MADLANGA J Sections 46(1)(d) and 105(1)(d) Sections 46(1)(d) and 105(1)(d) respectively provide that the National Assembly and Provincial Legislatures consist of women and men elected in terms of an electoral system that “results, in general, in proportional representation”. The respondents argued that this refers to an exclusive party proportional representation system. OUTA argued, correctly in my view, that proportionality does not equal exclusive party proportional representation. The idea of proportional representation is not inconsonant with independent candidate representation. These sections make no reference to party proportional representation, let alone exclusive party proportional representation. The focus of the sections is on the “result”: whoever the participants may be, the system must be one that “results, in general, in proportional representation”. OUTA further argued that proportionality may come in different forms. And it may even find application in a combination of party representation and independents. I do not see why that cannot be so. Indeed, it is quite plain from the provisions of section 157(3) of the Constitution that proportional representation is quite possible where there is a combination of representation through party lists and representation by individuals who need not be attached to political parties. Here is why I say so. In respect of the election of members of a Municipal Council, section 157(2) empowers Parliament to pass legislation that prescribes a system: where members are exclusively elected through party lists (section 157(2)(a)); or where membership is drawn from a combination of party lists and ward representation (section 157(2)(b)). Read in the context of section 157(2)(a), which is specific on exclusive party representation, ward representation under section 157(2)(b) certainly does admit of independent candidate representation. That is so because in respect of ward representation the section is silent on party participation. It matters not that in ward representation some – even most – individual candidates may, in fact, be sponsored by political parties. Section 157(3) then requires that an electoral system under section 157(2) (meaning either exclusively party based or comprising a combination of party lists and ward representation) “must result, in general, in proportional representation”. This is 36