enacted by the Parliament of South Africa

“ If more than one party with the same surplus recorded the same number of votes during the last election for the provincial legislature concerned, the legislature concerned must allocate the undistributed delegates in the delegation to the party or parties with the same surplus in a manner which is consistent with democracy.”. ”

“ A person loses membership of a provincial legislature if that person—
(a)
ceases to be eligible; (b)
is absent from the legislature without permission in circumstances for which the rules and orders of the legislature prescribe loss of membership; or (c)
ceases to be a member of the party that nominated that person as a member of the legislature [, unless that member has become a member of another party in accordance with Schedule 6A] .”. ”

“ Amendment of Schedule 3 to the Constitution of the Republic of South Africa, 1996, as amended by section 2 of the Constitution Fourth Amendment Act of 1999, section 19 of the Constitution Sixth Amendment Act of 2001 and section 3 of the Constitution Ninth Amendment Act of 2002
5. ”