With general elections in 2009, the current Parliament will come to an end and a new Parliament will be formed. Here’s how this happens.

When does this Parliament’s term expire?
The National Assembly is elected for a term of five years and dissolves when that term expires. The term of the current Parliament will expire on 13 April 2009 because the last general election was held on 14 April 2004.

But the Constitution also provides for the National Assembly to dissolve at an earlier date. That can happen if the majority of MPs in the National Assembly pass such a resolution and if at least three years of the Parliament’s term of office have already passed.

When will the 2009 general elections be held?
The election must be held within 90 days of the date on which the term of the National Assembly expires. The President must set the election date and publish this in the Government Gazette.

 What happens while election are held and votes counted?
The National Assembly continues to function from the time that its term expires until the day before the general election, or the first day of voting in such a general election.

The current Parliament provides its successor with reports on all issues that are not yet finalised and need attention. And a task team has been set up to consider issues such as the swearing in of members, induction of new members, and office and housing needs of the next Parliament.

How is the Fourth Parliament formed?
Parliament is made up of two houses – the National Assembly and the National Council of Provinces.

National Assembly
After the Independent Electoral Commission announces the results of the elections, the Chief Justice and head of the Constitutional Court calls for and presides over the first meeting of the National Assembly. The first item on the agenda of this meeting of the National Assembly is for the members of the National Assembly to be sworn in. Their names are put forward by the political parties that have received enough votes to claim seats in the National Assembly.

Once members have been sworn in, the Chief Justice announces the procedure for the election of the President of the Republic and the Speaker.

The Chief Justice presides over the election of these two office-bearers. The Speaker in turn presides over the election of the Deputy Speaker.

If there is only one nomination for each of these positions, the nominated candidate is duly elected. If more than one nomination is received, the National Assembly elects the candidate by secret ballot.

The President, once elected, stops being a member of the National Assembly and must assume duty within five days.

The National Assembly is made up of 400 Members of Parliament.

The number of seats allocated to each party depends on the proportion of votes that parties get in the general election. MPs are appointed by their political parties from lists that the parties compile.

National Council of Provinces (NCOP)
Although the Constitution of the Republic of South Africa, 1996 provides that the provincial legislatures have to appoint their permanent delegates to the NCOP within a period of 30 days from the date of the elections, the provincial legislatures are generally constituted and able to appoint their permanent delegates within a much shorter time. The NCOP is usually constituted within approximately one or two weeks after the National Assembly.

A similar process, as in the National Assembly is followed whereby Members are sworn in, and a Chairperson is elected. These proceedings are presided over by the Chief Justice.

The newly elected Chairperson then presides over the election of the Deputy Chairpersons.

The NCOP represents the provinces to ensure that their interests are taken into account in the national sphere of government as stated in the Constitution.