Constitution of the Republic of South Africa, 1996/2009-04-17/Chapter 7

Composition and election of Municipal Councils

A Municipal Council consists of —

members elected in accordance with subsections (2) and (3); or if provided for by national legislation —

members appointed by other Municipal Councils to represent those other Councils; or both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph.

The election of members to a Municipal Council as anticipated in subsection (1)(a) must be in accordance with national legislation, which must prescribe a system —

of proportional representation based on that municipality’s segment of the national common voters roll, and which provides for the election of members from lists of party candidates drawn up in a party’s order of preference; or of proportional representation as described in paragraph (a) combined with a system of ward representation based on that municipality’s segment of the national common voters roll.

An electoral system in terms of subsection (2) must result, in general, in proportional representation.

If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation. …

A person may vote in a municipality only if that person is registered on that municipality’s segment of the national common voters roll.

The national legislation referred to in subsection (1)(b) must establish a system that allows for parties and interests reflected within the Municipal Council making the appointment, to be fairly represented in the Municipal Council to which the appointment is made.

Membership of Municipal Councils

Every citizen who is qualified to vote for a Municipal Council is eligible to be a member of that Council, except —

anyone who is appointed by, or is in the service of, the municipality and receives remuneration for that appointment or service, and who has not been exempted from this disqualification in terms of national legislation; anyone who is appointed by, or is in the service of, the state in another sphere, and receives remuneration for that appointment or service, and who has been disqualified from membership of a Municipal Council in terms of national legislation; anyone who is disqualified from voting for the National Assembly or is disqualified in terms of section 47(1)(c), (d) or (e) from being a member of the Assembly; a member of the National Assembly, a delegate to the National Council of Provinces or a member of a provincial legislature; but this disqualification does not apply to a member of a Municipal Council representing local government in the National Council; or a member of another Municipal Council; but this disqualification does not apply to a member of a Municipal Council representing that Council in another Municipal Council of a different category.

A person who is not eligible to be a member of a Municipal Council in terms of subsection (1)(a), (b), (d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation.

Vacancies in a Municipal Council must be filled in terms of national legislation.