TheMinisterofHome Affairs hereby publishes the draft Electoral Bill, 2004,whichwassuggested in the majority Report of the Electoral Task Team established by Cabinet and chaired by Dr F. van Zyl Slabbert which, pursuant to a Cabinet decision, is to be handled by the Parliament empowered through the 2004 elections. The draft Bill contains a new electoral system which Parliament may consider in respect of the 2009 elections and beyond.
matters connected therewith.
"Electoral Act"means the Electoral Act, 1998 (Act No.
"ElectoralCommissionAct" means the Electoral Commission Act,1996 (Act No.
"municipality",as a geographical area, means an area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No.
Structures Act, 1998 (Act No.
"ward" means a ward referred to in item 2 of Schedule 1 of the Municipal Structures Act.
This Act applies to allelections of members of theNationalAssemblyand provincial legislatures held after the coming into operation of this Act.
Commissionthe Demarcation must administer this Actin a manner conducive to free and fair elections.
Metropolitan constituencies divided boundaries must form the basis on which constituencies are divided.
10 No. 24608 GOVERNMENT GAZETTE.
denote such names in such fixed order of preference as the party may determine.
(b)and(c)shall be reduced bythenumber ofseatsprovisionally allocated to it in terms of section 130 and the results shall indicate the party's provisional allocationof the seats in terms of section lO(b).
(9 Theaggregate of aparty'sawards in terms of paragraphs(d) and (e) in respect of such constituency shall, subject to section (4), indicate that party's final allocation of seats reserved under section 1O(a) for that constituency.
(d)and(e) shall be reduced bythenumberofseatsfinally allocatedto it in terms of section13(g),andtheresultshall, subject to subsection (4), indicate that party's final allocation of the seats referred to in section 1O(b).
A seat finally allocated to a party in respect of a constituency, shall, for the purposes of subsection (l)(a), be filled only from such party's list for that particular constituency.
The remainder of seats from provincial lists submitted by the respective parties.
The of in constituency a for purposes of an election of that provincial legislature must be determined by dividing the total number of registered voters in a particular constituency with the quota determined in section 20.
Where the resultof the calculation in subsection(1) yields a surplus not absorbed by the number of seats reserved for constituencies, such surplus shall compete other surpluses toother with similar accruingany constituency, and any seat or seats not awarded in terms of subsection(1) shall be awarded to the constituencies Concernedin sequence of the highest surplus, andsuchallocationwill be the finalallocation of seatsto constituencies.
the referredin more constituencies is equal, the seat must be awarded to the constituency that has the most registered voters.
a constituency list, contain the names of not more than the number of candidates to be elected in each constituency plus a provincial list, the names of not more than the number of seats to be two candidates: and allocated from such provincial list.
The provisions of Chapter 5 of this Act, with the exclusion of sections 10 and 11, must mutantis mufandis apply to the election of provincial legislatures, and any reference in that chapter to national or nationally must be construed to be a reference to provincialor provincially, and any reference to a national list must be construed to be a reference to a provincial list.
Followingthedesignation in terms of subsection (I),if a candidate's name appears on more than one list for the National Assembly or on more thanone list for a provinciallegislature or onmorethanonelistfora constiuency or onlistsforboththeNational Assembly and a provincial legislature (if elections of the National Assembly and provincial legislature are 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 shall, within two days after the said designation, indicateto the Commission from which list such candidate will be designatedor in which legislature the candidatewillserve, asthecasemaybe, inwhicheventthecandidate's name shall be deleted from the other lists, and the next name that appears on such list shall move upwards on such list.
Commission forthwith theof of representatives in the legislatures.
Supplementation of lists of candidates prior to the designation of representatives in terms of section27.
(a)arepresentative is electedasthePresidentor to any other executive office as a result of which he or she resigns as a representative in a legislature.
Thenumberofnamesonlists of candidatesassupplemented in terms of section 30 shall 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 partyin any such legislature.
no more than 25 per cent of candidates may be replaced; and the fixed order of lists may be changed.
Candidates'listssupplementedinterms of sections 29, 30,and31or reviewed in terms of section 32 shallbepublished by theSecretaryto Parliament and the Secretaries of the provincial legislatures within 10 days after the receipt of such lists from the parties Concerned.
(b)who is the next qualified and available person on the list.
(l), at any time change its name.
Act are suspended in respect of the first election of the National Assembly after the coming into operation of this Act.
TheprovisionsofChapter 5 and 6 aswellasSection 27(2)ofthisActare suspended in respect of the first election of a provincial legislature after the coming into operation of this Act.
Theprovisions of section 34 aresuspendeduntil the first election of the National Assembly and provincial legislatures after the coming into operation of this Act.
The other half of the seats from national lists submitted by the parties.
(b)Thenumber of seats to be awardedtoaparty for thepurposes of paragraph (d) shall, subject to paragraph (c), be determined by dividing.
(9 The aggregate of such a party's awards in terms of paragraphs (d) and (e) in respect of such province shall, subject lo subsection (3), indicate that party's final allocation of the seats determined under section 43 in respectof that province.
In the event of a party being allocated an additional number of seats in terms of this section, and its list in question then not containing the names of a sufficient number of candidates as set out in subsection (I), the process provided for in this section shallmutatis mutandis be repeated until all seats have been allocated.