Basic Conditions of Employment Act, 1997
R 385
Electoral Act, 1998 (Act No. 73 of 1998)Schedule 1A : System of Representation in National Assembly and Provincial Legislatures |
(Section 57A)
National Assembly
| 1. | Registered parties contesting an election of the National Assembly must nominate candidates for such election on lists of candidates prepared in accordance with this Act. |
| 2. | The seats in the National Assembly must be filled as follows: |
| (a) | One half of the seats from regional lists, submitted by the respective parties, with a fixed number of seats reserved for each region, as determined by the Commission, for every election of the Assembly, taking into account available scientifically based data in respect of voters and representations by interested parties. |
| (b) | The other half of the seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted. |
| 3. | The lists of candidates submitted by a party must together not contain more names than the number of seats in the National Assembly, and each such list must denote the fixed order of preference, of the names as the party may determine. |
| 4. | A party's lists of candidates must consist of— |
| (a) | both a national list and a list for each region; or |
| (b) | a list for each region, |
with such number of names on each list as the party may determine, subject to item 3.
5. The seats referred to in item 2(a) must be allowed per region to the parties contesting an election, as follows:
| (a) | A quota of votes per seat must be determined in respect of each region by dividing the total number of votes cast in a region by the number of seats, plus one, reserved for such region under item 2(a). |
| (b) | The result plus one, disregarding fractions, is the quota of votes per seat in respect of a particular region. |
| (c) | The number of seats to be awarded for the purposes of paragraph ( e) I in respect of such region to a party, must, subject to paragraph (d), 1 be determined by dividing the total number of votes cast in favour of such party in a region by the quota of votes per seat indicated by paragraph (b) for that region. |
| (d) | Where the result of the calculation referred to in paragraph (c) yields a surplus of seats not absorbed by the number awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties in respect of the relevant region, and any seat or seats in respect of that region not awarded in terms of paragraph (c). must be awarded to the party or parties concerned in sequence of the highest surplus. |
| (e) | The aggregate of a party's awards in terms of paragraphs (c) and ( d) in respect of a particular region indicates that party's provisional allocation of the seats reserved under item 2 (a) for that region. |
| (f) | The aggregate of a party's provisional allocations for the various regions in terms of paragraph (e), indicates its provisional allocation of the seats referred to in item 2(a): |
| (g) | If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2 (a), the provisional allocation of such seats in terms of paragraphs ( e) and (j) becomes the final allocation of such seats to the various parties, and if such a recalculation is required the provisional allocation of such seats, as adjusted in terms of item 7, becomes the final allocation of such seats to the various parties. |
| 6. | The seats referred to in item 2(b) must be allocated to the parties contesting an election, as follows: |
| (a) | A quota of votes per seat must be determined by dividing the total number of votes cast nationally by the number of seats in the National Assembly, plus one, and the result plus one, disregarding fractions, is the quota of votes per seat. |
| (b) | The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast nationally in favour of such party by the quota of votes per seat determined in terms of paragraph (a). |
| (c) | Where (the result of) the calculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties, and any seat or seats not awarded in terms of paragraph (b), must be awarded to the party or parties concerned in sequence of the highest surplus, up to a maximum of five seats so awarded: Provided that subsequent awards of seats still remaining unawarded must be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (b) and this paragraph. |
| (d) | The aggregate of a party's awards in terms of paragraphs (b) and (c) must be reduced by the number of seats provisionally allocated to it in terms of item 5(f) and the result indicates that party's provisional allocation of the seats referred to in item 2( b). |
| (e) | If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2 (b), the provisional allocation of such seats in terms of paragraph (d) becomes the final allocation of such seats to the various parties, and if such a recalculation is required, the provisional allocation of such seats, as adjusted in terms of item 7, becomes the final allocation of such seats to the various parties. |
7.
