MADLANGA J the clearest possible statement that dispels the notion that proportional representation is consonant only with representation through political parties. So, the reference in sections 46(1)(d) and 105(1)(d) to “results, in general, in proportional representation” does not assist the interpretation advanced by the respondents. Sections 57(2), 178(1)(h), 193(5) and 236 Although the Speaker claimed not to oppose the merits of the constitutional challenge, in her affidavit she advanced arguments whose tenor suggested that the applicants’ interpretation was untenable. She submitted that certain provisions of the Constitution “confirm that a system based on proportional representation [presumably party proportional representation], was, and remains, constitutionally mandated”. In this regard, she called in aid the sections relied upon by the Minister and Electoral Commission. In addition, she relied on sections 57(2) and 236 of the Constitution. Section 57(2) provides that the rules and orders of the National Assembly must make provision for: the participation of minority parties in committees of the National Assembly;99 the financial and administrative assistance of all parties represented in the National Assembly; and the recognition of the leader of the largest opposition party in the National Assembly as the Leader of the Opposition. Section 236 stipulates that, in order to enhance multi-party democracy, national legislation must provide for the funding of political parties participating in the National Assembly and Provincial Legislatures. The substance of the Speaker’s submissions is that if the participation of independents in these institutions was envisaged, the Constitution would have required that there be provision for: their participation in the institutions’ committees; and their financial and administrative assistance. She adds that section 236 would have required that the envisaged national legislation cater for them as well. 99 Section 116(2)(b), which applies to Provincial Legislatures, is to similar effect. Obviously, instead of referring to the “National Assembly”, it refers to a Provincial Legislature. 37