Schedule 3: Election Procedures (2) If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question. Rules 9. (1) The Chief Justice must make rules prescribing— (a) the procedure for meetings to which this Schedule applies; (b) the duties of any person presiding at a meeting, and of any person assisting the person presiding; (c) the form on which nominations must be submitted; and (d) the manner in which voting is to be conducted. (2) These rules must be made known in the way that the Chief Justice determines. Part B Formula to Determine Party Participation in Provincial Delegations to the National Council of Provinces 1. 2. 3. The number of delegates in a provincial delegation to the National Council of Provinces to which a party is entitled, must be determined by multiplying the number of seats the party holds in the provincial legislature by ten and dividing the result by the number of seats in the legislature plus one. If a calculation in terms of item 1 yields a surplus not absorbed by the delegates allocated to a party in terms of that item, the surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed delegates in the delegation must be allocated to the party or parties in the sequence of the highest surplus. If the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties with the same surplus in the sequence from the highest to the lowest number of votes that have been recorded for those parties during the last election for the provincial legislature concerned. [Item 3 added by s. 2 of the Constitution Fourth Amendment Act of 1999 and substituted by s. 3 of the Constitution Ninth Amendment Act of 2002 and by s. 5(a) of the Constitution Fourteenth Amendment Act of 2008.] 133

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