# Article 182 of the Constitution of South Africa

- Jurisdiction: South Africa (ZA)
- Article: 182
- Chapter (as indexed): Chapter 13: of the previous Constitution continue to function in terms of that Chapter
- Source document: The South Africa Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/8fdf9bb8-1ea5-4166-bff8-d4ca5da235e9
- This document: https://www.portablelaw.com/provision/8fdf9bb8-1ea5-4166-bff8-d4ca5da235e9/md
- Constitution: https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856

## Verbatim text

````
of that council until a Municipal Council replacing that council has been
declared elected as a result of the first general election of Municipal Councils
after the commencement of the new Constitution.
[Subitem (b) substituted by s. 5(a) of the Constitution Second Amendment Act of 1998.]
(2) Section 245(4) of the previous Constitution continues in force until the application
of that section lapses. Section 16(5) and (6) of the Local Government Transition Act,
1993, may not be repealed before 30 April 2000.
[Sub item (2) amended by s. 5 (b) of Constitution Second Amendment Act of 1998.]
Safekeeping of Acts of Parliament and Provincial Acts
27. Sections 82 and 124 of the new Constitution do not affect the safekeeping of Acts of
Parliament or provincial Acts passed before the new Constitution took effect.
Registration of immovable property owned by the state
28. (1)  On the production of a certificate by a competent authority that immovable
property owned by the state is vested in a particular government in terms of section
239 of the previous Constitution, a registrar of deeds must make such entries or
endorsements in or on any relevant register, title deed or other document to register
that immovable property in the name of that government.
(2) No duty, fee or other charge is payable in respect of a registration in terms of
subitem (1). Schedule 6: Transitional Arrangements
156ANNEXURE A
Amendments to Schedule 2 to the previous Constitution
1.  The replacement of item 1 with the following item:
“1.  Parties registered in terms of national legislation and contesting an
election of the National Assembly, shall nominate candidates for such election
on lists of candidates prepared in accordance with this Schedule and national
legislation. ” .
2.  The replacement of item 2 with the following item:
“2.  The seats in the National Assembly as determined in terms of section 46 of the
new Constitution, shall be filled as follows:
(a)  One half of the seats from regional lists submitted by the respective
parties, with a fixed number of seats reserved for each region as
determined by the Commission for the next election of the Assembly,
taking into account available scientifically based data in respect of
voters, and representations by interested parties.
(b)  The other half of the seats from national lists submitted by the respective
parties, or from regional lists where national lists were not submitted. ” .
3.  The replacement of item 3 with the following item:
“3.  The lists of candidates submitted by a party, shall in total contain the names
of not more than a number of candidates equal to the number of seats in the
National Assembly, and each such list shall denote such names in such fixed
order of preference as the party may determine. ” .
4.  The amendment of item 5 by replacing the words preceding paragraph (a) with
the following words:
“5.  The seats referred to in item 2(a) shall be allocated per region to the parties
contesting an election, as follows:” .
5.  The amendment of item 6—
(a)  by replacing the words preceding paragraph (a) with the following words:
“6. The seats referred to in item 2(b) shall be allocated to the parties
contesting an election, as follows:”; and
(b) by replacing paragraph (a) with the following paragraph:
“(a)  A quota of votes per seat shall be determined by dividing the total
number of votes cast nationally by the number of seats in the National Annexure A
157
Assembly, plus one, and the result plus one, disregarding fractions, shall
be the quota of votes per seat. ” .
6.  The amendment of item 7(3) by replacing paragraph (b) with the following
paragraph:
“(b)  An amended quota of votes per seat shall be determined by dividing the total
number of votes cast nationally, minus the number of votes cast nationally in
favour of the party referred to in paragraph (a), by the number of seats in the
Assembly, plus one, minus the number of seats finally allocated to the said
party in terms of paragraph (a). ” .
7.  The replacement of item 10 with the following item:
“10.  The number of seats in each provincial legislature shall be as determined in
terms of section 105 of the new Constitution. ” .
8.  The replacement of item 11 with the following item:
“11.  Parties registered in terms of national legislation and contesting an election
of a provincial legislature, shall nominate candidates for election to such
provincial legislature on provincial lists prepared in accordance with this
Schedule and national legislation. ” .
