Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/137

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Government Gazette, 18 December 1996
No. 17678 135

Constitution of the Republic of South Africa, 1996 Act No. 108, 1996
Schedule 6—Transitional Arrangements

representatives of each party in the 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 for both the National Assembly and a provincial legislature (if an election of the Assembly and a provincial legislature is held at the same time), 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 declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate will 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 the legislature or legislatures.”.

10.

The amendment of item 18 by replacing paragraph (b) with the following paragraph:

“(b)

a representative is appointed as a permanent delegate to the National Council of Provinces;”.

11.

The replacement of item 19 with the following item:

“19.

Lists of candidates of a party referred to in item 16(1) 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.”

12.

The replacement of item 23 with 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 shall fill the vacancy by nominating a person —

(a)

whose name appears on the list of candidates from which the vacating member was originally nominated; and

(b)

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), 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.”.