Schedule 1
Electoral system for metro and local councils
1.DefinitionsIn this Schedule, unless the context otherwise indicates—“chief electoral officer” means the chief electoral officer appointed in terms of section 12(1) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), and includes a person designated by the chief electoral officer for the purposes of this Schedule;“election” means an election called in terms of section 24, and, where appropriate, also a by-election called in terms of section 25;“independent ward councillor” means a councillor who was not nominated by a party as a candidate in a ward election;“nomination day” means the day determined in terms of the Electoral Act for the announcement of the nominated candidates and parties for a municipal election;“ward candidate representing a party” means a ward candidate who was nominated by a party as a candidate in a ward election.Part 1 – General
2.Delimitation of wardsThe Demarcation Board after consultation with the Electoral Commission, for purposes of an election, must delimit all metropolitan municipalities and all local municipalities that must have wards, into wards.3.Number of wardsThe number of wards in a metropolitan or local municipality must be equal to the number of ward councillors determined for the municipality in terms of section 22(2).4.Delimitation criteriaThe Demarcation Board after consulting the Electoral Commission must delimit a municipality into wards, each having approximately the same number of voters, taking into account the following criteria:(a)The number of registered voters in each ward, may not vary by more than fifteen per cent from the norm, where the norm is determined by dividing the total number of registered voters on the municipality’s segment of the national common voters roll by the number of wards in the municipality.(b)The need to avoid as far as possible the fragmentation of communities.(c)The object of a ward committee as set out in section 72(3) which is to enhance participatory democracy in local government.(d)The availability and location of a suitable place or places for voting and counting if appropriate, taking into consideration—(i)communication and accessibility;(ii)density of population;(iii)topography and physical characteristics; and(iv)the number of voters that are entitled to vote within the required time-frame.(e)The safety and security of voters and election material.(f)Identifiable ward boundaries.5.Publication of delimitation(1)The Demarcation Board must publish its delimitation of wards for a municipality in the Provincial Gazette.(2)Any person aggrieved by a delimitation may within 14 days of publication submit objections in writing to the Demarcation Board, and the Board must—(a)consider those objections; and(b)confirm, vary or withdraw its determination.6.Electoral system for metro and local councils with wardsA metro council, and a local council having wards, must be elected as follows:(a)A number of councillors equal to the number of wards in the municipality must be directly elected in accordance with Part 2 of this Schedule to represent the wards in the Council; and(b)the rest of the councillors must be elected from party lists in accordance with Part 3 of this Schedule to represent parties proportionally in the council.7.Electoral system for local councils without wardsIf a local council has no wards, all the councillors must be elected from party lists in accordance with Part 3 of this Schedule to represent parties proportionally in the council.Part 2 – Ward elections
8.Number of votes(1)In an election of a councillor for a ward each voter has one vote only, and a voter may vote for one candidate only,(2)In each ward the candidate who receives the most votes is the elected councillor for that ward. In the event of two or more candidates receiving an equal number of votes, the result will be determined by lot.8A.Uncontested ward electionsIf only one candidate is duly nominated in a ward, an election is not held in that ward and the uncontested ward candidate is deemed to have been elected—(a)in the case of an election called in terms of section 24(2), with effect from the date set for the election; or(b)in the case of a by-election, with effect from the date stated in the time table for the by-election as the final date on which nominations for the by-election may be submitted.Part 3 – Proportional representation elections
9.Number of votes(1)In an election for a metro council, or for a local council that has wards, each voter has two votes, and may vote for—(a)not more than one ward candidate; and(b)not more than one party.(2)In an election for a local council that has no wards, each voter has one vote only, and may vote for one party only.10.Submission of lists of candidates(1)A list of candidates may be submitted only by a party.11.Party lists(1)The number of candidates on a list submitted by a party may not exceed double the number of seats in the metro or local council to be filled from party lists.(2)The candidates’ names must appear on the list in the order of the party’s preference, commencing with the first in order of preference and ending with the last.(3)Every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed through the list.12.Quota(1)The quota of votes for a seat in the metro or local council, must be determined in accordance with the following formula (fractions to be disregarded):
