MADLANGA J
association consonant with these other provisions? If I am to answer the latter question
in the affirmative, I must be satisfied that these provisions do not stand in the way of
that answer. I next deal with the provisions.
Schedule 6
For present purposes, it is items 6(3)(a) and 11(1)(a) of Schedule 6 to the
Constitution that we need look at. Schedule 6 is headed “Transitional Arrangements”.
And the wording of that heading is significant. Item 6(3)(a) provides that despite the
repeal of the interim Constitution,86 “Schedule 2 to that Constitution, as amended by
Annexure A to [Schedule 6], applies . . . to the first election of the National Assembly
under the [final] Constitution”. (Emphasis added.) Item 11(1)(a) is worded similarly,
the only difference being reference to “first election of a provincial legislature” instead
of “first election of the National Assembly”. In terms of item 1 of Schedule 2 to the
interim Constitution, registered political parties nominated candidates for election to the
National Assembly.87 The provincial equivalent was item 11. It too provided that
political parties nominated candidates for Provincial Legislatures. That meant no
independent candidates could stand for election to these institutions. The system was
exclusively based on party lists that contained the names of nominated candidates.88
With the apparent object of ensuring broad based representation, the Schedule
insisted that half the number of members of the National Assembly be drawn from
To avoid any possible confusion, where “Constitution” is not qualified, that refers to the final or current
Constitution. The earlier Constitution is qualified by “interim”.
86
87
This item reads:
“Parties registered in terms of the Electoral Act, 1993, and contesting an election of the National
Assembly, shall nominate candidates for such election on lists of candidates prepared in
accordance with this Schedule and the Electoral Act, 1993.”
See, for example, the reference to (a) “[p]arties . . . shall nominate candidates for such election on lists of
candidates” in item 1 and (b) “lists submitted by the respective parties” in item 2(a) and (b); and the reference to
88
“provincial lists” in item 11 which – when cross-referenced to item 12 – is a provincial party list.
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