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PART 1
DEFINITIONS OF PROVINCES
THE PROVINCE OF NATAL
Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Alfred Kranskop Nqutu*
Babanango Lions River Paulpietersburg
Bergville Lower Tugela Piet Retief (2)
Camperdown Lower Umfolozi Pietermaritzburg
Chatsworth Mapumulo* Pinetown
Dannhauser Mhlabatini* Polela
Dundee Mooi River Port Shepstone
Durban Mount Currie (1) Richmond
Eshowe Msinga* Ubombo
Estcourt Mtonjaneni Umbumbulu*
Glencoe Mtunzini Umlazi*
Hlabisa Ndwedwe* Umvoti
Impendle New Hanover Umzinto
Inanda Newcastle Underberg
Ingwavuma* Ngotshe Utrecht
Ixopo Nkandhla* Vryheid
Klip River Nongoma* Weenen
(1) Excluding land mentioned in Proclamations R141 of 30 September 1983 and 43 of 26 April 1985 and the farms Drumleary 130 and Stanford 127.
(2) Only the Simdlangentsha and Pongola areas, described as:
PONGOLA
From the north-western beacon of Portion 45 (Diagram A 4265/55) of the farm Pongola 61 HU on the boundary between the Republic of South Africa and Swaziland; thence east along the said boundary between the Republic of South Africa and Swaziland to the north-eastern corner of the farm Devils Dive 79 HU, thence generally south along the said boundary to the south-eastern corner of the farm Lebombo's Poort 92 HU, thence generally west along the middle of the Pongola River, to the south-eastern corner of the farm Zwartkloof 60 HU; thence generally north along the boundaries of the following so as to exclude them out of this area: the said farm Zwartkloof 60 HU, Kranskloof 59 HU and Portion 45 (Diagram A 4275/55) of the farm Pongola 61 HU to the north-eastern beacon of the last-named Portion 45, the place of beginning.
SIMDLANGENTSHA
From the north-western beacon of Portion 10 (Diagram A 1373/39) of the farm Voorslag 24 HU, in a south-eastern direction along the north- eastern boundary of the said Voorslag 24 HU to the north-western beacon of the farm Beginsel 56 HU; thence eastwards along the northern boundaries of the following properties: the said farm Beginsel 56 HU, Kranskloof 59 HU and Portion 45 (Diagram A 4265/55) of the farm Pongola 61 HU, to the north-eastern beacon of the latter portion; thence in a general southern direction along the boundaries of the following properties so as to include them in this area: the said Portion 45 HU, the farm Kranskloof 59 HU and Zwartkloof 60 HU to the south-eastern beacon of the latter farm in the middle of the Pongola River; thence in a general western direction along the middle of the said Pongola River to the northernmost beacon of the farm Gunsteling 45 HU; thence in a general north-eastern direction along the boundaries of the following properties so as to include them in this area: the said farm Gunsteling 45 HU, Prudentie 46 HU, Oranjedal 38 HU, Tobolsk 28 HU, Belgrade 27 HU and Portion 10 (Diagram A 1373/39) of the farm Voorslag 24 HU to the north-western beacon of the latter farm, the place of beginning.
* Kwazulu districts, as they were on 1 February 1977.
THE PROVINCE OF NORTHERN CAPE
Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Barkly West Hartswater Philipstown
Britstown Hay Postmasburg
Calvinia Herbert Prieska
Carnarvon Hopetown Richmond
Colesberg Kenhardt Sutherland
De Aar Kimberley Victoria West
Fraserburg Kuruman (1) Warrenton
Gordonia Namaqualand Williston
Hanover Noupoort
(1) Excluding the areas as described in Proclamation 103 of 31 October 1991.
THE PROVINCE OF NORTHERN TRANSVAAL
(a) Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Dzanani* Phalaborwa Thabazimbi (3)
Ellisras Pietersburg Vuvani*
Letaba 1 Potgietersrust Warmbaths (4)
Letaba 2 Sibasa* Waterberg
Messina (1) Soutpansberg 1 (2)
Mutale* Soutpansberg 2
(1) Including the areas as described in Proclamations 187 of 24 September 1982, R51 of 27 March 1986 and 178 of 28 October 1988
(2) Including the areas as described in Proclamation R51 of 27 March 1986
(3) Excluding the areas as described in Proclamation R222 of 28 November 1986
(4) Excluding the areas as described in Proclamation R98 of 30 June 1989
* Venda districts, as they were on 13 September 1979
(b) The area for which the Gazankulu Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971)
(c) The area for which the Lebowa Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971), excluding the area consisting of the following properties-
(i) Remainder of the farm Elandsfontein 435 KT, in extent 5678,5521 hectares, according to Diagram A2306/1927; and
(ii) Portion 1, in extent 1457,4567 hectares, of the farm Dientjie 453 KT, according to Diagram A1939/1964.
THE PROVINCE OF NORTH-WEST
Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Bloemhof Lehurutshe* Pretoria (7)
Bafokeng* Lichtenburg (4) Rustenburg 1 (8)
Brits (1) Madikwe* Rustenburg 2 (9)
Christiana Mafeking (5) Schweizer-Reneke
Coligny Mankwe* Swartruggens (10)
Delareyville (2) Marico 1 (6) Taung*
Ditsobotla* Marico 2 Tlhaping-Tlharo*
Ganyesa* Molopo Ventersdorp
Klerksdorp Moretele* Vryburg (11)
Koster Odi* Warmbaths (12)
Kuruman (3) Potchefstroom Wolmaransstad
(1) Including-
(a) areas as described in Part 1 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978);
(b) the areas as described in Proclamations R222 of 28 November 1986 and R98 of 30 June 1989
(2) Including the areas as described in Proclamation R98 of 30 June 1989
(3) Only-
(a) land as described in Part 4 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978);
(b) the areas as described in Proclamation 103 of 31 October 1991
(4) Including the areas as described in Proclamation R98 of 30 June 1989
(5) Including-
(a) land as described in the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978);
(b) the areas as described in Proclamations 70 of 1 April 1990 and 103 of 31 October 1991
(6) Including the areas as described in Proclamations R222 of 28 November 1986; 43 of 18 March 1988; R220 of 30 December 1988; R98 of 30 June 1989; 70 of 1 April 1990; and 103 of 31 October 1991
(7) Only those areas as described in Proclamations R137 of 25 September 1987 and R98 of 30 June 1989
(8) Including-
(a) land as described in Part 3 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978);
(b) the areas as described in Proclamation 4 of 3 February 1989
(9) Including the areas as described in Proclamations 103 of 31 October 1991; 70 of 1 April 1990 and R98 of 30 June 1989
(10) Including the areas as described in Proclamation 103 of 31 October 1991
(11) Including-
(a) land as described in Part 5 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978);
(b) the areas as described in Proclamations 103 of 31 October 1991; 70 of 1 April 1990; R98 of 30 June 1989; R23 of 28 February 1986; and R259 of 31 December 1981
(12) Only those areas as described in Proclamation R. 98 of 30 June 1989
* Districts of Bophuthatswana, as they were on 6 December 1977 as well as the areas as described in Proclamation R222 of 28 November 1986.
THE PROVINCE OF EASTERN CAPE
Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
BLOCK `A'
Aberdeen Graaff-Reinet Pearston
Adelaide Hankey Port Elizabeth
Albany Hofmeyr Somerset East
Alexandria Humansdorp Steynsburg
Bathurst Jansenville Steytlerville
Bedford Joubertina Tarka
Cradock Kirkwood Uitenhage
Fort Beaufort (1) Middelburg Venterstad
Willowmore
BLOCK `B'
Albert Komgha Qumbu#
Aliwal North Lady Grey St Marks#
Barkly East Libode# Sterkstroom
Bizana# Lusikisiki# Stockenstrm (6)
Butterworth# Maclear Stutterheim (7)
Cathcart (2) Matatiele# Tabankulu#
Elliot Mdantsane* Tsolo#
Elliotdale# Middledrift* Tsomo#
Engcobo# Molteno Umtata#
Flagstaff# Mount Fletcher# Umzimkulu#
Glen Grey# Mount Ayliff# Victoria East*
Herschel# Mount Frere# Willowvale#
Hewu* Mqanduli# Wodehouse
Idutywa# Ngqeleni# Xalanga#
Indwe Nqamakwe# Zwelitsha*
Keiskammahoek* East London (4)
Kentani# Peddie*
King William's Town (3) Port St Johns#
Queenstown (5)
(1) Including the areas as described in Proclamation 75 of 30 April 1987
(2) Including the areas as described in Proclamation 187 of 3 November 1989
(3) Including the areas as described in Proclamations 101 of 26 June 1987; 127 of 12 August 1988 and 187 of 3 November 1989, as corrected by Correction Notice 380 of 23 February 1990
(4) Including the areas as described in Proclamations 15 of 3 March 1989 and 187 of 3 November 1989
(5) Including the areas as described in Proclamations R211 of 29 October 1982 and 101 of 26 June 1987
(6) Including the areas as described in Proclamation 187 of 3 November 1989
(7) Including the areas as described in Proclamations 75 of 30 April 1987; R139 of 25 September 1987; and 15 of 3 March 1989
* Districts of the Ciskei, as they were on 4 December 1981
# Districts of the Transkei, as they were on 26 October 1976, including the land mentioned in Proclamations R141 of 30 September 1983 and 43 of 26 April 1985 and the farms Drumleary 130 and Stanford 127
THE PROVINCE OF EASTERN TRANSVAAL
(a) Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Amersfoort Highveld Ridge Pilgrim's Rest 1
Balfour Kriel Pilgrim's Rest 2
Barberton Lydenburg Piet Retief (2)
Belfast Mathanjana (1) Standerton
Bethal Middelburg Volksrust
Carolina Moutse 1 Wakkerstroom
Delmas Moutse 2 Waterval-Boven
Ermelo Moutse 3 Witbank
Groblersdal Nelspruit White River
(1) As described in Part 2 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978);
(2) Excluding the Simdlangentsha and Pongola areas, described as:
PONGOLA
From the north-western beacon of Portion 45 (Diagram A 4265/55) of the farm Pongola 61 HU on the boundary between the Republic of South Africa and Swaziland; thence east along the said boundary between the Republic of South Africa and Swaziland to the north-eastern corner of the farm Devils Dive 79 HU; thence generally south along the said boundary to the south-eastern corner of the farm Lebombo's Poort 92 HU; thence generally west along the middle of the Pongola River, to the south-eastern corner of the farm Zwartkloof 60 HU; thence generally north along the boundaries of the following so as to exclude them out of this area: the said farm Zwartkloof 60 HU, Kranskloof 59 HU and Portion 45 (Diagram A 4275/55) of the farm Pongola 61 HU to the north-eastern beacon of the last-named Portion 45, the place of beginning.
SIMDLANGENTSHA
From the north-western beacon of Portion 10 (Diagram A 1373/39) of the farm Voorslag 24 HU, in a south-eastern direction along the north- eastern boundary of the said Voorslag 24 HU to the north-western beacon of the farm Beginsel 56 HU; thence eastwards along the northern boundaries of the following properties: the said farm Beginsel 56 HU, Kranskloof 59 HU and Portion 45 (Diagram A 4265/55) of the farm Pongola 61 HU, to the north-eastern beacon of the latter portion; thence in a general southern direction along the boundaries of the following properties so as to include them in this area: the said Portion 45 HU, the farm Kranskloof 59 HU and Zwartkloof 60 HU to the south-eastern beacon of the latter farm in the middle of the Pongola River; thence in a general western direction along the middle of the said Pongola River to the northernmost beacon of the farm Gunsteling 45 HU; thence in a general north-eastern direction along the boundaries of the following properties so as to include them in this area: the said farm Gunsteling 45 HU, Prudentie 46 HU, Oranjedal 38 HU, Tobolsk 28 HU, Belgrade 27 HU and Portion 10 (Diagram A 1373/39) of the farm Voorslag 24 HU to the north-western beacon of the latter farm, the place of beginning.
(b) The area for which the Kangwane Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971)
(c) The area for which the Kwandebele Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971)
(d) As well as the following properties forming part of the area for which the Lebowa Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971):
(i) Remainder of the farm Elandsfontein 435 KT, in extent 5678,5521 hectares, according to Diagram A2306/1927; and
(ii) Portion 1, in extent 1457,4567 hectares, of the farm Dientjie 453 KT, according to Diagram A1939/1964.
THE PROVINCE OF THE ORANGE FREE STATE
(a) Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Bethlehem Heilbron Rouxville
Bethulie Hennenman Sasolburg
Bloemfontein (1) Hoopstad Senekal
Boshof Jacobsdal Smithfield
Bothaville Jagersfontein Thaba Nchu*
Botshabelo Koffiefontein Theunissen
Brandfort Koppies Trompsburg
Bultfontein Kroonstad Ventersburg
Clocolan Ladybrand Viljoenskroon
Dewetsdorp Lindley Virginia
Edenburg Marquard Vrede
Excelsior (2) Odendaalsrus Vredefort
Fauresmith Parys Welkom
Ficksburg Petrusburg Wepener
Fouriesburg Philippolis Wesselsbron
Frankfort Reddersburg Winburg
Harrismith Reitz Zastron
(1) Including the areas as described in Proclamation R 98 of 30 June 1989
(2) Including the areas as described in Proclamations R142 of 30 September 1983 and R98 of 30 June 1989
* Districts of Bophuthatswana, as described on 6 December 1977
(b) The area for which the QwaQwa Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971)
THE PROVINCE OF PRETORIA-WITWATERSRAND-VEREENIGING
Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
BLOCK `A'
Alberton Kempton Park Springs
Benoni Krugersdorp Vanderbijlpark
Boksburg Nigel Vereeniging
Brakpan Oberholzer Westonaria
Germiston Randburg
Heidelberg Randfontein
Johannesburg Roodepoort
BLOCK `B'
Bronkhorstspruit Pretoria (1) Soshanguve 2 Cullinan Soshanguve 1 Wonderboom
(1) Excluding the areas as described in Proclamations R137 of 25 September 1987 and R. 98 of 30 June 1989
THE PROVINCE OF THE WESTERN CAPE
Districts created in terms of the Magistrates' Courts Act, 1944 (Act 32 of 1944)
Beaufort West Ladismith Somerset West
Bellville Laingsburg Stellenbosch
Bredasdorp Malmesbury Strand
Caledon Mitchells Plain Swellendam
Calitzdorp Montagu Tulbagh
Ceres Moorreesburg Uniondale
Clanwilliam Mossel Bay Van Rhynsdorp
George Murraysburg Vredendal
Goodwood Oudtshoorn Vredenburg
Heidelberg Paarl Wellington
Hermanus Piquetberg Worcester
Hopefield Prince Albert Wynberg
Cape Riversdale
Knysna Robertson
Kuils River Simonstown
PART 2
Affected Areas
(a) Bosbokrand- Consisting of the Mala district of Gazankulu and the Mapumaleng district of Lebowa
(b) District of Namaqualand
(c) District of Groblersdal
(d) Northern Transkei/Pondoland- Consisting of the Bizana, Flagstaff, Libode, Lusikisiki, Nqeleni, Port St Johns and Tabankulu districts of Transkei, as they were defined on 26 October 1976
(e) District of Umzimkulu of Transkei, as it was defined on 26 October 1976
(f) The area consisting of the districts of block `B' envisaged in Part 1 in respect of the province of Pretoria- Witwatersrand-Vereeniging
(g) The areas consisting of the districts of the two blocks envisaged in Part 1 in respect of the province of Eastern Cape
(h) Province of Northern Cape
(i) The area for which the KwaNdebele Legislative Assembly has been instituted in terms of section 1 of the Self-governing Territories Constitution Act, 1971 (Act 21 of 1971), including the districts of Moutse 1, 2 and 3 and the district of Mathanjana as described in Part 2 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978)
(j) District of Sasolburg
(k) The area consisting of the districts of Clanwilliam, Vredendal and Van Rhynsdorp
(l) District of Mount Currie, including land mentioned in Proclamations R141 of 30 September 1983 and 43 of 26 April 1985 and the farms Drumleary 130 and Stanford 127
(m) The area consisting of the districts of Kuruman, including the area defined in Proclamation 103 of 31 October 1991, Postmasburg and Hartswater
(n) The area consisting of-
(i) the district of Brits, excluding the areas as described in Part 1 of the Schedule to the Bophuthatswana Border Extension Act, 1978 (Act 8 of 1978), and Proclamations R222 of 28 November 1986 and R98 of 30 June 1989;
(ii) the districts of Moretele and Odi of Bophuthatswana, as they were defined on 6 December 1977.
Schedule 2
System for Election of National Assembly and Provincial Legisla tures
Election of National Assembly
1. 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.