Where—Arepresents the total number of valid votes cast for all parties, consisting of those cast on the party vote and those cast for ward candidates representing parties;Brepresents, the number of seats in the metro or local council; andCrepresents the number of independent ward councillors elected in the election.(2)If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of factor A be counted as two votes.13.Allocating seats(1)(a)The total number of valid votes cast for each party on the party vote and for the ward candidates representing the party must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled before any adjustment in terms of subitem (3).(b)If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of paragraph (a) be counted as two votes.(2)(a)If the calculation in subitem (1) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.(b)If the surplus for two or more parties is equal the seat must be awarded to the party that obtained the highest number of valid votes.(3)(a)In an election for a metro council or fora local council that has wards, the Electoral Commission must deduct from the total number of seats to which each party is entitled in terms of subitem (1) and (2), the number of ward candidates representing that party who were declared elected.(b)The result is the number of seats which the party is entitled to fill from its list of party candidates.(4)If no party is awarded a seat in terms of subitem (1), the votes for each party, read with subitem (1)(b), must be treated in accordance with subitem (2) as if they are surpluses.(5)The Electoral Commission must determine which party candidates are elected by selecting from the party’s list, in accordance with the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled, beginning with the first candidate on the list and ending with the lowest ranking candidate.14.Uncontested elections(1)If only one party submitted a list, an election according to proportional representation must not be held for the metro or local council.(2)The number of seats to which the party is entitled is the total number of seats on the council to be filled by proportional representation.(3)The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, according to the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled.15.Procedure if no party applications(1)If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC for local government must, after consultation with the Commission, determine the date of the election.(2)If no party applies for registration or every application is rejected for the by-election—(a)the municipal manager must notify the chief electoral officer within 24 hours;(b)the chief electoral officer within seven days must determine the date for a further election which must be held within 90 days; and(c)the vacancies must remain unfilled until such time as they are filled by way of election.(3)Section 25 applies to a by-election in terms of this item, to the extent that that section can be applied.16.Excessive seats(1)If, through the election of ward candidates, a party listed on the part of the ballot paper for parties has obtained a number of seats that is equal to, or greater than the total number of seats in the council to which it is entitled under item 13, that party must not be allocated any seats from its list of party candidates.(2)The seats of ward candidates are not affected.(3)A new quota of votes for a seat must be determined in accordance with the following formula (fractions to be disregarded):
Where—Arepresents the total number of valid votes cast for all parties, consisting of those cast on the party vote and those cast for ward candidates representing parties;Brepresents the total number of votes cast for the party with excessive seats, both on the party vote and for ward candidates representing parties;Crepresents the number of seats in the council;Drepresents the number of seats awarded to the party with excessive seats; andErepresents the number of independent ward councillors elected.(4)(a)The total number of valid votes cast for each party, both on the party vote and for ward candidates representing the party, excluding the party that has excessive number of seats, must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled.(b)If the calculation in paragraph (a) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.(c)If the surplus for two or more parties is equal, the seat must be awarded to the party that received the highest number of valid votes.(5)If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must, for the purpose of factors A and B and subitem (4), be counted as two votes.(6)In an election for a council that has wards, the Electoral Commission must deduct from the total number of seats to which each party is entitled in terms of subitem (4), the number of ward candidates representing the party who were declared elected.(7)If no party is awarded a seat in terms of subitem (4)(a), the votes for each party must be treated in accordance with subitem (4)(b) as if they are surpluses.(8)The Electoral Commission must determine in the manner provided in item 13(5), which party candidates are elected.(9)If a party is entitled to an additional number of seats in terms of subitem (4) and its list of candidates does not contain a sufficient number of candidates after having applied item 17(1), the party concerned forfeits, subject to subitem (1), the unfilled seats and the process provided in this item must be repeated until all seats have been filled or until all listed candidates have been allocated to a vacant seat.17.Insufficient party lists(1)If a party list contains fewer candidates than the party is entitled to, the Electoral Commission must in writing immediately notify the party of the exact shortfall and request the party to deliver within two days of the notice a list supplemented by the name or names of one or more eligible candidates.(2)Immediately upon receipt of the list referred to in subitem (1), the Electoral Commission must allocate the number of representatives, in the order of preference on the fist, to which the party is entitled.(3)(a)Subject to paragraph (b)—(i)if the party concerned has ceased to exist, the seat or seats must remain unfilled;(ii)if the party concerned does not deliver a supplemented list, the seat or seats remain unfilled until it delivers a list; or(iii)if the party concerned delivers a supplemented list containing fewer names than the number of seats to be filled from that list, the seat or seats remain unfilled to the extent of the shortfall until it delivers a further list.(b)Where seats are unfilled in terms of paragraph (a), and the vacancies render a quorum for the municipal council impossible, the party concerned forfeits the unfilled seats, and the seats must be filled within 14 days in accordance with subitems (4) to (10).(4)If a party forfeits seats, a new quota of votes for a seat must be determined in accordance with the following formula (fractions to be disregarded):
