enacted by the Parliament of South Africa

“ Section 106 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection:
“ (3) A person loses membership of a provincial legislature if that person—
(a)
ceases to be eligible; [or] (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.”. ”

“ Vacancies
23. (1) In the event of a vacancy in a legislature to which this Schedule applies, the party which [nominated] the vacating member represented shall fill the vacancy by nominating a person—
(a)
whose name appears on the list of candidates—
(i)
from which [the vacating member was] that party's members were originally nominated; or (ii)
where applicable, submitted by a party in terms of item 5 (2) of Schedule 6A to the new Constitution; and (b)
who is the next qualified and available person on the list. ”

“ The provisions of item 4 (3) and (4) and item 5 are also applicable in respect of subitem (1) , and any reference therein to a period referred to in item 4 (1) (a) or (b) must be construed as a reference to the period referred to in subitem (1) .”. ”