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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 4 : Parliament

National Council of Provinces

61. Allocation of delegates


(1) Parties represented in a provincial legislature are entitled to delegates in the province's delegation in accordance with the formula set out in Part B of Schedule 3.


(a) A Provincial legislature must within 30 days after the result of an election of that legislature is declared,
(i) Determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and
(ii) appoint the permanent delegates in accordance with the nominations of the parties.


(3) The national legislation envisaged in subsection (2)(a) must ensure the participation of minority parties in both the permanent and special delegates' components of the delegation in a manner consistent with democracy.


(4) The legislature, with the concurrence of the Premier and the leaders of the parties entitled to special delegates in the province's delegation, must designate special delegates, as required from time to time, from among the members of the legislature.