Where—Arepresents the total number of valid votes cast for all parties, consisting of those cast on the party vote and those cast for ward candidates representing parties;Brepresents the total number of valid votes cast for the party that has forfeited seats, both on the party vote and for ward candidates representing the party;Crepresents the number of seats in the council;Drepresents the number of seats awarded to the forfeiting party; andErepresents the number of independent ward councillors elected in the election.(5)(a)The total number of valid votes cast for each party, both on the party vote and for ward candidates representing the party, excluding the party that has forfeited seats, must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled.(b)If the calculation in paragraph (a) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.(c)If the surplus for two or more parties is equal, the seat must be awarded to the party that received the highest number of valid votes.(6)If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of factors A and B and subitem (5) be counted as two votes.(7)In an election for a council that has wards, the Electoral Commission must deduct from the total number of seats to which each party is entitled in terms of subitem (5), the number of ward candidates representing the party who were declared elected.(8)If no party is awarded a seat in terms of subitem (5)(a) the votes for each party must be treated in accordance with subitem (5)(b) as if they are surpluses.(9)The Electoral Commission must determine in the manner provided in item 13(5) which party candidates are elected.(10)If a party is entitled to an additional number of seats in terms of subitem (5) and its list of candidates does not contain a sufficient number of candidates, the party concerned forfeits, subject to subitem (1), the unfilled seats and the process provided in this item must be repeated until all seats have been filled or until all listed candidates have been allocated to a vacant seat.17A.Multiple seats(1)If a candidate is assigned to more than one seat, the parties or independent ward candidates must, within two days after being informed by the chief electoral officer, indicate to the Electoral Commission which seat such candidate should be designated to.(2)If a party or independent ward candidate fails to indicate to the chief electoral officer which seat such candidate should be designated, such candidate’s name must be deleted from the lists.(3)If a ward seat allocation is deleted it shall lead to the holding of a by-election.18.Filling of vacancies(1)(a)If a councillor elected from a party list ceases to hold office, the chief electoral officer must, subject to item 20, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy.(b)Whenever a councillor referred to in paragraph (a) ceases to hold office, the municipal manager concerned must within 14 days after the councillor has ceased to hold office, inform the chief electoral officer accordingly.(c)If the municipal manager of the municipality concerned does not inform the chief electoral officer of the vacancy referred to in paragraph (a), the MEC for local government in the province, must inform the chief electoral officer of the vacancy within 14 days where the municipal manager does not.(2)Where a party list has become exhausted, item 17, adjusted as may contextually be necessary, applies to the supplementation of the list, and if the party fails to supplement its list, or if the party has ceased to exist, the vacancy must remain unfilled.Part 4 – Filling and amending party lists
19.Causes of vacancies on listsA person who is a candidate on a party list ceases to be a candidate and a vacancy arises in the list when the party withdraws the person’s name by written notice to the chief electoral officer, or when that person—(a)assumes office as a councillor;(b)resigns from the list by written notice to the chief electoral officer;(c)becomes ineligible to be a candidate;(d)is disqualified or removed from the list in terms of any legislation;(e)ceases to be a member of the party for which that person was listed as a party candidate; or(f)ceases to be ordinarily resident in the municipality to which the list relates.20.Filling vacancies and changing the order(1)(a)A party may not supplement or change its list from the date of the closure of nomination of candidates for an election until a day after the date of the first council meeting.(b)(i)Subject to paragraph (a), a party may supplement or change its list, provided that if a councillor elected according to a party list ceases to hold office, the party concerned may supplement or change its list by not later than 21 days after the councillor has ceased to hold office.(ii)The vacancy must be filled as soon as the party in question has supplemented, changed or increased its list, but not later than 14 days after the expiry of the 21-day period.(2)If a party supplements, changes or increases its list in terms of subitem (1) it must provide the chief electoral officer with an amended list.Schedule 2
Electoral system for district councils
1.DefinitionsIn this Schedule, unless the context otherwise indicates—“chief electoral officer” means the chief electoral officer appointed in terms of section 12(1) of the Electoral Commission Act, 1996 (Act No, 51 of 1996), and includes a person designated by the chief electoral officer for the purposes of this Schedule;“election” means an election called in terms of section 24, and, where appropriate, also a by-election called in terms of section 25;"independent ward councillor" means a councillor who was not nominated by a party as a candidate in a ward election;“nomination day” means the day determined in terms of the Electoral Act for the announcement of the nominated candidates and parties for an election.Part 1 – Proportional elections
