Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/104

206   No. 15466

A party may review its undepleted lists as supplemented in terms of items 18 ,  19  and  20  , within seven days after the expiry of the period referred to in item 19, and annually thereafter, until the date on which a party has to submit lists of candidates for an ensuing election, in the following manner:

all vacancies may be supplemented; no more than 25 per cent of candidates may be replaced; and the fixed order of lists may be changed.

Candidates’ lists supplemented in terms of items 18  and  19  or reviewed in terms of  item 21  shall be published by the Secretary to Parliament and the Secretaries of the provincial legislatures within 10 days after the receipt of such lists from the parties concerned.

(1) In the event of a vacancy occurring in the representation of a party in any legislature, such vacancy shall forthwith be filled in accordance with section 44  or  133.

(2) If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of section 43  (b) or 133(1)(b), the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item  7  or  14 , as the case may be.

If the numbers or boundaries of provinces are altered pursuant to section 124 , the Commission shall review the determinations made in terms of items  2  and  10  , and such revised determinations shall then be the basis of any elections for the National Assembly or the provincial legislatures held after any such alteration.

In this Schedule—

“Commission” means the Independent Electoral Commission, established by the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), or, in relation to any election held after the first election under this Constitution, that Commission or any other body established or designated by an Act of Parliament;

“national list” means a list of candidates prepared by a party for an election of the National Assembly to reflect that party’s order of preference of candidates in respect of the allocation of seats on a national basis;

“provincial list” means a list of candidates prepared by a party for an election of a provincial legislature;

“region” means the territorial area of a province;

“regional list” means a list of candidates in respect of a region prepared by a party for an election of the National Assembly to reflect that party’s order of preference of candidates in respect of the allocation of seats in respect of such region.

The provisions of this Schedule shall be subject to any regulations made or directions given by the Commission in terms of section 124  (7) in so far as affected areas within the meaning of that section are concerned.