Schedule 1
Procedure in the Local Electoral College for the election of Members of the Provincial House of Traditional Leaders
Part A – General principles
1.Whenever it is necessary to elect Members of or to fill a vacancy in the Provincial House, the responsible Member must, in writing, invite all Senior Traditional Leaders, Inkhosi, Kings or Queens residing in the District concerned, being Members of the Local Electoral College concerned, to a meeting of such Local Electoral College, on a date, time and place specified in such invitation.2.The invitation referred to in item 1 must clearly state the purpose for the said meeting of the Local Electoral College concerned and must also invite Senior Traditional Leaders, Inkhosi, Kings or Queens to submit nominations in respect of the election of Members or the filling of vacancy or vacancies concerned to the responsible Member prior to the commencement of the said meeting, which nominations must be signed by both the nominator and the nominee.3.The invitation referred to in item 1 must also clearly indicate whether any election or vacancy to be filled, must be done from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of the Local House concerned or from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of the Local House concerned.4.The responsible Member must ensure that the invitations referred to in item 1, reach all the Senior Traditional Leaders, Inkhosi, Kings or Queens concerned, not later than 14 days before the date of the meeting of the Local Electoral College, specified in the invitation referred to in item 1.5.At the meeting of the Local Electoral College concerned, the responsible Member must make known the names of all Senior Traditional Leaders, Inkhosi, Kings or Queens duly nominated as contemplated in item 2 above, whilst having due regard to the requirements of section 2 of this Act.Part B – Procedure to be followed at the meeting of a Local Electoral College in respect of the election of or filling of a vacancy in the Provincial House from amongst those Senior Traditional Leaders, Kings or Queens who are Members of a Local House
1.In the event that the number of duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens duly elected in terms of item 2 of Part A is less than the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House, the responsible Member must declare such duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens as duly elected, subsequent to which the procedure set out in item 2 must be followed.2.In the event that the number of Senior Traditional Leaders, Inkhosi, Kings or Queens duly elected in terms of item 1 is less than the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House, the responsible Member must forthwith provide for a reasonable opportunity during the meeting, for further nominations by the Members of the Local Electoral College concerned who are present, to be submitted to the responsible Member in respect of the remaining seats from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House, which nominations must also be in writing and be signed by both the nominator and the nominee, subsequent to which the procedure set out in either item 3 or item 4 must be followed, depending on whether the further nominees are equal to the number of remaining vacancies, or exceed the number of vacancies.3.In the event that the number of duly nominated Senior Traditional Leadens, Inkhosi, Kings or Queens from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House is equal to the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House, the responsible Member must declare such duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens as duly elected.4.In the event that the number of duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House exceeds the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are Members of a Local House, the responsible Member must declare that a secret ballot is to be held during that meeting, in order to elect Senior Traditional Leaders, Inkhosi, Kings or Queens from the nominations so received, in order to fill the vacancies concerned.5.Voting must be by secret ballot on the basis that each Member of the Local Electoral College concerned, has one vote for each vacancy to be filled in the Provincial House from amongst those Senior Traditional Leaders, inkhosi, Kings or Queens who are Members of a Local House: Provided that no more than one vote may be cast in respect of any one nominee per ballot paper.6.The ballot paper must contain, in alphabetical order, the full surname and first names, in that order, of all the nominees in the same print, with a space next to each name to allow for the exercise of choice by means of the making of a mark on the said paper.7.(a)If it cannot be determined by the outcome of the secret ballot who the nominees with the highest number of votes are in relation to the vacancies, the nominee who has received the smallest number of votes must be eliminated as a nominee and a further secret ballot must be taken in respect of the remaining nominees, this procedure being repeated as often as may be necessary until the vacancies concerned, have been filled.(b)For the purpose of paragraph (a), whenever two or more nominees being the lowest on the poll have received the same number of votes, the Local Electoral College concerned must, by separate vote, to be repeated as often as may be necessary, determine which of those nominees must be eliminated as nominees.8.In the event that the Local Electoral College concerned, and after having duly followed the procedure set out in this Schedule, is unable to elect Members or to fill a vacancy or vacancies due to an equality of votes received by the remaining nominees, the responsible Member must, when announcing the result of the election, fix the time at, the date on which and the place where a further meeting of the Local Electoral College concerned will be held, being a date not more than seven days thereafter, in order to elect the Members or to fill the vacancy or vacancies concerned.9.At the further meeting referred to in item 8, the provisions of this Schedule must apply as if such further meeting was the first meeting called for the purpose of the election in question.Part C – Procedure to be followed at the meeting of a Local Electoral College in respect of the filling of a vacancy in the Provincial House from amongst those Senior Traditional Leaders, Kings or Queens who are not Members of a Local House
