Page:Constitution Fourteenth Amendment Act of 2008 from Government Gazette.djvu/3

4 No. 31791

CONSTITUTION FOURTEENTH AMENDMENT ACT OF 2008 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.]”.

Amendment of section 62 of the Constitution of the Republic of South Africa, 1996, as amended by section 2 of the Constitution Ninth Amendment Act of 2002

2. Section 62 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection: “(3) Permanent delegates are appointed for a term that expires—

immediately before the first sitting of the 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].”.

Amendment of section 105 of the Constitution of the Republic of South Africa, 1996, as amended by section 3 of the Constitution Tenth Amendment Act of 2003

3. Section 105 of the Constitution is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “[Subject to Schedule 6A, a] A provincial legislature consists of women and men elected as members in terms of an electoral system that—”.

Amendment of section 106 of the Constitution of the Republic of South Africa, 1996, as amended by section 4 of the Constitution Tenth Amendment Act of 2003

4. Section 106 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection: “(3) A person loses membership of a provincial legislature if that person—

ceases to be eligible;

is absent from the legislature without permission in circumstances for which the rules and orders of the legislature prescribe loss of membership; or

ceases to be a member of the party that nominated that person as a member of the legislature[, unless that member has become a member of another party in accordance with Schedule 6A].”.

Amendment of Schedule 3 to the Constitution of the Republic of South Africa, 1996, as amended by section 2 of the Constitution Fourth Amendment Act of 1999, section 19 of the Constitution Sixth Amendment Act of 2001 and section 3 of the Constitution Ninth Amendment Act of 2002

5. Schedule 3 to the Constitution is hereby amended—

by the substitution for item 3 of Part B of the following item:

3. If the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties[, including any merged party as contemplated in section 61 (2) (b),] with the same surplus in the sequence [of votes recorded, starting with the party or merged party which recorded] from the highest to the lowest number of votes[, including combined votes in the case of a merged party,] that have been recorded for those parties during the last election for the provincial legislature concerned[, but if any of the parties with the same surplus—

came into existence on account of changes of party membership or subdivision of parties within that legislature as contemplated in section 61 (2) (b); and