PROVISIONS RELATING TO DELEGATES IN A PROVINCIAL DELEGATION
Section 60 of the Constitution:
The National Council of Provinces is composed of a single delegation from each province consisting often delegates. The ten delegates are four special delegates and six permanent delegates appointed in terms of section 61(2) of the Constitution.
Section 61(1) of the Constitution:
Parties represented in a provincial legislature are entitled to delegates in the province's delegation in accordance with the formula set out in Part B of Schedule 3 to the Constitution.
Part B of Schedule 3 to the Constitution:
Number of seats the party holds in the provincial legislature x 10
number of seats in the legislature + 1
Section 61 (2)(a) of the Constitution:
(a) A provincial legislature must, within 30 days after the result of an election of that legislature is declared—
Section 61(2)(b) of the Constitution:
(b) If the composition of a provincial legislature is changed on account of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within that legislature, it must within 30 days after such change—
(i) determine, in accordance with the national legislation referred to in paragraph (a), how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and
(ii) appoint the permanent delegates in accordance with the nominations of the parties.
Section 2 of the Determination of Delegates (National Council of Provinces) Act, 1998
Subsection (1):
Every party represented in a provincial legislature which in terms of section 61(1) of the Constitution is entitled to delegates in the delegation of the particular province, must have at least one permanent delegate.
Subsection (2):
The number of permanent delegates of a party which is entitled to more than one delegate is determined by
multiplying the total number of delegates to which such a party is entitled by six and dividing the result by ten, disregarding any fraction of a number.
total number of delegates to which such a party is entitled x 6
10
Subsection 3:
The remaining number of the total number of delegates to which a party contemplated in subsection (2) is entitled, are the special delegates of that party: Provided that if the number of special delegates so determined is more than the number of permanent delegates of that party, the number of the special delegates must be reduced in favour of the number of permanent delegates so that the number of special delegates is equal to or less than the number of permanent delegates of that party.
Subsection 4: (Current position)
If the total number of special delegates determined in terms of subsection (3) in respect of a particular provincial legislature—