South AfricaZA

Article 106 of the Constitution of South Africa

Article
106
Chapter
CHAPTER 6 — PROVINCES
Index row title
(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except—
Source document
The South Africa Constitution
Provision ID
89cfdec6-5cdd-486a-9d47-707c4d77a9ad

343 words

Verbatim text

(a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than— (i) the Premier and other members of the Executive Council of a province; and (ii) other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation; (b) members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council; (c) unrehabilitated insolvents; (d) anyone declared to be of unsound mind by a court of the Republic; or (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. (2) A person who is not eligible to be a member of a provincial legislature in terms of subsection (1)(a) or (b) may be a candidate for the legislature, subject to any limits or conditions established by national legislation. Chapter 6: Provinces 56 (3) 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

What this means

  • The index files this text under article 106 of the Constitution of South Africa.
  • The index files it under the chapter heading “CHAPTER 6 — PROVINCES”.
  • The passage runs to about 343 words.
  • Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “remuneration”).

The row’s stored title is a body fragment, not a heading (“(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except—”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of South Africa, article 106, Portable Lawyer, https://www.portablelawyer.app/provision/89cfdec6-5cdd-486a-9d47-707c4d77a9ad (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/89cfdec6-5cdd-486a-9d47-707c4d77a9ad

Accessed 25 October 2026.

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