2.Electoral system for party representativesThe councillors of a district council that in terms of section 23 must be elected in accordance with this Part, must be elected from party lists to proportionally represent parties in the council.3.Number of votesIn an election for a district council, each voter registered in the area of a local municipality within the district municipality has one vote, and may vote for one party only.4.Submission of lists of candidates(1)A list of candidates may be submitted only by a party.5.Party lists(1)The number of candidates on a party list submitted by a party may not exceed double the number of seats in the district council allocated, as the case may be, for the election of councillors referred to in section 23(1)(a).(2)The candidates’ names must appear on the list in the order of the party's preference, commencing with the first in order of preference and ending with the last.(3)Every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed through the list.6.QuotaThe quota of votes for a seat in a district council must be determined in accordance with the following formula (fractions to be disregarded):
Where—Arepresents the total number of valid votes cast for all parties; andBrepresents the number of seats in the district council allocated in terms of section 23(1)(a).7Allocating seats(1)The total number of valid votes cast for each party must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled.(2)(a)If the calculation in subitem (1) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.(b)If the surplus for two or more parties is equal the seat must be awarded to the party that obtained the highest number of valid votes.(3)If no party is awarded a seat in terms of subitem (1), the votes for each party must be treated in accordance with subitem (2) as if they are surpluses.(4)The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, in accordance with the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled, beginning with the first candidate on the list and ending with the lowest ranking candidate.8.Uncontested elections(1)If only one party submitted a list, an election must not be held for the district council concerned.(2)The number of seats to which the party is entitled is the total number of seats on the council to be filled by the election concerned.(3)The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, according to the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled.9.Procedure if no party applications(1)If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC for local government must, after consultation with the Commission, determine the date of the election.(2)If no party applies for registration or every application is rejected for the by-election—(a)the municipal manager must notify the chief electoral officer within 24 hours;(b)the chief electoral officer within seven days must determine the date for a further election which must be held within 90 days; and(c)the vacancies must remain unfilled until such time as they are filled by way of election.(3)Section 25 applies to a by-election in terms of this item, to the extent that that section can be applied.10.Insufficient party lists(1)If a party list contains fewer candidates than the party is entitled to, the chief electoral officer must in writing immediately notify the party of the exact shortfall and request the party to deliver within two days of the notice a list supplemented by the name or names of one or more eligible candidates.(2)Immediately upon receipt of the list referred to in subitem (1), the chief electoral officer must allocate the number of representatives, in the order of preference on the list, to which the party' is entitled.(3)(a)Subject to paragraph (b)—(i)if the party concerned has ceased to exist, the seat or seats must remain unfilled;(ii)if the party concerned does not deliver a supplemented list, the seat or seats remain unfilled until it delivers a list; or(iii)if the party concerned delivers a supplemented fist containing fewer names than the number of seats to be filled from that list, the seat or seats remain unfilled to the extent of the shortfall until it delivers a further fist.(b)Where seats are unfilled in terms of paragraph (a), and the vacancies render a quorum for the municipal council impossible, the party concerned forfeits the unfilled seats, and the seats must be filled within 14 days in accordance with subitems (4) to (8).(4)If a party forfeits seats, a new quota of votes for a seat must be determined in accordance with the following formula (fractions to be disregarded):
Where—Arepresents the total number of valid votes cast for all parties;Brepresents the total number of valid votes cast for the party that has forfeited seats;Crepresents the number of seats in the council to be filled in the election; andDrepresents the number of seats awarded to the forfeiting party.(5)(a)The total number of valid votes cast for each party, excluding the party that has forfeited seats, must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled.(b)If the calculation in paragraph (a) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.(c)If the surplus for two or more parties is equal, the seat must be awarded to the party that received the highest number of valid votes.(6)If no party is awarded a seat in terms of subitem (5)(a) the votes for each party must be treated in accordance with subitem (5)(b) as if they are surpluses.(7)The chief electoral officer must determine in the manner provided in item 8(3) which party candidates are elected.(8)If a party is entitled to an additional number of seats in terms of subitem (5) and its list of candidates does not contain a sufficient number of candidates, the party concerned, subject to subitem (1), forfeits the unfilled seats and the process provided in this item must be repeated until all seats have been filled or until all listed candidates have been allocated to a vacant seat.10A.Multiple seatsIf a candidate is assigned to more than one seat, item 17A of Schedule 1, adjusted as may be contextually necessary, applies.11.Filling of vacancies(1)If a councillor elected from a party list ceases to hold office, the chief electoral officer must, subject to item 13, declare in writing the person whose name is on the top of the applicable party list to be elected in the vacancy.