Loss or Retention of Membership of National and Provincial Legislatures Act

1. Schedule 2 to the Constitution of the Republic of South Africa, 1993, is hereby 5 amended by the substitution for items 23 and 23A of the following items: “Vacancies 23. (1) In the event of a vacancy in a legislature to which this Schedule [nominated] the vacating member represented applies, the party which shall fill the vacancy by nominating a person- ( a ) whose name appears on the list of candidates= (iJ from which [the vacating member was] that party’s members were originally nominated; 0’ (ii) where applicable, submitted by a party in terms of item 23A(8); 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( l), the seats in question shall be allocated to the remaining parties rnuraris murandis as if such seats were forfeited seats in terms of item 7 or 14, as the case may be. 10 15 20 Additional ground for loss of membership of legislature and retention 25 of membership of legislature in event of member joining another party, mergers between parties, subdivision subdivision of parties of parties or merger and 23A. (1) A person who is a member of a legislature to which this Schedule applies and who, other than in accordance with subitem (2), (3) or (4), ceases to be a member of the party which nominated that person as a member of the legislature, ceases to be a member of that legislature. (2) (a) Subject to subitem ( 5 ) , 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 subitem (5)(a)(i) or (ii), ceased to be members of the nominating party, represent not less than 10 per cent of the total number of seats held by the nominating party in that legislature. (b) The seat held by a member referred to in paragraph (a) is regarded as having been allocated to the new party which the member represents. (3) (a) Subject to subitem ( 5 ) , any political party (the original party) 30 35 40 which is represented in a legislature may- (i) merge with another party, whether that party participated in an election 45 or not; or 4 No. 23545 Act No. 22,2002 GAZE7TE. GOVERNMENT 20 JUNE 2002 LOSS OR RETENTION OF MEMBERSHIP OF NATIONAL AND PROVINCIAL LEGISLATURES ACT. 2002 (ii) subdivide into more than one party or subdivide and any one subdivision merge with another party, whether that party participated in an election or not, if original party represent not less than 10 per cent of the total number of seats held by the original party in that legislature. the members of a subdivision leaving the ( b ) If a party merges with another party or subdivides into more than one party or subdivides and merges with another party in terms of paragraph (a). 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 merger contemplated in paragraph (a). or subdivision and (4) During the first 15 days immediately following the date of the commencement of this item- ( a ) a member of a legislature may become a member of another party (the or not, new party), whether the new party participated in an election whilst remaining a member of the legislature concerned and the seat held by that member must be regarded as having been allocated to the new party of which that member has become a member; and ( b ) any political party which is represented in a legislature may- (i) merge with another party, whether that party participated in an election or not; or (ii) subdivide into more than one party or subdivide and any one subdivision merge with participated in an election or not, another party, whether that party whilst the members concerned remain members of that legislature and the seats held by them must be regarded as having been allocated to the or party which they represent pursuant to any merger. subdivision subdivision and merger contemplated in this paragraph. ( 5 ) ( a ) The provisions of subitems ( 2 ) and (3) only apply- (i) 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 (ii) 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: but do not apply during the year ending on 31 December 2002. ( 0 ) For the purpose of paragraph ( a ) “year” means a period of 365 days. to in subitem (4) or in paragraph (a)(i) or (c) During a period referred (ii)- (i) 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 (ii) a party may only once- (an) merge with another party; (bh) subdivide into more than one party; or (cc) subdivide and any one subdivision merge with another party, by informing the Speaker of the legislature thereof in writing and by submitting to the Speaker written confirmation from the other party oi the names of all members involved in the merger or subdivision, anc that the party has accepted the merger; and (iii) no party represented in a legislature may- (aa) suspend or terminate the party membership of a membe~ representing that party in that legislature; or (bb) perform any act whatsoever which may cause such a member tc be disqualified from holding office as such a member. without the written consent of the member concerned. ( d ) For the purposes of subitems ( 2 ) and ( 3 ) , “party” means a party dul) registered as a political party in accordance with applicable law, includini a party so registered during the period referred to in paragraph (a)(i) or (ii) ( e ) A party which has not been registered in terms of any law applicablc to the registration of political parties, will be regarded as a party for thc purposes of subitem (4), but such a party must apply for registration as I 5 10 15 20 25 30 35 10 15 50 55 60 GOVERNMENT GAZE’lTE, 20 JUNE 2002 RETENTION LOSS OR OF MEMBERSHIF’ OF NATIONAL AND PROVINCIAL LEGISLATURES ACT, 2002 No. 23545 5 Act No. 22.2002 party in accordance with applicable law within the period referred to in subitem (4). If the party is not registered accordingly within four months after the expiry of that period, it is regarded as having ceased to exist as contemplated in item 23(3), and 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. (6) After the expiry of a period referred to in subitem (4) or (5)(a)(i) or (ii), the composition of a legislature which has been reconstituted as a result of any conduct in terms of subitem (2), (3) or (4) is maintained until the next election of that legislature or until the composition of the legislature is reconstituted in accordance with subitem (2) or (3). 5 10 (7) The Speaker of a legislature contemplated in subitem ( 6 ) must, within seven days after the expiry of a period referred to in subitem (4) or (5)(a)(i) or (ii), publish a notice in the Gazette which must reflect- ( a ) the number of seats allocated to each party represented in that 15 legislature; and (b) the name of, and party represented by, each member. (8) Within seven days after the expiry of a period referred to in subitem (4) or (5)(a)(i) or (ii), each party represented in a legislature contemplated in subitem (6) must submit a list of its candidates to the Secretary of the legislature. (9) This item and item 23 may be amended by an Act of Parliament passed in accordance with section 76 (1) of the new Constitution. (10) Any existing political party may at any time change its name.”. Amendment of section 2 of Act 69 of 1998

