house, or he may resign his office or his seat by writing under his hand addressed to the governor-general.

47. Prior to or during the absence of the speaker, the house of assembly may choose a member to perform his duties in his absence.

48. A member may, by writing under his hand addressed to the speaker, or, if there is no speaker, or if the speaker is absent from the Union, to the governor-general, resign his seat, which shall thereupon become vacant.

49. The presence of at least thirty members of the house of assembly shall be necessary to constitute a meeting of the house for the exercise of its powers.

50. All questions in the house of assembly shall be determined by a majority of votes of members present other than the speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Both houses of parliament.

51. Every senator and every member of the house of assembly shall, before taking his seat, make and subscribe before the governor-general, or some person authorized by him, an oath or affirmation of allegiance in the following form:

Oath.

I, A. B., do swear that I will be faithful and bear true allegiance to His Majesty [here insert the name of the king or queen of the United Kingdom of Great Britain and Ireland for the time being] his [or her] heirs and successors according to law. So help me God.

Affirmation.

I, A. B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to His Majesty [here insert the name of the king or queen of the United Kingdom of Great Britain and Ireland for the time being] his [or her] heirs and successors according to law.

52. A member of either house of parliament shall be incapable of being chosen or of sitting as a member of the other house: provided that every minister of state who is a member of either house of parliament shall have the right to sit and speak in the senate and the house of assembly, but shall vote only in the house of which he is a member.

53. No person shall be capable of being chosen or of sitting as a senator or as a member of the house of assembly who:

(a) has been at any time convicted of any crime or offense for which he shall have been sentenced to imprisonment without the option of a fine for a term of not less than twelve months, unless he shall have received a grant of amnesty or a free pardon, or unless such imprisonment shall have expired at least five years before the date of his election; or

(b) is an unrehabilitated insolvent; or

(c) is of unsound mind, and has been so declared by a competent court; or

(d) holds any office of profit under the crown within the Union: provided that the following persons shall not be deemed to hold an office of profit under the crown for the purposes of this sub-section: (1) a minister of state for the Union;

(2) a person in receipt of a pension from the crown;

(3) an officer or member of his majesty's naval or military forces on retired or half pay, or an officer or member of the naval or military forces of the Union whose services are not wholly employed by the Union.

54. If a senator or member of the houses of assembly