Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/101

200   No. 15466

The result plus one, disregarding fractions, shall be the amended quota of votes per seat for the purposes of the said recalculation. The number of seats to be awarded for the purposes of paragraph (f) to a party participating in the recalculation shall, subject to paragraph (e), be determined by dividing the total number of votes cast nationally in favour of such party by the amended quota of votes per seat indicated by paragraph (c). Where the result of the recalculation in terms of paragraph (d) yields a surplus not absorbed by the number of seats awarded to a party concerned, such surplus shall compete with other similar surpluses accruing to any other party or parties participating in the recalculation, and any seat or seats not awarded in terms of paragraph (d), shall be awarded to the party or parties concerned in sequence of the highest surplus, up to a maximum of five seats so awarded: Provided that subsequent awards of seats still remaining unawarded shall be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (d) and this paragraph. The aggregate of such a party’s awards in terms of paragraphs (d) and (e) shall be reduced by the number of seats finally allocated to it in terms of item 5(g), and the result shall, subject to subitem (4), indicate that party’s final allocation of the seats referred to in item 2(b).

(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. (1) Where a party submitted both a national list and regional lists, the seats finally allocated to it—

in terms of item 5  (g), shall be filled from its regional lists in accordance with its final allocation of seats in respect of the various regions; and in terms of item 6  (e), shall be filled from its national list in accordance with its final allocation of seats in terms of that item.

(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. (1) Where a party submitted regional lists only, the seats finally allocated to it—

in terms of item 5  (g), shall be filled from such lists in accordance with its final allocation of seats in respect of the various regions; and in terms of item 6  (e), shall be filled from the said lists in the same proportions as the proportions in which the seats referred to in paragraph (a) are to be filled in respect of the various regions for which the party was finally allocated seats in terms of item 5(g): Provided that if a party was not allocated any seats in terms of item 5(g), the seats allocated to it in terms of item 6(e) shall be filled from its regional lists in proportion to the number of votes received by that party in each of the regions: Provided further that surplus fractions shall be disregarded save that any remaining seats shall be awarded to regions in sequence of the highest surplus fractions.

(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

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. Parties registered in terms of the Electoral Act, 1993, and contesting an election of a provincial legislature, shall nominate candidates for election to such provincial legislature on provincial lists prepared in accordance with this Schedule and the Electoral Act, 1993.