# Constitution (Prevention of Disabilities) Act, 1940

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Act No. 19 of 1940. First published on 20 May 1940 in Government Gazette Extraordinary No. 2764, and came into force upon publication. Sections 1–3 repealed on 31 May 1961 by the Republic of South Africa Constitution Act, 1961; sections 4–6 repealed on 5 April 1968 by the South-West Africa Constitution Act, 1968; the remainder repealed on 28 October 1981 by the Repeal of Laws Act, 1981.
Act
To amend the law relating to the incurrence of disabilities by members of Parliament and other persons by reason of service in the defence of the Union.
(Signed by the Governor-General in Afrikaans.) (Assented to 14th May, 1940.)
Be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―
1. Section fifty-three of the South Africa Act, 1909, as amended, is hereby amended by the addition at the end thereof of the following new sub-paragraph:
| “(5) | any person who, while the Union is at war, is an officer or member of the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912)”. |
2. Section fifty-four of the South Africa Act, 1909, is hereby amended by the insertion in paragraph (c) thereof, after the word “be” of the words “unless his absence is due to his serving, while the Union is at war, with the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912).”
3. Sub-section (2) of section fifty-six of the South Africa Act, 1909, as amended, is hereby amended by the insertion after paragraph (c) thereof of the following new paragraph:
| (c)bis. | when his absence is due to his serving, while the Union is at war, with the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912)”. |
4. Sub-section (4) of section two of the South-West Africa Constitution Act, 1925, as amended, is hereby amended by the insertion in paragraph (c) thereof, after the word “Administrator”, of the words “unless his absence is due to his serving, while the Union is at war, with the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912)”.
5. Sub-section (4) of section seven of the South-West Africa Constitution Act, 1925, is hereby amended―
| (a) | by the insertion in paragraph (d) thereof, after the word “Administrator”, of the words “unless his absence is due to his serving, while the Union is at war, with the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912)”; and |
| (b) | by the substitution in paragraph (e) thereof for the word “accepts” of the word “holds”, by the insertion in that paragraph, after the word “Committee”, of the words “or membership while the Union is at war, of the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912)”, and by the substitution for the word “houden” appearing in the Nederlands text of that paragraph of the word “bekleden”. |
6. Sub-section (2) of section seventeen of the South-West Africa Constitution Act, 1925, is hereby amended by the insertion in paragraph (d) thereof, after the word “Council”, of the words “or membership while the Union is at war, of the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912)”, and by the substitution for the word “houden” appearing in the Nederlands text of that paragraph of the word “bekleden”.
7. So much of the Removal of Disabilities (War and Rebellion) Act, 1915, as is unrepealed is hereby repealed.
8. This Act shall be called the Constitution (Prevention of Disabilities) Act, 1940.
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