Constitution of the Republic of South Africa Second Amendment Act

1. Section 61 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for subsection (2) of the following subsection: GOVERNMENT GAZElTE, 20 JUNE 2002 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 2002 No. 23544 3 Act No. 21,2002 “(2) (a) A provincial legislature must, within 30 days after the result of an legislature is declared [the legislature election of [a provincial] must]- [(a)] determine, in accordance with national legislation, how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and [(b)](ii) appoint the permanent delegates in accordance with the nomina- tions of the parties. (b) If the composition of a provincial legislature is changed on account of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within that legislature, it must within 30 days after such change- (i) determine, in accordance with the national legislation referred to in paragraph (a), how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and (ii) appoint the permanent delegates in accordance with the nominations of the parties.”. Amendment of section 62 of Act 108 of 1996

2. Section 62 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for subsection (3) of the following subsection: “ ( 3 ) Permanent delegates are appointed for a term that expires= (a) immediately before the first sitting of a provincial legislature after its next election; or (6) on the day befbre the appointment of permanent delegates in accordance with section 61(2)(b)(ii) takes effect.”. Amendment of Schedule 3 to Act 108 of 1996, as amended by section 2 of Act 3 of 1999 and section 19 of Act 34 of 2001

3. Schedule 3 to the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for item 3 of Part B of the following item: 5 10 15 20 25 “ 3 . If the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties, including any merged party as contemplated in section 61(2)(b), with the same surplus in sequence of votes recorded, starting with the party or merged party which recorded the highest number of votes, including combined votes in the case of a merged party, during the last election for the provincial legislature concerned, but if any of the parties with the same surplus- (a) came into existence on account of changes of party membership or subdivision of parties within that legislature as contemplated in section 61(2)(b); and 30 35 (b) did not participate in the last election for the provincial legislature 40 concerned, the legislature must allocate the undistributed delegates in the delegation to the party or parties with the same surplus in a manner which is consistent with democracy.”. Short title 45

4. This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 2002.