1.In the event that the number of duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House is less than the number of Members to be elected or vacancies to be filled In the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House, the responsible Member must declare such duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens as duly elected, subsequent to which the procedure set out in item 2 must be followed.2.In the event that the number of Senior Traditional Leaders, Inkhosi, Kings or Queens duly elected in terms of item 1 is less than the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House, the responsible Member must forthwith provide for a reasonable opportunity during the meeting, for further nominations by the Members of the Local Electoral College concerned who are present, to be submitted to the responsible Member in respect of the remaining vacancies from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House, which nominations must also be in writing and be signed by both the nominator and the nominee, subsequent to which the procedure set out in either item 3 or item 4 must be followed, depending on whether the further nominees are equal to the number of remaining vacancies, or exceed the number of such vacancies.3.In the event that the number of duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House is equal to the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House, the Responsible Member must declare such duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens as duly elected.4.In the event that the number of duly nominated Senior Traditional Leaders, inkhosi, Kings or Queens from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House exceeds the number of Members to be elected or vacancies to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House, the responsible Member must declare that a secret ballot is to be held during that meeting, in order to elect Senior Traditional Leaders, Inkhosi, Kings or Queans from the nominations so received, to fill the vacancies concerned.5.Voting must be by secret ballot on the basis that each Member of the Local Electoral College concerned, has one vote for each vacancy to be filled in the Provincial House from amongst those Senior Traditional Leaders, Inkhosi, Kings or Queens who are not Members of a Local House: Provided that no more than one vote may be cast in respect of any one nominee per ballot paper.6.The ballot paper must contain, in alphabetical order, the full surname and first names, in that order, of all the nominees in the same print, with a space next to each name to allow for the exercise of choice by means of the making of a mark on the said paper.7.(a)If it cannot be determined by the outcome of the secret ballot who the nominees with the highest number of votes are in relation to the vacancies, the nominee who has received the smallest number of votes must be eliminated as a nominee and a further secret ballot must be taken in respect of the remaining nominees, this procedure being repeated as often as may be necessary until the vacancy or vacancies concerned, have been filled.(b)For the purpose of paragraph (a), whenever two or more nominees being the lowest on the poll have received the same number of votes, the Local Electoral College concerned must, by separate vote, to be repeated as often as may be necessary, determine which of those nominees must be eliminated as nominees.8.In the event that the Local Electoral College concerned, and after having duly followed the procedure set out in this Schedule, is unable to fill a vacancy or vacancies due to an equality of votes received by the remaining nominees, the responsible Member must, when announcing the result of the election, fix the time at, the date on which and the place where a further meeting of the Local Electoral College concerned will be held, being a date not more than seven days thereafter, in order to fill the vacancy or vacancies concerned.9.At the further meeting referred to in item 8, the provisions of this Schedule must apply as if such further meeting was the first meeting called for the purpose of the election in question.Schedule 2
Procedure in the Local Electoral College for the election of Members of a Local House of Traditional Leaders
1.Whenever it is necessary to elect Members or to fill a vacancy in a Local House, the responsible Member must, in writing, invite all Senior Traditional Leaders, Inkhosi, Kings or Queens residing in the District concerned, being Members of the Local Electoral College concerned, to a meeting of such Local Electoral College, on a date, time and place specified in such invitation.2.The invitation referred to in item 1 must dearly state the purpose for the said meeting of the Local Electoral College concerned and must also invite Senior Traditional Leaders, Inkhosi, Kings or Queens to submit nominations in respect of the election of the Members or the filling of the vacancy or vacancies concerned to the responsible Member prior to the commencement of the said meeting, which nominations must be signed by both the nominator and the nominee.3.The responsible Member must ensure that the invitations referred to in item 1, reach all the Senior Traditional Leaders, Inkhosi, Kings or Queens concerned, not later than 14 days before the data for the meeting of the Local Electoral College concerned, specified in the invitation referred to in item 1.4.At the meeting of the Local Electoral College concerned, the responsible Member must make known the names of all Senior Traditional Leaders, Inkhosi, Kings or Queens duly nominated as contemplated in item 2 above, whilst having due regard to the requirements of section 17 of this Act.5.In the event that the number of Senior Traditional Leaders, Inkhosi, Kings or Queens is less than the number of Members to be elected or vacancies to be filled, the responsible Member must declare such duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens as duly elected, subsequent to which the procedure set out in item 6 must be followed.6.In the event that the number of Senior Traditional Leaders, Inkhosi, Kings or Queens duly elected in terms of item 5, is less than the number of Members to be elected or vacancies to be filled, the responsible Member must forthwith provide for a reasonable opportunity during the meeting, for further nominations by the Members of the Local Electoral College concerned who are present, to be submitted to the responsible Member in respect of the remaining vacancies, which nominations must also be in writing and be signed by both the nominator and the nominee, subsequent to which the procedure set out in either item 7 or item 8 must be followed, depending on whether the further nominees are equal to the number of the remaining vacancies, or exceed the number of remaining vacancies.7.In the event that the number of duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens is equal to the number of Members to be elected or vacancies to be filled, the responsible Member must declare such duly nominated Senior Traditional Leaders, inkhosi, Kings or Queens as duly elected.8.In the event that the number of duly nominated Senior Traditional Leaders, Inkhosi, Kings or Queens exceeds the number of Members to be elected or the vacancies to be filled, the responsible Member must declare that a secret ballot is to be held during that meeting, in order to elect Senior Traditional Leaders, Inkhosi, Kings or Queens from the nominations so received, to fill the vacancies concerned.9.Voting must be by secret ballot on the basis that each Member of the Local Electoral College concerned, has one vote for each vacancy to be filled: Provided that no more than one vote may be cast in respect of any one nominee per ballot paper.10.The ballot paper must contain, in alphabetical order, the full surname and first names, in that order, of all the nominees in the same print, with a space next to each name to allow for the exercise of choice by means of the making of a mark on the said paper.11.(a)If it cannot be determined by the outcome of the secret ballot who the nominees with the highest number of votes are in relation to the vacancies, the nominee who has received the smallest number of votes must be eliminated as a nominee and a further secret ballot must be taken in respect of the remaining nominees, this procedure being repeated as often as may be necessary until the vacancy or vacancies concerned, have been filled.(b)For the purpose of paragraph (a), whenever two or more nominees being the lowest on the poll have received the same number of votes, the Local Electoral College concerned must, by separate vote, to be repeated as often as may be necessary, determine which of those nominees must be eliminated as nominees.12.In the event that the Local Electoral College concerned, and after having duly followed the procedure set out in this Schedule, is unable to fill a vacancy or vacancies due to an equality of votes received by the remaining nominees, the responsible Member must, when announcing the result of the election, fix the time at, the date on which and the place where a further meeting of the Local Electoral College concerned will be held, being a date not more than seven days thereafter, in order to fill the vacancy or vacancies concerned.13.At the further meeting referred to in item 12, the provisions of this Schedule must apply as if such further meeting was the first meeting called for the purpose of the election in question.Schedule 3
Procedure for election of Chairperson and Deputy Chairperson
1.Nominations of Senior Traditional Leaders, Inkhosi, Kings or Queens for election as Chairperson or Deputy Chairperson, as the case may be, must be called for by the responsible Member at the meeting at which the Chairperson and Deputy Chairperson are to be elected.2.Every nomination must be submitted in writing to the responsible Member and must be signed by two Members of the Provincial House or Local House as the case may be, and also by the person so nominated.3.The names of the persons duly nominated as provided for in item 2 must be announced by the responsible Member at the meeting at which the election is to take place, and no debate may take place in respect of such announcement.4.If in respect of any election for a position, only one duly submitted nomination has been received in accordance with item 2 in respect of that position, the responsible Member must, at the meeting, declare the nominee in question to be duly elected to the position he or she was nominated for.5.Where more than one nominee has been duly nominated in respect of any position, a vote must be taken by secret ballot, each Member of the Provincial House or Local House concerned who is present, having one vote, and any nominee in whose favour the majority of all the votes cast is recorded, must be declared duly elected by the responsible Member to the position he or she was nominated for.6.The ballot paper contemplated in Item 5 must contain, in alphabetical order, the full surname and first names, in that order, of all the nominees in the same print, with a space next to each name to allow for the exercise of choice by means of the making of a mark on the said paper.7.(a)If no nominee obtains a majority of all the votes so cast, the nominee who has received the smallest number of votes must be eliminated and a further ballot must be taken in respect of the remaining nominees, this procedure being repeated as often as may be necessary until a nominee receives a majority of all the votes cast and is declared duly elected.(b)For the purpose of paragraph (a), whenever two or more nominees being the lowest on the poll have received the same number of votes, the Provincial House or Local House concerned must, by separate vote, to be repeated as often as may be necessary, determine which of those nominees must be eliminated.8.Whenever-(a)only two nominees have been nominated; or(b)after the elimination of one or more nominees in accordance with this Schedule, only two nominees remain, and there is an equality of votes between those two nominees, the responsible Member must, when announcing the result of the election, fix the time at, the date on and the place where a further meeting of the Provincial House or Local House concerned will be held, being a date not more than seven days thereafter.9.At the further meeting referred to in item 8, the provisions of this Schedule must apply as if such further meeting was the first meeting called for the purpose of the election in question.Schedule 4
Oath of office or solemn affirmation of _____________________________________I, A. B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and undertake before those assembled here to hold my office with honour and dignity; to respect and uphold the Constitution and all other Laws of the Republic of South Africa; to be a true and faithful Chairperson / Deputy Chairperson / Member of the Mpumalanga Provincial House of Traditional Leaders; not to divulge directly or indirectly any matters which are entrusted to me under secrecy, and to perform the duties of my office conscientiously and to the best of my ability.(In the case of an oath: So help me God.)Schedule 5
Oath of office or solemn affirmation of ________________________________________I, A. B., do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and undertake before those assembled here to hold my office with honour and dignity to respect and uphold the Constitution and all other Laws of the Republic of South Africa; to be a true and faithful Chairperson / Deputy Chairperson / Member of the ______________________ Local House of Traditional Leaders; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.(In the case of an oath: So help me God.)