Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/103

204   No. 15466

election of the National Assembly, and if it so declares, all votes cast in its favour shall, for the purpose of the election of the National Assembly, be deemed to be votes cast in favour of such other party.

(2) A party intending to contest the election of the National Assembly, but not the election of one or more or any of the provincial legislatures, 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 election of a provincial legislature which the first-mentioned party is not contesting, and if it so declares, all votes cast in its favour shall, for the purpose of the election of that particular provincial legislature or legislatures, be deemed to be votes cast in favour of such other party.

(3) A party intending to contest the election of one or more provincial legislatures, but not the election of all the provincial legislatures, 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 election of a provincial legislature or legislatures which the first-mentioned party is not contesting, and if it so declares, all votes cast in its favour shall, for the purpose of the election of the last-mentioned provincial legislature or legislatures, be deemed to be votes cast in favour of such other party.

(4) For the purposes of subitems (2) and (3), a party may support different parties in the different provincial legislatures.

(5) This item shall apply only to an election of the National Assembly which is held simultaneously with the election of the provincial legislatures.

(1) After the counting of votes has been concluded, the number of representatives of each party has been determined and the election has been certified by the Commission as having been free and fair or a declaration has been made by the Commission under section 250  (1)(a), the Commission shall, within two days after such certification or declaration, designate from each list of candidates published in terms of section 23 of the Electoral Act, 1993, the representatives of each party in each legislature.

(2) Following the designation in terms of subitem (1), if a candidate’s name appears on more than one list for the National Assembly or on lists of both the National Assembly and a provincial legislature and such candidate is due for designation as a representative in more than one case, the party which submitted such lists shall, within two days after the said certification or declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate shall serve, as the case may be, in which event the candidate’s name shall be deleted from the other lists.

(3) The Commission shall forthwith publish the list of names of representatives in all legislatures.

No lists of candidates of a party for any legislature shall be supplemented prior to the designation of representatives in terms of item 16 , save where provided for by an Act of Parliament. Lists of candidates may, after the designation of representatives in terms of item 16  has been concluded, be supplemented by the addition of an equal number of names at the end of the applicable list, if—

a representative is elected as the President or to any other executive office as a result of which he or she resigns as a representative of a legislature; a representative is elected as a member of the Senate; a name is deleted from a list in terms of item 16(2); or a vacancy has occurred and the appropriate list of candidates of the party concerned is depleted.

Lists of candidates of a party published in terms of section 23 of the Electoral Act, 1993, may be supplemented on one occasion only at any time during the first 12 months following the date on which the designation of representatives in terms of item 16  has been concluded, in order to fill casual vacancies: Provided that any such supplementation shall be made at the end of the list. The number of names on lists of candidates as supplemented in terms of item 18  shall not exceed the difference between the number of seats in the National Assembly or a provincial legislature, as the case may be, and the number of representatives of a party in any such legislature.