(2)(a)Where a party list has become exhausted, item 10, adjusted as may contextually be necessary, applies to the supplementation of the list, and if the party fails to supplement its list, or if the party has ceased to exist, the vacancy must remain unfilled.(b)Whenever a councillor referred to in paragraph (a) ceases to hold office, the municipal manager concerned must within seven days after the councillor has ceased to hold office, inform the chief electoral officer thereof.12.Causes of vacancies on listsA person who is a candidate on a party list ceases to be a candidate and a vacancy arises in the list when the party withdraws the person’s name by written notice to the chief electoral officer or when that person—(a)assumes office as a councillor;(b)resigns from the list by written notice to the chief electoral officer;(c)becomes ineligible to be a candidate;(d)is disqualified or removed from the list in terms of any legislation;(e)ceases to be a member of the party for which that person was listed as a party candidate; or(f)ceases to be ordinarily resident in the municipality to which the list relates.13.Filling vacancies and changing the order(1)(a)A party may not supplement or change its list from the date of the closure of the nomination of candidates for an election until a day after the date of the first council meeting.(b)(i)Subject to the provisions of paragraph (a), a party may supplement or increase its list, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement or increase its list by not later than 21 days after the councillor has ceased to hold office.(ii)The vacancy must be filled as soon as the party in question has supplemented, changed or increased its list, but not later than 14 days after the expiry of the 21-day period.(2)If a party supplements, changes or increases its list in terms of subitem (1) it must provide the chief electoral officer with an amended list.Part 2 – Allocation and election of representatives of local councils to district councils
14.Manner of electionThe section 23(2) members of a district council must be appointed by the councils of the local municipalities in the area of the district council from among their members.15.Award of seats on district councils(1)The quota of registered voters that a local council must have in order to be entitled to a seat on a district council must be determined in accordance with the following formula (fractions to be disregarded)—
Where—Arepresents the total number of voters registered on the district council’s segment of the national common voters' roll; andBrepresents the number of seats on the district council determined in terms of section 23(2)(a) for representatives of the local councils but disregarding any increase in terms of section 20(5).(2)Each local municipality in the area of a district municipality is entitled to a number of seats on the district council determined by dividing the total number of voters registered on the segment of the national common voters’ roll for that local municipality by the quota of votes for a seat on the district council determined in accordance with subitem (1).(3)If the calculation in subitem (2) gives a figure that is a fraction of the figure 1, the council must be awarded one seat and must not participate in any further calculation or award.(4)If the calculation in subitem (2) yields a surplus, that surplus must compete with similar surpluses of any other council, and any seat or seats not awarded in terms of subitems (2) and (3) must be awarded in sequence of the highest surplus.16.Electing local councils representatives to district councils(1)The chief electoral officer must manage the election of representatives of a local council to the district council.(2)If a local council has been awarded one seat—(a)any councillor may nominate a candidate;(b)each councillor has one vote; and(c)the candidate who receives the most votes is elected.(3)If the council has been awarded more than one seat, the council must elect that number of members according to proportional representation as set out in items 17 to 22.17.Candidates lists(1)Every party or independent ward councillor may submit a candidates’ list containing the names of councillors, accompanied by a written acceptance by each listed candidate.(2)A party or independent ward councillor may not submit more than one list.(3)The candidates’ names must appear on the list in order of preference, starting with the first in order of preference and ending with the last.(4)The name of a councillor may appear on one list only.(5)Every party or independent ward councillor must seek to ensure that fifty per cent of the candidates on the candidates list are women and that women and men candidates are evenly distributed through the list.18.Number of votesEach councillor casts one vote for one fist only.19.Determining the quotaIn a local council, the quota of votes for a seat to the district council must be determined in accordance with the following formula (fractions to be disregarded)—Where—A represents the number of members of the local council; andB represents the number of seats that the local council has been awarded on the district council in accordance with item 15.20.Allocating seats(1)The number of votes cast in favour of each list must be divided by the quota of votes for a seat and the result is the number of seats allocated to that list.(2)(a)If the calculation in subitem (1) gives a surplus, that surplus must compete with other similar surpluses of any other lists, and any seat or seats not allocated under subitem (1) must be awarded in sequence of the highest surplus.(b)If the surplus on one list is equal to the surplus on any other list, the seat or seats must be awarded in sequence of the highest number of votes cast for those lists.21.Selecting names from the listThe chief electoral officer, in accordance with the order of preference on a list, must select the number of candidates from the list that is equal to the number of seats allocated to that list.22.Insufficient listsIn the case of a list containing fewer names than the number of seats allocated to that list, the corresponding provisions of item 10 must be applied to the extent that that item can be applied.23.Filling of vacancies of district councilsIf a councillor elected from a candidates’ list ceases to hold office or the list has become exhausted, the corresponding provisions of item 11 must be applied to the extent that that item can be applied.Schedule 3
