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. 30

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents