Replacing MPs: How does it work?

Replacing MPs: How does it work?

From Lindiwe Mazibuko to Max Sisulu, the last few weeks have seen a number of high profile MPs across the political spectrum exit Parliament. A total of 19 MPs have been unable to take up their seats, such as the Agang’s Mamphele Ramphele, for personal reasons, and the DA’s Tim Harris because he has taken up a position in the Cape Town Mayor’s office, while others such as Martinus van Schalkwyk and Max Sisulu have resigned. But how does the replacement process actually work?

At first glance its quite simple - if an elected MP vacates their seat, the next eligible and available person on that same party list must be nominated in writing to the Speaker and will be sworn in to replace the person that vacated their seat.

No more than 25 percent of candidates may be replaced.

However, things get more complicated if a party chooses to replace an MP with someone further down the list than they originally put forward for election. According to the Electoral Act 73 of 1998, the fixed order of lists can be changed - but only once a year.

The first opportunity for parties to review their lists of candidates for the National Assembly is within seven days after the twelve months following the date on which candidates were designated by the Electoral Commission - namely 13 May 2014. After the initial period of seven days, lists of candidates may be reviewed once a year at any time during the period starting on 21 May of a given year until 20 May of the following year.

Supplemented or reviewed Candidates' lists must be published by the Secretary to Parliament and the Secretaries of the Provincial Legislatures within 10 days after the receiving the lists from the relevant political parties.

Current list of MP resignations and replacements

1. Ms Dina Pule (ANC) was not available to take up her seat. Replaced by Mr M Booi.

2. Mr Tim Harris (DA) was not available to take up his seat. Replaced by Ms M Shinn.

3. Ms Lindiwe Mazibuko (DA) was not available to take up her seat. Replaced by Mr T Hadebe.

4. Mr Lennox Gaehler (UDM) was not available to take up his seat. Replaced by Ms C Majeke.

5. Mr J Tau (ANC) was not available to take up his seat. Replaced by Ms Y Botha (ANC).

6. Dr Mamphela Ramphele (AGANG) was not available to take up her seat. Replaced by Mr M Tshishonga.

7. Mr Frederik Mulder (FF Plus) was not available to take up his seat. Replaced by Adv A
   Alberts.

8. Ms L Mathys (EFF) was not available to take up her seat. Replaced by Mr P Moteka.

9. Ms T Mokwele (EFF) was not available to take up his seat. Replaced by Ms P Ntobongwana.

10. Mr K Bavu (EFF) was not available to take up his seat. Replaced by Mr N Matiase.

11. Mr N Mdluli (EFF) was not available to take up his seat. Replaced by Mr M Mbatha.

12. Ms R Monchusi (EFF) was not available to take up his seat. Replaced by Ms N Nqweniso.

13. Mr Tito Mboweni (ANC) was not available to take up his seat. Replaced by Ms M Mmola.

14. Mr Jacob Zuma (ANC) was elected as President of the Republic on 21 May 2014. Ceased to be a member of the NA in terms of Section 87 of the Constitution. Replaced by Mr L Ramatlakane.

15. Mr Z Kodwa (ANC) resigned 26 May 2014. Replaced by Ms P Adams.

16. Mr M van Schalkwyk (ANC) resigned 25 May 2014. Replaced by Mr T Khoza.

17. Mr J Ndebele (ANC) resigned 25 May 2014. Replaced by Mr L Mpumlwana.

18. Mr Max Sisulu (ANC – National) resigned 22 May 2014. Replaced by Ms T Tongwane.

19. Ms B Ntuli (ANC) resigned 25 May 2014. Replaced by Ms J Kilian.