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Article 105.23
 

For the purpose of electing the additional members, if any, required in terms of sub-paragraphs (i) and (ii) of the first proviso to sub-article (1) of article 52 of the Constitution and of sub- paragraphs (i) and (ii) of the second proviso to the same sub-article, the Commission shall:


(1) establish the total valid votes credited at first count to each of the parties that has elected members to the House of Representatives;


(2) establish the number of members elected to the House of Representatives by each of the parties;


(3) for the purpose of sub-paragraph (i) of the first proviso to sub-article (1) of article 52 of the Constitution, when there is more than one party that has obtainedless than fifty per centum of all the valid votes cast at first count at that election (hereinafter referred to as the "minority party") the Electoral Commission shall add together the totals of sub-regulations (1) and (2) of this regulation for all the minority parties so that, for the purposes of that sub-paragraph, there is effectively one minority party;


(4) for each party, divide the number arrived at in pursuance of sub-paragraph (1) by the number arrivedat in pursuance of subparagraph (2) obtaining the average vote per seat for each party, disregarding any remainders;


(5) adopting the lowest average vote per seat obtained in terms of sub-paragraph (4) as the benchmark, hereinafter referred to as the "low average", divide the number of first count votes credited to the party with a higher average, hereinafter referred to as the"disadvantaged party" by the low average to obtain the total number of members of the House of Representatives that should be credited to the disadvantaged party;


(6) the result obtained by subtracting the number of members elected to the House of Representatives by the disadvantaged party from the number of total members obtained by that party at sub-paragraph (5) above shall be the additional number of members ofthe House of Representatives that are to be declared elected in terms of the Constitution;


(7) the total composition of the House of Representatives shall be such number of seats as is established in sub- paragraph (6) of this paragraph provided that if the total number of seats includes a remainder that remainder shall be eliminated by increasing or decreasing the number of seats to the nearest odd number.