Page:Constitution of the Republic of South Africa Amendment Act 2003 from Government Gazette.djvu/6



(2) The provisions of item 4 (3) and (4) and item 5 are also applicable in respect of subitem (1), and any reference therein to a period referred to in item 4 (1) (a) or (b) must be construed as a reference to the period referred to in subitem (1). ”.

Amendment of Schedule 2 to Act 200 of 1993, as amended by section 12 of Act 2 of 1994, section 3 of Act 20 of 1995, section 13 of Act 44 of 1995 and Schedule 6 to Act 108 of 1996

7. Schedule 2 to the Constitution of the Republic of South Africa, 1993 is hereby amended—

by the substitution for item 23 of the following item: “Vacancies

23. (1) In the event of a vacancy in a legislature to which this Schedule applies, the party which [nominated] the vacating member represented shall fill the vacancy by nominating a person—

whose name appears on the list of candidates—

from which [the vacating member was] that party's members were originally nominated; or

where applicable, submitted by a party in terms of item 5 (2) of Schedule 6A to the new Constitution; and

who is the next qualified and available person on the list.

(2) A nomination to fill a vacancy shall be submitted to the Speaker in writing.

(3) If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of [item 23A (1)] section 47 (3) (c) or 106 (3) (c) of the new Constitution, 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.”; and

by the substitution for item 23A of the following item: “Party may change name

23A. Despite sections 47 (3) (c) and 106 (3) (c) of the new Constitution any existing political party may at any time change its name. ”.

Repeal of Act 22 of 2002

8. The Loss or Retention of Membership of National and Provincial Legislatures Act, 2002 (Act No. 22 of 2002), is hereby repealed.

Amendment of other laws

9. The laws mentioned in column 2 of the Table are hereby amended to the extent indicated in column 3 of the Table: