Constitution of the Western Cape, 1997/Schedule 2

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Constitution of the Western Cape, 1997
enacted by the Western Cape Provincial Parliament
Schedule 2: Election Procedures
Schedule 2
Election Procedures


Application

1. The procedures set out in this Schedule apply whenever the Provincial Parliament meets to elect the Premier of the Western Cape or the Speaker (or Deputy Speaker) of the Provincial Parliament.

Nomination

2. The person presiding at a meeting to which this Schedule applies must call for the nomination of candidates at the meeting.


Formal requirements

3.

(1) A nomination must be made on the form prescribed by the rules mentioned in item 9.

(2) The form on which a nomination is made must be signed by two members of the Provincial Parliament, if the Premier of the Province or the Speaker (or Deputy Speaker) of the Provincial Parliament is to be elected.

(3) A person who is nominated must indicate acceptance of the nomination by signing the nomination form or any other form of written confirmation.


Announcement of names of candidates

4. At a meeting to which this Schedule applies, the person presiding must announce the names of the persons who have been nominated as candidates, but may not permit any debate.


Single candidate

5. If only one candidate is nominated, the person presiding must declare the candidate elected.


Election procedure

6. If more than one candidate is nominated—

(a) a vote must be taken at the meeting by secret ballot;

(b) each member present at the meeting may cast one vote; and

(c) the person presiding must declare elected the candidate who receives a majority of the votes.


Elimination procedure

7.

(1) If no candidate received a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. This procedure must be repeated until a candidate receives a majority of the votes.

(2) When applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidates are to be eliminated.


Further meetings

8.

(1) If only two candidates are nominated, or if only two candidates remain after an elimination has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days, at a time determined by the person presiding.

(2) If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question.


Rules

9. The rules applicable to the above election procedure are the rules made by the President of the Constitutional Court in terms of the national Constitution.