(3) At every meeting of a provincial assembly, the chiefs present shall elect one of their
number to preside over that meeting.
36 Functions of provincial assemblies
The functions of a provincial assembly shall be—
(a) subject to section thirty-seven, to elect persons from among its members to be
members of the Council; and
(b) to consider and report on any matter which is referred to it by the Minister, the Council
or a member of such provincial assembly; and
(c) to bring to the notice of—
(i) the Council, any matter of national interest;
(ii) the Minister, any matter of local interest;
which affects the inhabitants of the province concerned or any part thereof, or which concerns
their interests or well-being.
37 Council of Chiefs
(1) There shall be a Council of Chiefs for communal land and resettlement land which
shall, subject to this section, consist of chiefs elected by the provincial assemblies.
(2) Subject to subsection (3), each provincial assembly shall, on the day or days fixed by
the President in terms of section 38(3) of the Electoral Act [Chapter 2:13] (No. 25 of 2004) on
such dates as may be prescribed, elect such number of its members as may be prescribed, to be
members of the Council.
(3) The Minister shall, when prescribing
(a) the dates of elections to be held in terms of subsection (2), ensure that each provincial
assembly holds such elections at intervals of not more than five years;
(b) the number of members to be elected by each assembly in terms of subsection (2),
ensure that—
(i) a provincial assembly elects neither fewer than three nor more than five
members; and
(ii) so far as is possible each province, having regard to the number of inhabitants
therein, is equitably represented on the Council.
(4) Subject to subsections (5), (6) and (7), every Chief elected to the Council shall hold
office as a member thereof for a period of five years concurrent with the life of Parliament
referred to in section 63(4) of the Constitution, or⎯
(a) a lesser period where the President earlier dissolves Parliament in terms of section
63(2) of the Constitution; or
(b) a longer period where the life of Parliament referred to in section 63(4) of the
Constitution is extended under section 63(5) or (6) of the Constitution;
in which event term of office of the Chief as a member of the Council shall terminate on the
expiration of such lesser or longer period, as the case may be:
Provided that the Chief shall continue in office as a member of the Council until the Chief is
re-elected or another Chief is elected in his or her place.
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