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138 No. 17678
Government Gazette, 18 December 1996
| Act No. 108, 1996 | Constitution of the Republic of South Africa, 1996 |
Schedule 6—Transitional Arrangements
be filled by the party which designated that Deputy President.
(8)
A party holding at least 20 seats in the National Assembly and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the Cabinet portfolios in respect of which Ministers referred to in subsection (1)(a) are to be appointed, in proportion to the number of seats held by it in the National Assembly relative to the number of seats held by the other participating parties.(9)
Cabinet portfolios must be allocated to the respective participating parties in accordance with the following formula:(a)
A quota of seats per portfolio must be determined by dividing the total number of seats in the National Assembly held jointly by the participating parties by the number of portfolios in respect of which Ministers referred to in subsection (1)(a) are to be appointed, plus one.(b)
The result, disregarding third and subsequent decimals, if any, is the quota of seats per portfolio.(c)
The number of portfolios to be allocated to a participating party is determined by dividing the total number of seats held by that party in the National Assembly by the quota referred to in paragraph (b).(d)
The result, subject to paragraph (e), indicates the number of portfolios to be allocated to that party.(e)
Where the application of the above formula yields a surplus not absorbed by the number of portfolios allocated to a party, the surplus competes with other similar surpluses accruing to another party or parties, and any portfolio or portfolios which remain unallocated must be allocated to the party or parties concerned in sequence of the highest surplus.(10)
The President after consultation with the Executive Deputy Presidents and the leaders of the participating parties must —(a)
determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (9);(b)
appoint in respect of each such portfolio a member of the National Assembly who is a member of the party to which that portfolio was allocated under paragraph (a), as the Minister responsible for that portfolio;(c)
if it becomes necessary for the purposes of the Constitution or in the interest of good government, vary any determination under paragraph (a), subject to subsection (9);(d)
terminate any appointment under paragraph (b) —