Country
UN Women Region
Parliament structure
Electoral system type
Electoral system sub-type
Single transferable vote
Type of legislated quotas
Quota for input only OR input and output (quota on results as corrective measure)
Date
Quota target (level) in %
40.00
Women's representation in single/lower house in %
27.90
Quota target met (+/- 2%) (Yes/ No)
Legal Source (name) - Constitution
Constitution, 1964 (amended through 2022)
Legal provisions - Constitution
According to Article 52A of the Constitution, "If at a general election which is contested by two or more political parties and in which only candidates of two parties are elected or in the eventuality of an election result as provided for in sub-paragraphs (i) and (ii) of the proviso to sub-article (1) of article 52 and in the event that the number of Members of Parliament of the under-represented sex, elected by virtue of article 52, inclusive of those members elected at a casual election in terms of the relevant regulations, is less than forty per cent (40%) of all the Members of Parliament, then the number of Members of Parliament shall increase by not more than twelve (12) Members of the under-represented sex:
Provided that the number of Members of Parliament of the under-represented sex elected by virtue of article 52 added to the members of the under-represented sex elected by virtue of this article shall not exceed forty per cent (40%) of the total number of elected Members of Parliament making up the House.
The candidates elected by virtue of this article are to be apportioned equally between the absolute majority party or the relative majority party and the minority party.
(2) Such candidate or candidates belonging to the under- represented sex and who are candidates of the party or parties which shall be credited with the additional seats, and which were credited by the Electoral Commission at the last count with the highest or next higher number of votes without being elected, irrespective of the division in which such highest or next higher number of votes occur, shall be declared by the Electoral Commission as elected to fill the additional seats
Provided that in the event that the number of candidates established under this article is not reached, following the application of the preceding sub-article, such candidates belonging to the under- represented sex shall be declared by the Electoral Commission to be elected to fill the remaining additional seats created by this article who, being candidates of the party which is to be credited with the additional seats, were ranked on a national basis by the Electoral Commission with the highest or next higher number of percentage quota obtained on the basis of their respective final count vote before elimination in relation to the quota of the electoral division contested:
Provided further that in the event that the number of candidates established under this article is not reached as foreseen in this sub-article, the seats thereafter remaining vacant shall be filled by the co-option of a Member or Members by the House and such Member or Members shall be qualified to be elected as a Member of the House as established under article 53, shall not be subject to any disqualifications for membership of the House as provided under article 54 and shall belong to the under-represented sex.
(3) For the purpose of this article, elected and unelected candidates who are identified as gender-neutral persons in their official documentation, shall be counted with the under-represented sex.
(4) This article shall remain in force until the expiry of the period of twenty (20) years from the date of its coming into force, unless revoked or re-enacted with or without modification by means of an Act of Parliament according to the provisions of this Constitution."
Provided that the number of Members of Parliament of the under-represented sex elected by virtue of article 52 added to the members of the under-represented sex elected by virtue of this article shall not exceed forty per cent (40%) of the total number of elected Members of Parliament making up the House.
The candidates elected by virtue of this article are to be apportioned equally between the absolute majority party or the relative majority party and the minority party.
(2) Such candidate or candidates belonging to the under- represented sex and who are candidates of the party or parties which shall be credited with the additional seats, and which were credited by the Electoral Commission at the last count with the highest or next higher number of votes without being elected, irrespective of the division in which such highest or next higher number of votes occur, shall be declared by the Electoral Commission as elected to fill the additional seats
Provided that in the event that the number of candidates established under this article is not reached, following the application of the preceding sub-article, such candidates belonging to the under- represented sex shall be declared by the Electoral Commission to be elected to fill the remaining additional seats created by this article who, being candidates of the party which is to be credited with the additional seats, were ranked on a national basis by the Electoral Commission with the highest or next higher number of percentage quota obtained on the basis of their respective final count vote before elimination in relation to the quota of the electoral division contested:
Provided further that in the event that the number of candidates established under this article is not reached as foreseen in this sub-article, the seats thereafter remaining vacant shall be filled by the co-option of a Member or Members by the House and such Member or Members shall be qualified to be elected as a Member of the House as established under article 53, shall not be subject to any disqualifications for membership of the House as provided under article 54 and shall belong to the under-represented sex.
(3) For the purpose of this article, elected and unelected candidates who are identified as gender-neutral persons in their official documentation, shall be counted with the under-represented sex.
(4) This article shall remain in force until the expiry of the period of twenty (20) years from the date of its coming into force, unless revoked or re-enacted with or without modification by means of an Act of Parliament according to the provisions of this Constitution."
Legal Source (name) - Electoral Law
General Elections Act, (amended through 2022)
Legal provisions - Electoral Law
Single House:
• For the purpose of electing the additional members, if any, required in terms of article 52A of the Constitution, the Commission shall:
(a) establish the number of members elected to the House by sex and determine the under- represented sex as the sex with the lowest number of members elected to the House;
(b) establish the percentage of seats attained by the under-represented sex based on the number of elected members of the under-represented sex elected to the House as a proportion of the number of elected members to the House by dividing the number of elected members of the under-represented sex with the number of elected members multiplied by hundred; and
(c) in the event that the percentage of the under- represented sex is below forty percent (40%), the Commission shall assign up to a maximum of twelve (12) additional seats. (Electoral Law, Thirteenth Schedule, Part IV, section 24)
• Subject to the provisions of article 52(1) of the Constitution, the number of additional seats resulting from the application of the equation shall be rounded down to the nearest even integer to ensure that the additional seats allocated to the under-represented sex in terms of article 52A of the Constitution shall be an even integer and the elected members of the under-represented sex elected to the House shall not exceed forty percent (40%). (Electoral Law, Thirteenth Schedule, Part IV, section 24)
• For the purpose of electing the additional members, if any, required in terms of article 52A of the Constitution, the Commission shall:
(a) establish the number of members elected to the House by sex and determine the under- represented sex as the sex with the lowest number of members elected to the House;
(b) establish the percentage of seats attained by the under-represented sex based on the number of elected members of the under-represented sex elected to the House as a proportion of the number of elected members to the House by dividing the number of elected members of the under-represented sex with the number of elected members multiplied by hundred; and
(c) in the event that the percentage of the under- represented sex is below forty percent (40%), the Commission shall assign up to a maximum of twelve (12) additional seats. (Electoral Law, Thirteenth Schedule, Part IV, section 24)
• Subject to the provisions of article 52(1) of the Constitution, the number of additional seats resulting from the application of the equation shall be rounded down to the nearest even integer to ensure that the additional seats allocated to the under-represented sex in terms of article 52A of the Constitution shall be an even integer and the elected members of the under-represented sex elected to the House shall not exceed forty percent (40%). (Electoral Law, Thirteenth Schedule, Part IV, section 24)
M49 Code
Legislated electoral quota for Upper House (Yes/ No)
Comments
Unicameral parliamentary structure.
Provisions on gender quotas (Yes/No) - Constitution
Provisions on gender quotas (Yes/No) - Electoral Law
Provisions on gender quotas (Yes/No) - Parity Law
Provisions on gender quotas (Yes/No) - Party Law
Provisions on gender quotas (Yes/No) - Financing Law
Provisions on gender quotas (Yes/No) - Political Agreement
M49 Region
Corrective Measures Details
If less than 40%, up to 12 members of the under-represented sex should be assigned by the election commission, from among non-elected candidates across parties.