| (1) | If a party has submitted a national or a regional list containing fewer names than the number of its provisional allocation of seats which would have been filled from such list in terms of item 8 or 9 had such provisional allocation been the final allocation, it forfeits a number of seats equal to the deficit. |
| (2) | In the event of any forfeiture of seats in terms of subitem (1) affecting the provisional allocation of seats in respect of any particular region in terms of item 5(e), such allocation must be recalculated as follows: |
| (a) | The party forfeiting seats must be disregarded in such recalculation, and its provisional allocation of seats in terms of item 5( e) for the region in question, minus the number of seats forfeited by it in respect of its list for such region, becomes its final allocation in respect of the seats reserved for such region in terms of item 2 (a). |
| (b) | An amended quota of votes per seat must be determined in respect of such region by dividing the total number of votes cast in the region, minus the number of votes cast in such region in favour of the party referred to in paragraph (a), by the number of seats, plus one, reserved for such region under item 2 (a), minus the number of seats finally allocated to the said party in terms of paragraph (a). |
| (c) | The result plus one, disregarding fractions, is the amended quota of votes per seat in respect of such region for purposes of the said recalculation. |
| (d) | The number of seats to be awarded for the purposes of paragraph (f )in respect of such region to a party participating in the recalculation, must, subject to paragraph ( e), be determined by dividing the total number of votes cast in favour of such party in such region by the amended quota of votes per seat indicated by paragraph (c) for such region. |
| (e) | Where the result of the recalculation in terms of paragraph (d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation in respect of the said region, and any seat or seats in respect of such region not awarded in terms of paragraph (d), must be awarded to the party or parties concerned in sequence of the highest surplus. |
| (f) | The aggregate of a party's awards in terms of paragraphs (d) and (e) in respect of such region, subject to subitem (4), indicates that party's final allocation of the seats reserved under item 2 (a) for that region. |
| (3) | In the event of any forfeiture of seats in terms of subitem (1) affecting the provisional allocation of seats in terms of item 6 (d), such allocation must be recalculated as follows: |
| (a) | The party forfeiting seats must be disregarded in such recalculation, and its provisional allocation of seats in terms of item 6 (d), minus the number of such seats forfeited by it, becomes its final allocation of the seats referred to in item 2 (b). |
| (b) | An amended quota of votes per seat must be determined by dividing the total number of votes cast nationally, minus the number of votes cast nationally in favour of the party referred to in paragraph (a), by the number of seats in the Assembly,. plus one, minus the number of seats finally allocated to the said party in terms of paragraph (a). |
| (c) | The result plus one, disregarding fractions, is the amended quota of votes per seat for the purposes of the said recalculation. |
| (d) | The number of seats to be awarded for the purposes of paragraph (f) to a party participating in the recalculation must, subject to paragraph (e), be determined by dividing the total number of votes cast nationally in favour of such party by the amended quota of votes per seat indicated by paragraph (c). |
| (e) | Where the result of the recalculation in terms of paragraph ( d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats not awarded in terms of paragraph (d), must be awarded to the party or parties concerned in sequence of the highest surplus, up to a maximum of five seats so awarded: |
Provided that subsequent awards of seats still remaining unawarded must be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (d) and this paragraph.
| (f) | The aggregate of such a party's awards in terms of paragraphs (d) and (e) must be reduced by the number of seats finally allocated to it in terms of item 5 (g), and the result, subject to subitem (4), indicates that party's final allocation of the seats referred to in item 2 (b). |
| (4) | In the event of a party being allocated an additional number of seats in terms of this item, and if its list in question then does not contain the names of a sufficient number of candidates as set out in subitem (1), the procedure provided for in this item must be repeated with the changes required by the context until all seats have been allocated. |
8.
(1) Where a party submitted both a national and regional lists, the seats finally allocated to it—
(a) in terms of item 5(g) must be filled from its regional lists in accordance with its final allocation of seats in respect of the various regions; and
(b) in terms of item 6(e), must be filled from its national list in accordance with its final allocation of seats in terms of that item.
(2) A seat finally allocated to a party in respect of a region, must, for the purposes of subitem (1)(a), be filled only from such party's list for that particular region.
9.
(1) Where a party submitted regional lists only, the seats finally allocated to it—
| (a) | in terms of item 5 (g), must be filled from such lists in accordance with its final allocation of seats in respect of the various regions; and |
| (b) | in terms of item 6( e), must be filled from the said lists in the same proportions as the proportions in which the seats referred to in paragraph (a) are to be filled in respect of the various regions for which the party was finally allocated seats in terms of item 5(g) : Provided that if a party was not allocated any seats in terms of item 5(g), the seats allocated to it in terms of item 6( e) must be filled from its regional lists in proportion to the number of votes received by that party in each of the regions : Provided further that surplus fractions must be disregarded, save that any remaining seats must be awarded to regions in sequence of the highest surplus fractions. |
(2) A seat finally allocated to a party in respect of a region, must, for the purposes of subitem (1)(a), be filled only from such party's list for that particular region.
9A.
