MADLANGA J
regional lists89 and the other half from national lists, or from regional lists where
national lists were not submitted.90 At both national and provincial levels, the Schedule
stipulated a detailed and intricate proportional representation system on the allocation
of seats.91
Despite the repeal of the interim Constitution by section 242 of the Constitution,
the effect of items 6(3)(a) and 11(1)(a) of the Constitution was to import the electoral
system created by Schedule 2 to the interim Constitution into the Constitution. This
was subject to amendments to that Schedule contained in Annexure A to Schedule 6 to
the Constitution. Regardless of the substance of the changes to Schedule 2 to the interim
Constitution, Annexure A to Schedule 6 retained nomination through party lists and the
party proportional representation system. Still there was no room for independent
candidates at both national and provincial level. But then items 6(3)(a) and 11(1)(a) of
Schedule 6 to the Constitution say, in so many words, that that imported electoral
system was to apply to the first National Assembly and Provincial Legislature elections
under the Constitution. Logically, that terminal point applied equally to Annexure A to
Schedule 6 insofar as that Annexure gave content to the electoral system envisaged in
items 6(3)(a) and 11(1)(a); the party proportional representation system provided for in
Annexure A had no independent existence outside of these items. In UDM I this Court
held that “Annexure A is a transitional provision which has no life beyond the
transitional period that it regulates”.92
89
Item 2(a) of Schedule 2 to the interim Constitution.
90
Item 2(b) of Schedule 2 to the interim Constitution.
91
Items 5 and 6, in the case of the National Assembly, and items 13 and 14, in the case of Provincial Legislatures.
The upshot was that “[s]eats were allocated to the various parties proportional to the votes cast. Those seats were
filled by representatives on the party lists, seats being allocated in accordance with the order in which the party’s
candidates were named on the list.” (UDM I above n 21 at para 37).
92
UDM I above n 21 at para 88.
31
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