Constitution of the Republic of South Africa, 1996/2002-06-20/Chapter 4

Allocation of delegates

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 provincial legislature must, within 30 days after the result of an election of that provincial legislature is declared —

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 appoint the permanent delegates in accordance with the nominations of the parties.

If the composition of a provincial legislature is changed on account of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within that legislature, it must within 30 days after such change —

determine, in accordance with the national legislation referred to in paragraph (a), how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and appoint the permanent delegates in accordance with the nominations of the parties.

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.

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.

Permanent delegates

A person nominated as a permanent delegate must be eligible to be a member of the provincial legislature.

If a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member of the legislature.

Permanent delegates are appointed for a term that expires —

immediately before the first sitting of a provincial legislature after its next election; or on the day before the appointment of permanent delegates in accordance with section 61(2)(b)(ii) takes effect.

A person ceases to be a permanent delegate if that person —

ceases to be eligible to be a member of the provincial legislature for any reason other than being appointed as a permanent delegate; becomes a member of the Cabinet; has lost the confidence of the provincial legislature and is recalled by the party that nominated that person; ceases to be a member of the party that nominated that person and is recalled by that party; or is absent from the National Council of Provinces without permission in circumstances for which the rules and orders of the Council prescribe loss of office as a permanent delegate.

Vacancies among the permanent delegates must be filled in terms of national legislation.

Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.