Gender Quotas Database

(1) 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 52and 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.

(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. (Article 52A)

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 by applying the following equation: 

(A) + X/(B) + X = 0.40

A  =  total  number  of  seats  attained  by  the  under-represented sex; 

B = total number of members elected to the House;

X = additional seats created in terms of article 52A of the Constitution;

0.40  =  the  denominator  that  represents  the  total number of seats, including the additional seats created in terms of article 52A of the Constitution. 

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 article52A 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%). (Article 4.24)