Before I ask the Returning Officer to read out the names in the first group to be sworn in or affirmed, I have to make this point. One member who has to be sworn in or an affirmation administered was convicted and is on parole. I know that it has been a subject for debate elsewhere. I know that it is a matter that was debated or discussed in the province from which he comes.
It was a debate of the provisions of section 106(1)(e) to which I turn. While I am paging through, the concern was that the section states that anybody who has been sentenced to a time of imprisonment of 12 months without an option of a fine, and five years have not yet expired since the sentence was served, is disqualified from becoming a member of the National Assembly, the provincial legislature or, by extension, the National Council of Provinces. This is how the section reads, section 106(1):
Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except -
(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.
Here is the point: The starting point says "anyone who, after this section took effect". Based on the information at my disposal, the particular delegate was convicted in 1989. The Constitution took effect in 1996, so this section 106(1)(e) seems not to extend to or to apply to that delegate. There must be good reason why the drafters of our Constitution decided to make this provision applicable only after the adoption of the Constitution. It is for that reason that I will be administering the oath or affirmation to that member. My own understanding of the Constitution is that "after" means "after". The names of the delegates in the first group may now be called. [Applause.]
The following members made and subscribed the oath or solemn affirmation:
Apleni, T; Arnolds, A; Aucamp, W A S; Bara, M R; Bebee, L C; Boshoff, H S; Brauteseth, T J; Carrim, Y I; Christians, D C; Cloete, A B; Dodovu, T S C; Du Toit, S F; Gillion, M; Gxoyiya, A B; Koni, N P; Labuschagne, C; Landsman, E R; Lehihi, S B; Londt, J J; Lucas, S E; Luthuli, S A; Mahlangu, D G; Maleka, A D; Mamaregane, M L; Masondo, N A; Mathevula, B T; Matibe, T B; Mfayela, S E; Michalakis, G; Mkiva, Z; Mmoiemang, K M; Mmola, M P; Modise, T C; Mohai, S J; Moletsane, M S; Moshodi, M L; Motsamai, K; Mthethwa, M E; Nchabeleng, M E; Ncitha, Z V; Ndongeni, N; Ngwenya, W; Nhanha, M; Njandu, E; Ntsube, I; Nyambi, A J; Rayi, M I; Ryder, D R; Shaikh, S; Sileku, I M; Smit, C F B; Visser, C; Zandamela, S.
The Chief Justice announced that Rules as contemplated in item 9 of Part A of Schedule 3 to the Constitution had been made available to members.