Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 10

Council resolutions

176. Matters before the council of a local government pertaining to—

the budget of the local government, shall be decided by a resolution of the council adopted by a majority of at least two-thirds of all its members; and town planning, shall be decided by a resolution of the council adopted by at least a majority of all its members: Provided that a council may delegate the power to make decisions on matters pertaining to town planning to the executive committee or to a committee appointed for this purpose or to a person in its employ: Provided further that section 177 shall apply mutatis mutandis to the appointment and functioning of a committee appointed for this purpose.

Elections

179. (1) A local government shall be elected democratically, and such election shall take place in terms of an applicable law and at intervals of not less than three and not more than five years.

(2) The electoral system for a local government shall include both proportional and ward representation and shall be regulated by a law referred to in subsection (1).

(3) Subject to section 6, every natural person shall be entitled to vote in an election of a local government if he or she—

is ordinarily resident within the area of jurisdiction of that local government or is under law liable for the payment of property rates, rent, service charges or levies to that local government; and is registered as a voter on the voters’ role of that local government.

(4) A voter shall not have more than one vote per local government.

(5) No person shall be qualified to become or remain a member of a local government if he or she—

is not eligible to vote in terms of subsection (3); is a member of the National Assembly or the Senate; is disqualified from becoming a member of the National Assembly in terms of section 42(1)(a), (b), (c) or (d).

is an employee of a local government (unless, with due regard to the public interest, exemption of this disqualification is given by the Executive Council of the province in which the local government is situated and proof of such exemption accompanies the nomination of such person); or is disqualified in terms of any other law.