Page:Constitution of the Republic of South Africa Amendment Act 2003 from Government Gazette.djvu/4

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Act No. 2, 2003

Constitution of the Republic of South Africa Amendment Act, 2003

Definition

1. In this Schedule ‘legislature’ means the National Assembly or any provincial legislature.

Retention of membership of legislature in event of change of party membership

2. (1) Subject to item 4, a member of a legislature who becomes a member of a party (the new party) other than the party which nominated that person as a member (the nominating party), whether the new party participated in an election or not, remains a member of that legislature if that member, whether by himself or herself or together with one or more other members who, during a period referred to in item 4 (1) (a) or (b), ceased to be members of the nominating party, represents not less than 10 per cent of the total number of seats held by the nominating party in that legislature.

(2) The seat held by a member referred to in subitem (1) is regarded as having been allocated to the new party which the member represents.

Retention of membership of legislature in event of mergers, subdivision and subdivision and merger of parties

3. (1) Subject to item 4, any party (the original party) which represented in a legislature may—

(a)

merge with another party, whether that party participated in an election or not; or

(b)

subdivide into more than one party or subdivide and any subdivision may merge with another party, whether that party participated in an election or not, if the members of a subdivision leaving the original party represent not less than 10 per cent of the total number of seats held by the original party in that legislature.

(2) If a party merges with another party or subdivides into more than one party or subdivides and any subdivision merges with another party in terms of subitem (1), the members concerned remain members of that legislature and the seats held by them are regarded as having been allocated to the party which they represent pursuant to any merger, subdivision or subdivision and merger contemplated in subitem (1).

Period of application of items 2 and 3 and further requirements

4. (1) The provisions of items 2 and 3 only apply—

(a)

for a period of 15 days from the first to the fifteenth day of September in the second year following the date of an election of the legislature; and

(b)

for a period of 15 days from the first to the fifteenth day of September in the fourth year following the date of an election of the legislature.

(2) For the purpose of subitem (1) “year” means a period of 365 days.

(3) During each period referred to in subitem (1) (a) and (b)—

(a)

a member of a legislature may only once change membership of a party, by informing the Speaker of the legislature thereof in writing and by submitting to the Speaker written confirmation from such other party that he or she has been accepted as a member of that party; and

(b)

a party may only once—

(i)

merge with another party;

(ii)

subdivide into more than one party; or

(iii)

subdivide and any subdivision may merge with another party,