Legislative proposal by Mr Ken Andrew (DA)


ELECTORAL SYSTEMS BILL

 

To regulate the composition of the National Assembly and provincial legislatures; to provide for transitional arrangements, and to provide for matters connected therewith.

PREAMBLE

WHEREAS items 6(3)(a) and 11(1)(a) of Schedule 6 of the Constitution of the Republic of South Africa provide that Schedule 2 of the Interim Constitution as amended applies only to the first elections of the National Assembly and the provincial legislatures under the Constitution;

AND WHEREAS national legislation must provide for an electoral system for elections to be held in terms of the Constitution;

NOW THEREFORE BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

 

TABLE OF CONTENTS

1. Definitions

CHAPTER 1

INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT

2. Interpretation of this Act

3. This Act to regulate elections of the National Assembly and provincial

legislatures

4. Administration of this Act.

 

35. Additional grounds for loss of membership

CHAPTER 8

TRANSITIONAL ARRANGEMENTS

36. Suspensions

37. Short Title

 

Definitions

1. In this Act, unless the context otherwise indicates –

"Commission" means the Electoral Commission referred to in section 190 of

the Constitution;

"constituency" means an area determined in terms of sections 7 and 19(a) and

(b) of this Act;

"constituency ballot paper" means a ballot paper for the purpose of the

election of members for a constituency in an election of the National Assembly

or a provincial legislature referred to in sections 10(a) and 18(a);

"constituency list" means a list submitted by a party in respect of the election

of members for a constituency in an election of the National Assembly or a

provincial legislature referred to in sections 10(a) and 18(a);

"Constitution" means the Constitution of the Republic of South Africa, 1996;

"district council area" means the area comprised of a district council, as

defined in the Municipal Structures Act, and which has been demarcated as

such by the Municipal Demarcation Board as a municipality described in section

155(1) of the Constitution as a category C municipality;

 

(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.
    1. A nomination to fill a vacancy shall be submitted to the Speaker in writing.
    2. If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of section 32(a), the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of sections 16.

Additional grounds for loss of membership

35. (1) A person loses membership of a legislature to which this chapter applies if that person ceases to be a member of the party which nominated that person as a member of the legislature, unless provided otherwise in the Constitution or an Act of Parliament.

(2) Despite subsection (1), any existing political party may at any time change its name.

CHAPTER 8

TRANSITIONAL ARRANGEMENTS

Suspensions

36. The provisions of this Act are suspended until after the first election of the National Assembly after the coming into operation of this Act.

 

Short Title

37. This Act shall be called the Electoral Systems Act, 2003.