ELECTORAL ACT ____________________________________________________________________________________ EIGHTH SCHEDULE (Sections 45C(5) and 45I(1)) FORMULAE FOR DETERMINING ELECTIONS OF PARTY-LIST CANDIDATES8 PART I GENERAL DESCRIPTION OF PROPORTIONAL REPRESENTATION FORMULA USED IN PART XI AND EXAMPLES 1. In this Schedule, “participating party” means a political party that has nominated partylist candidates for the Senate, National Assembly or (non-metropolitan) provincial council as the case may be. 2. The provincial elections officer shall, after determining the number of votes which have been cast for each of the candidates of the participating parties in the constituencies within the electoral province— (a) ascertain the total number of votes cast for the participating parties; and (b) allocate in accordance with paragraph (3) to the participating parties, seats in the Senate, National Assembly or provincial council as the case may be. 3. A quota shall be determined by dividing the total number of votes obtained by those participating parties for that electoral province which have not been eliminated in terms of paragraph (2)(b) by the number of seats being contested namely— (a) six in respect of the Senate; (b) six in respect of the National Assembly; (c) ten in respect of a provincial council. 4. The number of seats to be allocated to each participating party shall be determined in two stages as follows— (a) in the first stage, each political party is allocated a seat for each number of votes that constitute the quota; (b) in the second stage, if after the allocation determined in terms of paragraph (a), the number of seats allocated to the participating parties is— (i) less than the number of seats being contested by one seat, allocate that seat to the participating party with the greatest number of unallocated votes; (ii) less than the number of seats being contested by two or more seats, allocate the seats to an equal number of participating parties determined in the order of the party having the greatest number of unallocated votes. PART II NATIONAL ASSEMBLY ELECTIONS (EXAMPLE) 1. A party that has not filed a party-list nomination for election to the National Assembly is not eligible to be allocated seats in the National Assembly. 2. Parties that nominated party-list candidates are referred to below as “participating parties”. In this example, seven parties, A, B, C, D, E, F and G are the parties that nominated party-list candidates for the National Assembly elections. The electoral district has three constituencies namely X, Y and Z. 3. The provincial elections officer must list the participating parties on a table similar to the one in the example below, starting with the party that received the most votes and ending with the party that received the least and showing the votes cast for the participating parties in 8 This heading has been inserted by Veritas. 158