2. The 400 seats in the National Assembly referred to in section 40 (1), shall be filled as follows:
(a) 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:
Western Cape -21 seats
Eastern Cape -26 seats
Northern Cape -4 seats
Natal -40 seats
Orange Free State -15 seats
North-West -17 seats
Northern Transvaal -20 seats
Eastern Transvaal -14 seats
Pretoria-Witwatersrand-Vereeniging -43 seats; and
(b) 200 seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.
3. 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.
4. A party's lists of candidates shall consist of-
(a) both a national list and a list for each region; or
(b) a list for each region,
with such number of names on each list as the party may determine subject to item 3.
5. The 200 seats referred to in item 2 (a) shall be allocated per region to the parties contesting an election, as follows:
(a) 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).
(b) The result plus one, disregarding fractions, shall be the quota of votes per seat in respect of a particular region.
(c) 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.
(d) 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.
(e) 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.
(f) 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).
(g) 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.
6. The 200 seats referred to in item 2 (b) shall be allocated to parties contesting an election, as follows:
(a) A quota of votes per seat shall be determined by dividing the total number of votes cast nationally by 401, and the result plus one, disregarding fractions, shall be the quota of votes per seat.
(b) 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 nationally in favour of such party by the quota of votes per seat determined in terms of paragraph (a).
(c) 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, 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, up to a maximum of five seats so awarded: Provided that subsequent awards of seats still remaining unawarded shall be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (b) and this paragraph.
(d) The aggregate of a party's awards in terms of paragraphs (b) and (c) shall be reduced by the number of seats provisionally allocated to it in terms of item 5 (f) and the result shall indicate that party's provisional allocation of the seats referred to in item 2 (b).
(e) If no recalculation of provisional allocations is required in terms of item 7 in respect of the seats referred to in item 2 (b), the provisional allocation of such seats 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 7, shall become the final allocation of such seats to the various parties.
7. (1) If a party has submitted a national or a regional list containing fewer names than the number of its provisional allocation of seats which would have been filled from such list in terms of item 8 or 9 had such provisional allocation been the final allocation, 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) affecting the provisional allocation of seats in respect of any particular region in terms of item 5 (e), such allocation shall be recalculated as follows:
(a) The party forfeiting seats shall be disregarded in such recalculation, and its provisional allocation of seats in terms of item 5 (e) for the region in question, minus the number of seats forfeited by it in respect of its list for such region, shall become its final allocation in respect of the seats reserved for such region in terms of item 2 (a).
(b) An amended quota of votes per seat shall be determined in respect of such region by dividing the total number of votes cast in the region, minus the number of votes cast in such region in favour of the party referred to in paragraph (a), by the number of seats, plus one, reserved for such region under item 2 (a), minus the number of seats finally allocated to the said party in terms of paragraph (a).
(c) The result plus one, disregarding fractions, shall be the amended quota of votes per seat in respect of such region for purposes of the said recalculation.
(d) The number of seats to be awarded for the purposes of paragraph (f) in respect of such region 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 region by the amended quota of votes per seat indicated by paragraph (c) for such region.
(e) 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 in respect of the said region, and any seat or seats in respect of such region not awarded in terms of paragraph (d), shall be awarded to the party or parties concerned in sequence of the highest surplus.
(f) The aggregate of a party's awards in terms of paragraphs (d) and (e) in respect of such region shall, subject to subitem (4), indicate that party's final allocation of the seats reserved under item 2 (a) for that region.
(3) In the event of any forfeiture of seats in terms of subitem (1) affecting the provisional allocation of seats in terms of item 6 (d), such allocation shall be recalculated as follows:
(a) The party forfeiting seats shall be disregarded in such recalculation, and its provisional allocation of seats in terms of item 6 (d), minus the number of such seats forfeited by it, shall become its final allocation of the seats referred to in item 2 (b).
(b) An amended quota of votes per seat shall be determined by dividing the total number of votes cast nationally, minus the number of votes cast nationally in favour of the party referred to in paragraph (a), by 401, minus the number of seats finally allocated to the said party in terms of paragraph (a).
(c) The result plus one, disregarding fractions, shall be the amended quota of votes per seat for the purposes of the said recalculation.
(d) The number of seats to be awarded for the purposes of paragraph (f) to a party participating in the recalculation shall, subject to paragraph (e), be determined by dividing the total number of votes cast nationally in favour of such party by the amended quota of votes per seat indicated by paragraph (c).