Election of municipal office-bearers
1.ApplicationThe procedure set out in this Schedule applies whenever a municipal council meets to elect a speaker, an executive mayor, a deputy executive mayor, a whip, a mayor or a deputy mayor.2.NominationsThe person presiding at a meeting to which this Schedule applies must call for the nomination of candidates at the meeting.3.Formal requirements(1)A nomination must be made on the form determined by the municipal manager.(2)The form on which a nomination is made must be signed by two members of the municipal council.(3)A person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation.4.Announcement of names of candidatesAt a meeting to which this Schedule applies, the person presiding must announce the names of the persons who have been nominated as candidates, but may not permit any debate.5.Single candidateIf only one candidate is nominated, the person presiding must declare that candidate elected.6.Election procedureIf more than one candidate is nominated—(a)a vote must be taken at the meeting by secret ballot;(b)each councillor present at the meeting may cast one vote; and(c)the person presiding must declare elected the candidate who receives a majority of the votes.7.Elimination procedure(1)If no candidate receives a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. This procedure must be repeated until a candidate receives a majority of the votes.(2)When applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidate is to be eliminated.8.Further meetings(1)If only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days at a time determined by the person presiding.(2)If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question.(3)If at the further meeting held in terms of subitem (1) only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, the person presiding at such meeting must determine by lot who of the two candidates will hold the office for which the election has taken place.Schedule 4
Part 1 – Method of allocating councillors elected from party lists to metropolitan subcouncils
1.Allocating seats to parties(1)The seats in the section 63(1)(b) component of a metropolitan subcouncil are allocated to each party in accordance with the following formula (fractions to be disregarded)—
Where—A represents the total number of valid votes cast for each party on the party vote in the area of the metropolitan subcouncil;B represents the total number of valid votes cast for each party on the party vote in the area of the metro council; andC represents the total number of seats allocated to each party in the metro council in accordance with Part 3 of Schedule 1.(2)If all the seats held by councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1 have not been allocated in terms of subitem (1), the remaining number of seats are allocated to the parties represented in the metro council in accordance with the following formula:A — B = CWhere—A represents the total number of seats allocated to a party in the metro council in accordance with Part 3 of Schedule 1;B represents the total number of seats allocated to a party in terms of subitem (1); andC represents a positive number.(3)(a)The number of seats allocated to a party in terms of subitem (2) are distributed amongst the metropolitan subcouncils in sequence of the highest fractions obtained by that party for the respective subcouncils during the calculations in terms of subitem (1).(b)If the fraction for two or more subcouncils is equal, and the number of seats still to be distributed are less than the number of subcouncils to which the equal fractions apply, the party must elect to which of those subcouncils such seats are to be distributed.Part 2 – Principles of allocating councillors elected from party lists to metropolitan subcouncils
2.Principles of allocating seats to partiesThe seats in the section 63(1)(b) component of a metropolitan subcouncil must be allocated to parties represented in the metro council in a manner that will allow parties and interests reflected in the metro council to be fairly represented in the metropolitan subcouncil in a manner consistent with democracy, taking into account the parties and interests reflected in the section 63(1)(a) component of that metropolitan subcouncil.Part 3 – General principles
3.Designation of councillors for metropolitan subcouncilsEach party represented in a metro council must designate from among the councillors not representing wards, its representatives to each metropolitan subcouncil in the municipality with regard to which seats were allocated to it in accordance with Part 1 or the principles set out in item 2.4.Councillors to serve on one metropolitan subcouncil onlyNo councillor may serve on more than one metropolitan subcouncil.5.VacanciesParties must fill vacancies as they occur.Schedule 5
Schedule 6
Schedule 7
Code of conduct for Councillors
Preamble
