# Constitution of the Republic of South Africa, 1993/1996-04-24/Schedule 2

Schedule 2
System for Election of National Assembly and Provincial Legislatures
Election of National Assembly
1.
2.
(a)
| Western Cape | —21 seats |
| Eastern Cape | —26 seats |
| Northern Cape | —4 seats |
| KwaZulu/Natal | —40 seats |
| Free State | —15 seats |
| North-West | —17 seats |
| Northern Province | —20 seats |
| Mpumalanga | —14 seats |
| Gauteng | —43 seats | ; and |
(b)
3.
4.
(a)
(b)
with such number of names on each list as the party may determine subject to item 3.
5.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
6.
(a)
(b)
(c)
(d)
(e)
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 shall forfeit 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 shall be recalculated as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(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 shall be recalculated as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(4) In the event of a party being allocated an additional number of seats in terms of this item, and 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 shall mutatis mutandis be repeated until all seats have been allocated.
8.
(1) Where a party submitted both a national list and regional lists, the seats finally allocated to it—
(a)
(b)
(2) A seat finally allocated to a party in respect of a region, shall, 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)
(b)
(2) A seat finally allocated to a party in respect of a region, shall, for the purposes of subitem (1)(a), be filled only from such party’s list for that particular region.
Election of provincial legislatures
10.
| Western Cape | —42 seats |
| Eastern Cape | —52 seats |
| Northern Cape | —30 seats |
| KwaZulu/Natal | —80 seats |
| Free State | —30 seats |
| North-West | —34 seats |
| Northern Province | —40 seats |
| Mpumalanga | —30 seats |
| Gauteng | —86 seats: |
Provided that the Commission may for the purposes of any provincial election after the first election under this Constitution vary any determination under this item.
11.
12.
13.
(a)
(b)
(c)
(d)
(e)
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 shall 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 shall be recalculated as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(3) In the event of a party being allocated an additional number of seats in terms of this item, and 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 shall mutatis mutandis be repeated until all seats have been allocated.
Ballot papers
15.
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 has been certified by the Commission as having been free and fair or a declaration has been made by the Commission under section 250(1)(a), the Commission shall, within two days after such certification or declaration, designate from each list of candidates published in terms of section 23 of the Electoral Act, 1993, the representatives of each party in each 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 of both the National Assembly and a provincial legislature and such candidate is due for designation as a representative in more than one case, the party which submitted such lists shall, within two days after the said certification or declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate shall serve, as the case may be, in which event the candidate’s name shall be deleted from the other lists.
(3) The Commission shall forthwith publish the list of names of representatives in all legislatures.
Supplementation of lists of candidates
17.
18.
(a)
(b)
(c)
(d)
19.
20.
Review of lists of candidates by a party
21.
(a)
(b)
(c)
Publication of supplemented and reviewed lists of candidates
22.
Vacancies
23.
(1) In the event of a vacancy occurring in the representation of a party in any legislature, such vacancy shall forthwith be filled in accordance with section 44 or 133.
(2) If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of section 43(b) or 133(1)(b), the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item 7 or 14, as the case may be.
Alteration of numbers and boundaries of provinces
24.
Definitions
25.
“Commission” means the Independent Electoral Commission, established by the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), or, in relation to any election held after the first election under this Constitution, that Commission or any other body established or designated by an Act of Parliament;
“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)
(b)
(c)
Application of Schedule with reference to section 124
26.
are concerned.