Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/99

196   No. 15466

SCHEDULE 2

System for Election of National Assembly and Provincial Legislatures

Election of National Assembly

Parties registered in terms of the Electoral Act, 1993, and contesting an election of the National Assembly, shall nominate candidates for such election on lists of candidates prepared in accordance with this Schedule and the Electoral Act, 1993. The 400 seats in the National Assembly referred to in section 40  (1), shall be filled as follows:

200 seats from regional lists submitted by the respective parties, with a fixed number of seats reserved for each region as determined by the Commission for a particular election, taking into account available scientifically based data in respect of voters, representations by interested parties and the following proposed determination in respect of the various regions: 200 seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.

The lists of candidates submitted by a party, shall in total contain the names of not more than 400 candidates, and each such list shall denote such names in such fixed order of preference as the party may determine. A party’s lists of candidates shall consist of—

both a national list and a list for each region; or a list for each region,

with such number of names on each list as the party may determine subject to item 3. The 200 seats referred to in item 2  (a) shall be allocated per region to the parties contesting an election, as follows:

A quota of votes per seat shall be determined in respect of each region by dividing the total number of votes cast in a region by the number of seats, plus one, reserved for such region under item 2(a). The result plus one, disregarding fractions, shall be the quota of votes per seat in respect of a particular region. The number of seats to be awarded for the purposes of paragraph (e) in respect of such region to a party, shall, subject to paragraph (d), be determined by dividing the total number of votes cast in favour of such party in a region by the quota of votes per seat indicated by paragraph (b) for that region. Where the result of the calculation referred to in paragraph (c) 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 relevant region, and any seat or seats in respect of that region not awarded in terms of paragraph (c), 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 (c) and (d) in respect of a particular region shall indicate that party’s provisional allocation of the seats reserved under item 2(a) for that region. The aggregate of a party’s provisional allocations for the various regions in terms of paragraph (e), shall indicate its provisional allocation of the seats referred to in item 2(a). If no recalculation of provisional allocations is required in terms of item 7  in respect of the seats referred to in item 2(a), the provisional allocation of such seats in terms of paragraphs (e) and (f) 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 7, shall become the final allocation of such seats to the various parties.

The 200 seats referred to in item 2  (b) shall be allocated to parties contesting an election, as follows: