Constitution of the Republic of South Africa, 1993/1994-04-27/Schedule 2

The 400 seats in the National Assembly referred to in section 40(1), shall be filled as follows:

200 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 a particular election, taking into account available scientifically based data in respect of voters, representations by interested parties and the following proposed determination in respect of the various regions:

200 seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.

The Commission shall determine the number of seats in each provincial legislature, taking into account available scientifically based data in respect of voters, representations by interested parties and the following proposed determination: 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.

There shall be separate ballot papers for the election of members of the National Assembly and of members of the provincial legislatures.

In this Schedule—

“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—

where it occurs in items 5, 6, 7 and 9, votes cast in the election for the National Assembly; where it occurs in items 13 and 14, votes cast in the election for the provincial legislature of a province concerned; and where it occurs in item 16, votes cast in the election for the National Assembly and the provincial legislatures.