ZESN Report on the 31 July 2013 Harmonised Elections system of proportional representation for the election of the seats reserved for women.12 The introduction of the quota system is meant to enhance the representation of women at the legislative level as a means of redressing the gender imbalance and inequality created through historical and patriarchal suppression of women. The new Constitution changes the electoral system for the election of Senators from the previous system where these were elected directly by the voters. The new system uses the system of proportional representation based on the votes cast for the National Assembly elections. In particular, six senators in each province are elected based on the proportion of seats that each party will have won in the National Assembly election in that province. The six senatorial seats are allocated per province for all 10 provinces as provided for under section 45C (3) of the Electoral Act. In terms of section 120 (2) (b) of the new Constitution the party-list that will be submitted for the senatorial seats must take the “zebra format”, interchanging female and male candidates, beginning with a female. That way any party will inevitably have at least 50 per cent female representation for these seats. Consistent with the spirit of the Constitution to promote gender equity, the Electoral Act reflects this in section 45E (2) (f). The new Constitution also introduces, for the first time, an electoral system that specifically reserves two seats for representatives to be elected into the Senate representing people with disabilities.13 These two senators are nominated and are elected by an electoral college on a specified day, different from the actual Election Day. This is commendable as it ensures that specific and peculiar issues of vulnerable groups, such as people living with disability, are given prominence in the legislative chambers. Further, new features introduced by the new Constitution relate to the provincial and metropolitan councils14. These are constituted from the 10 provinces of the country. Section 268 (3) of the new Constitution provides that a party list must be submitted alternating male and female candidates with a female name at the top. This guarantees enough representation of female candidates in the councils. Overall these new provisions ensure representation of different groups, such as women and the disabled, people living with disabilities whilst maintaining the accountability of directly elected 12 In terms of Section 124(1)(b) of the new Constitution 60 seats are reserved for women in the National Assembly for the life of the first two parliaments after the new Constitution has come into effect. There will be six seats, reserved for women in each of the 10 provinces of the country that will be filled via a party-list system. The number of votes a political party gets from the National Assembly votes in each province will determine the number of seats a party will get in that province. 13 Section 120 (1)(d) of the new Constitution . 14 See Section 157(1)(f), section 268 and Section 269 of the new Constitution. 19 | P a g e