9.  The replacement of item 16 with the following item:
“Designation of representatives
16. (1) After the counting of votes has been concluded, the number of
representatives of each party has been determined and the election result has
been declared in terms of section 190 of the new Constitution, the Commission
shall, within two days after such declaration, designate from each list of
candidates, published in terms of national legislation, the representatives of
each party in the legislature.
(2) Following the designation in terms of subitem (1), if a candidate’s name
appears on more than one list for the National Assembly or on lists for both the
National Assembly and a provincial legislature (if an election of the Assembly
and a provincial legislature is held at the same time), and such candidate is
due for designation as a representative in more than one case, the party which
submitted such lists shall, within two days after the said declaration, indicate
to the Commission from which list such candidate will be designated or in
which legislature the candidate will serve, as the case may be, in which event
the candidate’s name shall be deleted from the other lists. Annexure A
158(3)  The Commission shall forthwith publish the list of names of representatives in
the legislature or legislatures. ” ..
10. The amendment of item 18 by replacing paragraph (b) with the following
paragraph:
“(b)  a representative is appointed as a permanent delegate to the National Council
of Provinces;” .
11. The replacement of item 19 with the following item:
“19.  Lists of candidates of a party referred to in item 16 (1) may be supplemented
on one occasion only at any time during the first 12 months following the
date on which the designation of representatives in terms of item 16 has
been concluded, in order to fill casual vacancies: Provided that any such
supplementation shall be  made at the end of the list. ” .
12. The replacement of item 23 with the following item:
“Vacancies
23. (1)  In the event of a vacancy in a legislature to which this Schedule applies,
the party which nominated the vacating member shall fill the vacancy by
nominating a person—
(a) whose name appears on the list of candidates from which the vacating
member was originally nominated; and
(b) who is the next qualified and available person on the list.
(2)  A nomination to fill a vacancy shall be submitted to the Speaker in writing.
(3) If a party represented in a legislature dissolves or ceases to exist and the
members in question vacate their seats in consequence of item 23A(1), the
seats in question shall be allocated to the remaining parties mutatis mutandis
as if such seats were forfeited seats in terms of item 7 or 14, as the case may
be. ” .
13.  The insertion of the following item after item 23:
“Additional ground for loss of membership of legislatures
23A. (1) A person loses membership of a legislature to which this Schedule applies
if that person ceases to be a member of the party which nominated that
person as a member of the legislature.
(2)  Despite subitem (1) any existing political party may at any time change its
name. Annexure A
159
(3)  An Act of Parliament may, within a reasonable period after the new
Constitution took effect, be passed in accordance with section 76(1) of the
new Constitution to amend this item and item 23 to provide for the manner
in which it will be possible for a member of a legislature who ceases to be a
member of the party which nominated that member, to retain membership of
such legislature.
(4)  An Act of Parliament referred to in subitem (3) may also provide for—
(a)  any existing party to merge with another party; or
(b)  any party to subdivide into more than one party. ” .
14. The deletion of item 24.
15. The amendment of item 25—
(a)  by replacing the definition of “Commission” with the following definition:
“‘Commission’ means the Electoral Commission referred to in
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 182 of the Constitution of South Africa.
- The index files it under the chapter heading “Chapter 13: of the previous Constitution continue to function in terms of that Chapter”.
- The passage runs to about 1,440 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “property”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equal”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“of the previous Constitution, is ex officio entitled to be a member”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 19 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of South Africa, article 182, Portable Lawyer, https://www.portablelaw.com/provision/8fdf9bb8-1ea5-4166-bff8-d4ca5da235e9 (accessed 27 September 2026).

## Related

- [Constitution of South Africa](https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856)
- [South Africa on Portable Lawyer](https://www.portablelaw.com/countries/8bc72f0c-9ab9-458b-8230-af753676f856)
- [HTML version of this provision](https://www.portablelaw.com/provision/8fdf9bb8-1ea5-4166-bff8-d4ca5da235e9)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

---

Portable Lawyer · Article 182 of the Constitution of South Africa (chapter: “Chapter 13: of the previous Constitution continue to function in terms of that Chapter”). of that council until a Municipal Council replacing that council has been declared elected as a result of the first general election of Municipal Councils after the commencement…