Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/102

202   No. 15466

Each party shall be entitled to submit only one list per province, which shall contain the names of not more than the number of seats determined under item 10  for the relevant provincial legislature and in such fixed order of preference as the party may determine. The seats determined for a provincial legislature shall be allocated to parties contesting an election, as follows—

A quota of votes per seat shall be determined by dividing the total number of votes cast in the province concerned by the number of seats, plus one, determined under item 10  for such province and the result plus one, disregarding fractions, shall be the quota of votes per seat for such province. The number of seats to be awarded to a party for the purposes of paragraph (d) shall, subject to paragraph (c), be determined by dividing the total number of votes cast in the province in favour of such party by the quota of votes per seat determined in terms of paragraph (a). Where the result of the calculation in terms of paragraph (b) 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 in respect of the province concerned, and any seat or seats not awarded in terms of paragraph (b), shall be awarded to the party or parties concerned in sequence of the highest surplus. The aggregate of a party’s awards in terms of paragraphs (b) and (c), shall indicate that party’s provisional allocation of seats in the provincial legislature in question. If no recalculation of provisional allocations for a province concerned is required in terms of item 14 , the provisional allocation of seats in respect of that province in terms of paragraph (d), shall become the final allocation of such seats to the various parties, and if such a recalculation is required the provisional allocation of such seats as adjusted in terms of item 14 shall become the final allocation of such seats to the various parties.

(1) If a party has submitted a provincial list containing fewer names than the number of seats provisionally allocated to it in terms of item 13  (d), it shall forfeit a number of seats equal to the deficit.

(2) In the event of any forfeiture of seats in terms of subitem (1), the allocation of seats in respect of the province concerned shall be recalculated as follows:

The party forfeiting seats shall be disregarded in such recalculation, and its provisional allocation of seats in terms of item 13(d), minus the number of seats forfeited by it in respect of its list for such province, shall become its final allocation of seats in the provincial legislature concerned. An amended quota of votes per seat shall be determined in respect of such province by dividing the total number of votes cast in the province, minus the number of votes cast in the province in favour of the party referred to in paragraph (a), by the number of seats, plus one, determined in terms of item 10  in respect of the province concerned, minus the number of seats finally allocated to the said party in terms of paragraph (a). The result plus one, disregarding fractions, shall be the amended quota of votes per seat in respect of such province for purposes of the said recalculation. The number of seats to be awarded for the purposes of paragraph (f) in respect of such province to a party participating in the recalculation, shall, subject to paragraph (e), be determined by dividing the total number of votes cast in favour of such party in such province by the amended quota of votes per seat indicated by paragraph (c) for such province. 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 in respect of such province not awarded in terms of paragraph (d), shall be awarded to the party or parties concerned in sequence of the highest surplus. The aggregate of such a party’s awards in terms of paragraphs (d) and (e) in respect of such province shall, subject to subitem (3), indicate that party’s final allocation of the seats determined under item 10 in respect of that province.

(3) 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 process provided for in this item shall mutatis mutandis be repeated until all seats have been allocated.

(1) A party intending to contest the election of one or more or all the provincial legislatures, but not the election of the National Assembly, may, within the time and in the manner prescribed by or under the Electoral Act, 1993, declare that it supports another party which is contesting the