Councillors are elected to represent local communities on municipal councils, to ensure that municipalities have structured mechanisms of accountability to local communities, and to meet the priority needs of communities by providing services equitably, effectively and sustainably within the means of the municipality. In fulfilling this role, councillors must be accountable to local communities and report back at least quarterly to constituencies on council matters, including the performance of the municipality in terms of established indicators. In order to ensure that councillors fulfil their obligations to their communities, and support the achievement by the municipality of its objectives set out in section 19, the following Code of Conduct is established.1.DefinitionsIn this Schedule "partner" means a person who permanently lives with another person in a manner as if married.2.General conduct of councillorsA councillor must—(a)perform the functions of office in good faith, honestly and in a transparent manner; and(b)at all times act in the best interest of the municipality and in such a way that the credibility and integrity of the municipality are not compromised.3.Voting at meetingsA councillor may not vote in favour of or agree to a resolution which is before the council or a committee of the council, which conflicts with any legislation applicable to local government.4.Attendance at meetingsA councillor must attend each meeting of the municipal council and of a committee of which that councillor is a member, except when—(a)leave of absence is granted in terms of an applicable law or as determined by the rules and orders of the council; or(b)that councillor is required in terms of this Code to withdraw from the meeting.5.Sanctions for non-attendance of meetings(1)A municipal council may impose a fine as determined by the standing rules and orders of the municipal council on a councillor for—(a)not attending a meeting which that councillor is required to attend in terms of item 4; or(b)failing to remain in attendance at such a meeting.(2)A councillor who is absent from three or more consecutive meetings of a municipal council, or from three or more consecutive meetings of a committee, which that councillor is required to attend in terms of item 4, must be removed from office as a councillor.(3)(a)Proceedings for the imposition of a fine or the removal of a councillor must be conducted in accordance with a uniform standing procedure which each municipal council must adopt for the purposes of this item.(b)The uniform standing procedure must comply with the rules of natural justice.6.Disclosure of interests(1)A councillor must—(a)disclose to the municipal council, or to any committee of which that councillor is a member, any direct or indirect personal or private business interest that that councillor, or any spouse, partner or business associate of that councillor may have in any matter before the council or the committee; and(b)withdraw from the proceedings of the council or committee when that matter is considered by the council or committee, unless the council or committee decides that the councillor’s direct or indirect interest in the matter is trivial or irrelevant.(2)A councillor who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the municipality, must disclose full particulars of the benefit of which the councillor is aware at the first meeting of the municipal council.(3)This section does not apply to an interest or benefit which a councillor, or a spouse, partner, business associate or close family member, has or acquires in common with other residents of the municipality.7.Personal gain(1)A councillor may not use the position or privileges of a councillor, or confidential information obtained as a councillor, for private gain or to improperly benefit another person.(2)No councillor may be a party to or beneficiary under a contract for the provision of goods or services to any municipality or any municipal entity established by a municipality.8.Declaration of interests(1)When elected or appointed, a councillor must within 60 days declare in writing to the municipal manager the following financial interests held by that councillor:(a)Shares and securities in any company;(b)membership of any close corporation;(c)interest in any trust;(f)other financial interests in any business undertaking;(g)employment and remuneration;(j)subsidies, grants and sponsorships by any organisation.(2)Any change in the nature or detail of the financial interests of a councillor must be declared in writing to the municipal manager annually.(3)Gifts received by a councillor above a prescribed amount must also be declared in accordance with subitem (1).(4)The municipal council must determine which of the financial interests referred in subitem (1) must be made public having regard to the need for confidentiality and the public interest for disclosure.9.Full-time councillorsA councillor who is a full-time councillor may not undertake any other paid work except with the consent of a municipal council which consent shall not unreasonably be withheld.10.Rewards, gifts and favoursA councillor may not request, solicit or accept any reward, gift or favour for—(a)voting or not voting in a particular manner on any matter before the municipal council or before a committee of which that councillor is a member;(b)persuading the council or any committee in regard to the exercise of any power, function or duty;(c)making a representation to the council or any committee of the council; or(d)disclosing privileged or confidential information.11.Unauthorised disclosure of information(1)A councillor may not, without the permission of the municipal council or a committee, disclose any privileged or confidential information of the council or committee to any unauthorised person.(2)For the purpose of this item "privileged or confidential information" includes any information—(a)determined by the municipal council or committee to be privileged or confidential;(b)discussed in closed session by the council or committee;(c)disclosure of which would violate a person’s right to privacy; or(d)declared to be privileged, confidential or secret in terms of law.