(e) 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 not awarded in terms of paragraph (d), shall be awarded to the party or parties concerned in sequence of the highest surplus, up to a maximum of five seats so awarded: Provided that subsequent awards of seats still remaining unawarded shall be made in sequence to those parties having the highest average number of votes per seat already awarded in terms of paragraph (d) and this paragraph.
(f) The aggregate of such a party's awards in terms of paragraphs (d) and (e) shall be reduced by the number of seats finally allocated to it in terms of item 5 (g), and the result shall, subject to subitem (4), indicate that party's final allocation of the seats referred to in item 2 (b).
(4) 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 procedure provided for in this item shall mutatis mutandis be repeated until all seats have been allocated.
8. (1) Where a party submitted both a national list and regional lists, the seats finally allocated to it-
(a) in terms of item 5 (g), shall be filled from its regional lists in accordance with its final allocation of seats in respect of the various regions; and
(b) in terms of item 6 (e), shall be filled from its national list in accordance with its final allocation of seats in terms of that item.
(2) A seat finally allocated to a party in respect of a region, shall, for the purposes of subitem (1) (a), be filled only from such party's list for that particular region.
9. (1) Where a party submitted regional lists only, the seats finally allocated to it-
(a) in terms of item 5 (g), shall be filled from such lists in accordance with its final allocation of seats in respect of the various regions; and
(b) in terms of item 6 (e), shall be filled from the said lists in the same proportions as the proportions in which the seats referred to in paragraph (a) are to be filled in respect of the various regions for which the party was finally allocated seats in terms of item 5 (g): Provided that if a party was not allocated any seats in terms of item 5 (g), the seats allocated to it in terms of item 6 (e) shall be filled from its regional lists in proportion to the number of votes received by that party in each of the regions: Provided further that surplus fractions shall be disregarded save that any remaining seats shall be awarded to regions in sequence of the highest surplus fractions.
(2) A seat finally allocated to a party in respect of a region, shall, for the purposes of subitem (1) (a), be filled only from such party's list for that particular region.
Election of provincial legislatures
10. The Commission shall determine the number of seats in each provincial legislature, taking into account available scientifi cally based data in respect of voters, representations by interested parties and the following proposed determination:
Western Cape -42 seats
Eastern Cape -52 seats
Northern Cape -30 seats
Natal -80 seats
Orange Free State -30 seats
North-West -34 seats
Northern Transvaal -40 seats
Eastern Transvaal -30 seats
Pretoria-Witwatersrand-Vereeniging -86 seats
Provided that the Commission may for the purposes of any provincial election after the first election under this Constitu tion vary any determination under this item.
11. Parties registered in terms of the Electoral Act, 1993, and contesting an election of a provincial legislature, shall nominate candidates for election to such provincial legislature on provincial lists prepared in accordance with this Schedule and the Electoral Act, 1993.
12. 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.
13. The seats determined for a provincial legislature shall be allocated to parties contesting an election, as follows-
(a) 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.
(b) 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).
(c) 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.
(d) 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.
(e) 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.
14. (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:
(a) 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.
(b) 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).
(c) 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.
(d) The number of seats to be awarded for the purposes of paragraph (f) in respect of such province to a party participat ing 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.
(e) 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.
(f) 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.
Declaration of support by one party of another party
15. (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 theelection 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.
Designation of representatives
16. (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.
Supplementation of lists of candidates
17. 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.
18 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) 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;
(b) a representative is elected as a member of the Senate;
(c) a name is deleted from a list in terms of item 16 (2); or
(d) a vacancy has occurred and the appropriate list of candidates of the party concerned is depleted.
19. 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.
20. 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.
Review of lists of candidates by a party
21. 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:
(a) all vacancies may be supplemented;
(b) no more than 25 per cent of candidates may be replaced; and
(c) the fixed order of lists may be changed.
Publication of supplemented and reviewed lists of candidates
22. 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.
Vacancies
23. (1) In the event of a vacancy occurring in the representa tion 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.
Alteration of numbers and boundaries of provinces
24. 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.
Definitions
25. In this Schedule-
`Commission' means the Independent Electoral Commission, established by the Independent Electoral Commission Act, 1993 (Act 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.
Application of Schedule with reference to section 124
26. 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.
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