(1) If a party gained no allocation of seats in terms of items 6(b) and (c), but the party gained a provisional seat in respect of the seats referred to in item 2(a), or if a party gained less seats in terms of items 6(b) and (c) than the number of provisional seats in respect of item 2( a), then the provisional allocation of seats in terms of item 2(a) becomes the final allocation of seats for such party, and if a recalculation is required in terms of item 7, the adjusted allocation becomes the final allocation.
| (2) | If a seat is allocated to a party in terms of subitem (1), then the determination of seats in terms of item 2(b) must be recalculated as follows: |
| (a) | An amended quota of votes per seat must be determined by dividing the total number of votes cast nationally on national ballot papers, minus the votes cast for a party referred to in sub-item (1), by the total number of seats in the National Assembly plus one, minus the seats awarded in terms of sub-item (1), and the result plus one, disregarding fractions, is the quota of votes per seat. |
| (b) | The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast nationally in favour of each party, excluding those awarded seats in terms of sub-item (1), by the quota of votes per seat determined in terms of paragraph (a). |
| (c) | Where the result of the recalculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats not awarded in terms of paragraph (b) must be awarded to the party or parties concerned in sequence of the highest surplus. |
| (d) | The aggregate of a participating party's awards in terms of paragraphs (b) and (c) must be reduced by the number of seats provisionally allocated to it in terms of item 5(f ) and the results indicate that party's provisional allocation of the seats in terms of item 2(b). |
| (3) | If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2(b), the provisional allocation of such seats in terms of paragraph (d) becomes the final allocation of such seats to the various parties, and if such a recalculation is required, the provisional allocation of such seats, as adjusted in terms of item 7, becomes the final allocation of such seats to the various parties. |
| (4) | If a party forfeits a seat in terms of item 7(1) which was allocated to it in terms of sub-item (1), then the seats provisionally allocated to other parties in terms of item 2(b) must be recalculated in terms of item 7(2) and (3), taking such forfeiture into account. |
Provincial legislatures
| 10. | The number of seats in each provincial legislature are as determined in terms of section 105 of the Constitution. |
| 11. | Registered parties contesting an election of a provincial legislature, must nominate candidates for election to such provincial legislature on provincial lists prepared in accordance with this Act. |
| 12. | Each party is entitled to submit only one list per province, which must contain the names of not more than the number of seats determined under item 10 for the relevant provincial legislature and in such fixed order of preference as the party may determine. |
| 13. | The seats determined for a provincial legislature must be allocated to parties contesting an election, as follows— |
| (a) | A quota of votes per seat must be determined by dividing the total number of votes cast in the province concerned by the number of seats, plus one, determined under item 10 for such province and the result plus one, disregarding fractions, is the quota of votes per seat for such province. |
| (b) | The number of seats to be awarded to a party for the purposes of paragraph (d) must, subject to paragraph (c), be determined by dividing the total number of votes cast in the province in favour of such party by the quota of votes per seat determined in terms of paragraph (a). |
| (c) | Where the result of the calculation in terms of paragraph (b) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties in respect of the province concerned, and any seat or seats not awarded in terms of paragraph (b), must be awarded to the party or parties concerned in sequence of the highest surplus. |
| (d) | The aggregate of a party's awards in terms of paragraphs (b) and (c), indicates that party's provisional allocation of seats in the provincial legislature in question. |
| (e) | If no recalculation of provisional allocations for a province concerned is required in terms of item 14, the provisional allocation of seats in respect of that province in terms of paragraph (d), becomes the final allocation of such seats to the various parties, and if such a recalculation is required the provisional allocation of such seats as adjusted in terms of item 14 becomes the final allocation of such seats to the various parties. |
14.
(1) If a party has submitted a provincial list containing fewer names than the number of seats provisionally allocated to it in terms of item 13(d), it must forfeit a number of seats equal to the deficit.
(2) In the event of any forfeiture of seats in terms of subitem (1), the allocation of seats in respect of the province concerned must be recalculated as follows:
| (a) | The party forfeiting seats must be disregarded in such recalculation, and its provisional allocation of seats in terms of item 13 (d), minus the number of seats forfeited by it in respect of its list for such province, becomes its final allocation of seats in the provincial legislature concerned. |
| (b) | An amended quota of votes per seat must be determined in respect of such province by dividing the total number of votes cast in the province, minus the number of votes cast in the province in favour of the party referred to in paragraph (a), by the number of seats, plus one, determined in terms of item 10 in respect of the province concerned, minus the number of seats finally allocated to the said party in terms of paragraph (a). |
| (c) | The result plus one, disregarding fractions, is the amended quota of votes per seat in respect of such province for purposes of the said recalculation. |
| (d) | The number of seats to be awarded for the purposes of paragraph (f) in respect of such province to a party participating in the recalculation, must, subject to paragraph (e), be determined by dividing the total number of votes cast in favour of such party in such province by the amended quota of votes per seat indicated by paragraph (c) for such province. |
Where the result of the recalculation in terms of paragraph (d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus competes with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats in respect of such province not awarded in terms of paragraph (d), must be awarded to the party or parties concerned in sequence of the highest surplus.