(3)This item does not derogate from the right of any person to access to information in terms of national legislation.12.Interference in administrationA councillor may not, except as provided by law—(a)interfere in the management or administration of any department of the municipal council, unless mandated by the council;(b)give or purport to give any instruction to any employee of the council, except when authorised to do so;(c)obstruct or attempt to obstruct the implementation of any decision of the council or a committee by an employee of the council; or(d)encourage or participate in any conduct which would cause or contribute to maladministration in the council.13.Municipal propertyA councillor may not use, take, acquire or benefit from any property or asset owned, controlled or managed by the municipality to which that councillor has no right.14.Councillor in arrearsA councillor may not be in arrears to the municipality for rates and service charges for a period longer than three months.15.Breaches of Code(1)If the speaker of a municipal council, on reasonable suspicion, is of the opinion that a provision of this Code has been breached, the speaker must—(a)authorise an investigation of the facts and circumstances of the alleged breach;(b)give the councillor a reasonable opportunity to reply in writing regarding the alleged breach; and(c)report the matter to a meeting of the municipal council after paragraphs (a) and (b) have been complied with.(2)A report in terms of subitem (1)(c) is open to the public.(3)The speaker must report the outcome of the investigation to the MEC for local government in the province concerned.(4)The speaker must ensure that each councillor, when taking office, is given a copy of this Code and that a copy of the Code is available in every room or place where the council meets.(5)If the speaker of council is the alleged perpetrator, or the speaker refuses to authorise an investigation, the council must establish a special committee, as contemplated in Item 16(1)(b), to investigate and make a finding on any alleged breach of this Code.16.Investigation of breach(1)A municipal council may—(a)investigate and make a finding on any alleged breach of a provision of this Code; or(b)establish a special committee—(i)to investigate and make a finding on any alleged breach of this Code; and(ii)to make appropriate recommendations to the council.(2)If the council or a special committee finds that a councillor has breached a provision of this Code, the council may—(a)issue a formal warning to the councillor;(b)reprimand the councillor;(c)request the MEC for local government in the province to suspend the councillor for a certain period;(d)fine the councillor; or(e)request the MEC to remove the councillor from office.(3)The speaker must inform the MEC for local government in the province concerned within 14 days of the finding and sanction decided on by the council.(4)(a)Any councillor who has been warned, reprimanded or fined in terms of paragraph (a), (b) or (d) of subitem (2) may within 14 days of having been notified of the decision of council appeal to the MEC for local government in writing setting out the reasons on which the appeal is based.(b)A copy of the appeal must be provided to the council by the MEC.(c)The council may within 14 days of receipt of the appeal referred to in paragraph (b) make any representation pertaining to the appeal to the MEC for local government in writing.(d)The MEC for local government may, after having considered the appeal, confirm, set aside or vary the decision of the council and inform the councillor and the council of the outcome of the appeal.(5)The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation as to the appropriate sanction in terms of subitem (2) if a municipal council does not conduct an investigation contemplated in subitem (1) and the MEC for local government considers it necessary(6)The Commissions Act, 1947 (Act No. 8 of 1947), or, where appropriate, applicable provincial legislation, may be applied to an investigation in terms of subitem (4).(7)If the MEC is of the opinion that the councillor has breached a provision of this Code, and that such contravention warrants a suspension or removal from office, the MEC may—(a)suspend the councillor for a period and on conditions determined by the MEC; or(b)remove the councillor from office.(8)Any investigation in terms of this item and any action by the MEC in terms of subitem (7) must be in accordance with section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).17.Application of Code to traditional leaders(1)Items 1, 2, 6, 7, 10 (b) to (d), 11, 12, 13, 15 and 16 (1) apply to a traditional leader who participates or has participated in the proceedings of a municipal council in terms of section 81.(2)These items must be applied to the traditional leader in the same way they apply to councillors.(3)If a municipal council or a special committee in terms of item 16(1) finds that a traditional leader has breached a provision of this Code, the council may—(a)issue a formal warning to the traditional leader; or(b)request the MEC for local government in the province to suspend or cancel the traditional leader’s right to participate in the proceedings of the council.(4)The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation on whether the right of the traditional leader to participate in the proceedings of the municipal council should be suspended or cancelled.(5)The Commissions Act, 1947 (Act No. 8 of 1947), may be applied to an investigation in terms of subitem (4).(6)If the MEC is of the opinion that the traditional leader has breached a provision of this Code, and that such breach warrants a suspension or cancellation of the traditional leader’s right to participate in the council’s proceedings, the MEC may—(a)suspend that right for a period and on conditions determined by the MEC; or(7)Any investigation in terms of this item and any action by the MEC in terms of subitem (6) must be in accordance with the rules of natural justice.(8)The suspension or cancellation of a traditional leader’s right to participate in the proceedings of a council does not affect that traditional leader’s right to address the council in terms of section 81(3).
Where—
Where—
Where—
Where—
Where—
Where—
Where—A represents the total number of valid votes cast for each party on the party vote in the area of the metropolitan subcouncil;B represents the total number of valid votes cast for each party on the party vote in the area of the metro council; andC represents the total number of seats allocated to each party in the metro council in accordance with Part 3 of Schedule 1.