2. Section 2 of the Determination of Delegates (National Council of Provinces) Act, following amended by the substitution for subsection (4) of the 1998, is hereby subsection: “(4) (a) If the total number of special delegates determined in terms of subsection (3) in respect of a particular provincial legislature is less than four, the delegates of the parties that are entitled to only one delegate in the delegation of that province must, despite subsection (l), become special delegates in the sequence from the lowest to the highest number of votes, including combined votes in the case of a merged party as contemplated in section 61(2)(b) of the Constitution, that have been recorded for those parties during the last election of that provincial legislature, until four special delegates have been allocated to parties in the provincial delegation: Provided that if any of the parties that are entitled to only one delegate in the delegation of that province- (i) came into existence on account of changes of party membership or legislature as contemplated in subdivision of parties within that section 61(2)(b) of the Constitution; and (ii) did not participate in the last election of that provincial legislature, the legislature must, in a manner which is consistent with democracy, elect so many delegates from the delegates of those parties to become special delegates as may be necessary to allocate four special delegates to parties in the provincial delegation. including combined votes ( b ) If the total number of special delegates determined in terms of subsection (3) in respect of a particular provincial legislature is more than four, those special delegates must, despite subsections (2) and (3), become permanent delegates in the sequence from the highest to the lowest number of votes, in the case of a merged party as contemplated in section 61(2)(b) of the Constitution, that have been recorded for the parties concerned during the last election of that provincial legislature, until four special delegates have been allocated to parties in the provincial delegation: Provided that if any of those parties- (i) came into existence on account of changes of party membership or subdivision of parties within that legislature as contemplated in section 6 1 (2)(b) of the Constitution; and 20 25 30 35 40 45 50 55 (ii) did not participate in the last election of that provincial legislature, 60 6 No. 23545 Act No. 22,2002 GOVERNMENT GAZElTE, 20 JUNE 2002 LOSS OR RETENTION OF MEMBERSHIP OF NATIONAL AND PROVINCIAL LEGISLATURES ACT, 2002 that legislature must, despite subsections (2) and (3) and in a manner which is consistent with democracy, elect so many special delegates of those parties to become permanent delegates as may be required to allocate four special delegates to parties in the provincial delegation.”. Short title 5

3. This Act is called the Loss or Retention of Membership of National and Provincial Legislatures Act, 2002.