Electoral Act, 1998 (Act No. 73 of 1998)

Schedules

Schedule 3 : Composition of National Assembly and Provincial Legislatures
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(Section 114)

 

1.Formula for determining number of members of National Assembly

 

(1) By  taking  into  account available scientifically based data and representations by interested parties, the number of seats of the National Assembly must be determined by awarding one seat for every 100 000 of the population with a minimum of 350 and a maximum of 400 seats.

 

(2) If the total number of seats for all provincial legislatures determined in terms of item 2 exceeds 400, the number of seats for the National Assembly may not be less than 400.

 

2.Formula for determining number of members of  provincial  legislatures

 

By  taking  into  account available scientifically based data and representations by interested parties,  the number of seats of a provincial legislature must be determined by awarding one seat for every 100 000 of the population whose ordinary place of residence is within that province, with a minimum of 30 and a maximum of 80 seats.

 

3.Commission responsible for determination of seats

 

(1)The determination of seats contemplated in items 1 and 2 must be completed by the Commission before every election and the Commission must publish such a determination in the prescribed manner.

[Schedule 3 item 3(1) substituted by section 16 of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]

 

(2)The Commission must give notice in the Government Gazette of the time and date on which, and the venue where, the determination is to take place, and must afford interested parties an opportunity to make representations before the determination is made.

 

4.Determination to be published in Government Gazette

 

A determination made in terms of this Schedule must be published in the Government Gazette within 14 days of the determination, and takes effect on the date it is published.