Determination of Delegates National Council of Provinces Act

7 October 1998 No. 1250. 7 Oktober 1998 It is hereby notified that the President has assented to the fo[lowing A c t w h i c h i s hereby published for general information:— Hierby word bekend gemaak dat die President sy goed- keuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:— No. 69 of 1998: Determination of Delegates (National Coun- No. 69 van 1998: Wet op die Bepaling van Afgevaardigdes cil of Provinces) Act, 1998. (Nasionale Raad van Provinsies), 1998. ~ No. 19325 Act No. 69, 1998 GOVERNMENT GAZEnE, 7 OCTOBER 1998 DETERMINATION OF DELEGATES (NATION.AL COUNCIL OF PROVINCES) ACT. 1998 . . . . . . , ,, . To provide for the determination of permanent and special delegates to the National Council of Provinces as contem-plated in section 61(2) of the Constitution; and to provide for matters connected therewith. ACT -.. : -; ‘ . . ---- (Etzglish ~ext .sigtled by the Presidetxt. ) (Assert ted to 28 Septellzber 1998. ) B E IT Eh’ACTED by the Parliament of the Republic of South Africa. as follou’s:— Definitions

1. In this Act. unless the context othervise indicates— (i) (ii) (iii) ‘delegate’. means any delega[e in the delegation of a province referred to in 5 section 60( 1 ) of the Constitution; (i) .’pertnanent delegate’. means a permanent delegate referred to in section 60(2)(b) of the Constitution: (v) “province.. means an! province referred to in section 103( 1 ) of the Constitution: (iii) 10 (iv) provincial legislature.. means an! pro} ’incial legislature contemplated in (1’) section 104 of the Constitution: (ii) “special delegate’- means a special delegate referred to in section 60(2)((/) of the Constitution. (i\) Determination of permanent and special delegates 2. ( 1 I Every party represented in a provincial legislature which in terms of section 61( 1 ) of tbe Constitution is entitled to delegates in the delegation of the particular province. must have at least one permanent delegate. (2) The number of pemanent delegates of a party which is entitled to more than one delegate. is determined b! multiplying the total number of delegates to which such a 20 party is entitled by six and dividing the result by ten. disregarding an! fraction of a number. (3) The remaining number of the total number of delegates to which a party contemplated in subsection (2) is entitled. are the special delegates of that party: Provided that if the number of special delegates so determined is more than the number 2S of permanent delegates of that part}. the number of the special delegates must be reduced in favour of the number of permanent delegates so that the number of special delegates is equal to or less than the number of permanent delegates of that party. (4) (a) If the total number of special delegates determined in terms of subsection (~) in respect of a particular provincial legislature is less than four. the delegates of the 30 parties that are entitled to only one delegate in the delegation of the particular province must. despite subsection ( 1 ). become special delega~es in the sequence from the lowest to the highest number of votes that have been recorded for those parties during the last election of the provincial legislature concerned. until four special delegates have been allocated to parties in the provincial delegation concerned. 35 (/?) If the total number of special delegates determined in terms of subsection (3) in respect of a particular provincial legislature is more than four. the special delegates so determined must. despite subsections (2) and (3). become permanent delegates in the sequence from the highest to the lowest number of votes that have been recorded for the parties concerned during the last election of the provincial legislature concerned. until 40 4 No. 19325 Act No. 69, 1998 GOVERNMENT GAZEmE. 7 OCTOBER 1998 DETERMINATION OF DELEGATES (NATIONAL COUNCIL OF PROVINCES) ACT, 1998 six permanent delegates have been allocated to parties in the provincial delegation concerned. Short title

3. This Act is called the Determination of Delegates (National Council of Provinces) Act, 1998. 5