Constitution of the Republic of South Africa, 1993/Schedule 5

by drafted by the Multiparty Negotiating Forum and enacted by the Parliament of South Africa

Schedule 5

Procedure for Election of President

1. Nominations of candidates for election as President shall be called for by the Chief Justice or the other judge presiding at the meeting at which the President is to be elected.

2. Every nomination shall be submitted on the form prescribed by the Chief Justice and shall be signed by two members of Parliament and also by the person nominated, unless the person nominated has in writing signified his or her willingness to accept the nomination.

3. The names of the persons duly nominated as provided for in item 2 shall be announced at the meeting at which the election is to take place by the person presiding thereat, and no debate shall be allowed at the election.

4. If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

5. Where more than one candidate is nominated, a vote shall be taken by secret ballot, each person present and entitled to vote having one vote, and any candidate in whose favour the majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

6. (a) If no candidate obtains a majority of all the votes so cast, the candidate who has received the smallest number of votes shall be eliminated and a further ballot shall be taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.

(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the meeting shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purpose of paragraph (a) be eliminated.

7. Whenever—

(a)

only two candidates have been nominated; or

(b)

after the elimination of one or more candidates in accordance with this Schedule, only two candidates remain,

and there is an equality of votes between those two candidates, the person presiding at the meeting shall at the time the result of the election is announced, fix the time at and date on which a further meeting will be held, being a date not more than seven days thereafter.

8. At the further meeting referred to in item 7, the provisions of this Schedule shall apply as if such further meeting were the first meeting called for the purpose of the election in question.

9. (1) The Chief Justice shall make rules in regard to the procedure to be observed at a meeting at which the President is to be elected, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.

(2) Any such rules shall be made known in such manner as the Chief Justice may consider necessary.