The aggregate of such a party's awards in terms of paragraphs (d) and ( e) in respect of such province, subject to subitem (3), indicates that party's final allocation of the seats determined under item 10 in respect of that province.
| (3) | In the event of a party being allocated an additional number of seats in terms of this item and if its list in question then does not contain the names .of a sufficient number of candidates as set out in subitem (1), the process provided for in this item must be repeated with the changes required by the context until all seats have been allocated. |
Ballot papers
15. There must be separate ballot papers for the election of members of the National Assembly and of members of the provincial legislatures.
Designation of representatives
16.
| (1) | After the counting of votes has been concluded, the number of representatives of each party has been determined and the election result has been declared in terms of section 190 of the Constitution, the Commission must, within two days after such declaration, designate from each list of candidates, the representatives of each party in the legislature. |
| (2) | Following the designation in terms of subitem (1), if a candidate's name appears on more than one list for the National Assembly or on lists for both the National Assembly and a provincial legislature (if an election of the Assembly and a provincial legislature is held at the same time), and such candidate is due for designation as a representative in more than one case, the party which submitted such lists must, within two days after the said declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate will serve, as the case may be, in which event the candidate's name must be deleted from the other lists. |
| (3) | If a party fails to indicate to the Commission from which list a candidate will be designated or in which legislature a candidate will serve, such candidate's name must be deleted from all the lists. |
| (4) | The Commission must forthwith publish the list of names of representatives in the legislature or legislatures. |
Supplementation of lists of candidates
17. No lists of candidates of a party for any legislature may be supplemented prior to the designation of representatives in terms of item 16.
| 18. | Lists of candidates may, after the designation of representatives in terms of item 16 has been concluded, be supplemented by the addition of an equal number of names at the end of the applicable list, if — |
| (a) | a representative is elected as the President or to any other executive office as a result of which he or she resigns as a representative of a legislature; |
| (b) | a representative is appointed as a permanent delegate to the National Council of Provinces; |
| (c) | a name is deleted from a list in terms of item 16(2); or |
| (d) | a vacancy has occurred and the appropriate list of candidates of the party concerned is depleted. |
| 19. | Lists of candidates of a party referred to in item 16 (1) may be supplemented on one occasion only at any time during the first 12 months following the date on which the designation of representatives in terms of item 16 has been concluded, in order to fill casual vacancies: Provided that any such supplementation must be made at the end of the list. |
| 20. | The number of names on lists of candidates as supplemented in terms of item 18 may not exceed the difference between the number of seats in the National Assembly or a provincial legislature, as the case may be, and the number of representatives of a party in any such legislature. |
Review of lists of candidates by party
| 21. | A party may review its undepleted lists as supplemented in terms of items 18, 19 and 20, within seven days after the expiry of the period referred to in item 19, and annually thereafter, until the date on which a party has to submit lists of candidates for an ensuing election, in the following manner: |
| (a) | all vacancies may be supplemented; |
| (b) | no more than 25 per cent of candidates may be replaced; and |
| (c) | the fixed order of lists may be changed. |
Publication of supplemented and reviewed lists of candidates
| 22. | Candidates' lists supplemented in terms of items 18 and 19 or reviewed in terms of item 21 must be published by the Secretary to Parliament and the Secretaries of the provincial legislatures within 10 days after the receipt of such lists from the parties concerned. |
Vacancies
23.
| (1) | In the event of a vacancy in a legislature to which this Schedule applies, the party which the vacating member represented must fill the vacancy by nominating a person— |
| (a) | whose name appears on the list of candidates— |
| (i) | from which that party's members were originally nominated; or |
| (ii) | where applicable, submitted by a party in terms of item 5(2) of Schedule 6A to the Constitution; and |
| (b) | who is the next qualified and available person on the list. |
| (2) | A nomination to fill a vacancy must be submitted to the Speaker in writing. |
| (3) | If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of section 47(3)(c) or 106(3)(c) of the Constitution, the seats in question must be allocated to the remaining parties with the changes required by the context as if such seats were forfeited seats in terms of item 7 or 14, as the case may be. |
Definitions
24. In this Schedule—
'Constitution' means the Constitution of the Republic of South Africa, 1996, (Act No. 108 of 1996);
'national list' means a list of candidates prepared by a party for an election of the National Assembly to reflect that party's order of preference of candidates in respect of the allocation of seats on a national basis; 'provincial list' means a list of candidates prepared by a party for an election of a provincial legislature;
'region' means the territorial area of a province;
'regional list' means a list of candidates in respect of a region prepared by a party for an election of the National Assembly to reflect that party's order of preference of candidates in respect of the allocation of seats in respect of such region;
'votes' means—
(a) where it occurs in items 5, 6, 7 and 9, votes cast in an election for the National Assembly;
(b) where it occurs in items 13 and 14, votes cast in the election for the provincial legislature of a province concerned; and
(c) where it occurs in item 16, votes cast in the election for the National Assembly and the provincial legislatures
