Page:Constitution of the Republic of South Africa Amendment Act 2002 from Government Gazette.djvu/4



2. The following Schedule is hereby inserted into the Constitution of the Republic of South Africa, 1996:

“ Schedule 6A

Loss or retention of membership of Municipal Councils, after a change of party membership, mergers between parties, subdivision of parties and subdivision and merger of parties, and filling of vacancies

Loss or retention of Council membership

1. (1) A councillor not representing a ward ceases to be a member of a Municipal Council if that councillor, other than in accordance with item 2, 3 or 7, ceases to be a member of the party which nominated that councillor as a member of that Council.

(2) A councillor representing a ward in a Municipal Council ceases to be a member of that Council if that councillor, other than in accordance with item 2, 3 or 7—

ceases to be a member of a party which nominated that councillor as a candidate in the ward election; or

was not nominated by any party as a candidate in the ward election and becomes a member of a party.

Retention of Council membership in event of change of party membership

2. (1) Subject to item 4, a councillor—

not representing a ward, who is a member of a party represented in that Municipal Council (the original party) and who becomes a member of another party (the new party), whether the new party participated in an election or not, remains a councillor of that Council; or

who represents a ward in that Council, remains a councillor for that ward, if that councillor—

was nominated by a party (the original party) as a candidate in the ward election and—

ceases to be a member of the original party and becomes a member of another party (the new party), whether the new party participated in an election or not; or

ceases to be a member of the original party and does not become a member of another party; or

was not nominated by a party as a candidate in the ward election and becomes a member of a party, whether that party participated in an election or not,

if the councillor referred to in paragraphs (a) and (b) (i), whether by himself or herself or together with one or more other councillors who, during a period referred to in item 4 (1) (a) (i) or (ii) ceased to be members of the original party, represent not less than 10 per cent of the total number of seats held by the original party in that Council.

(2) The seat held by a councillor referred to in subitem (1) (a) must be regarded as having been allocated to the new party of which that councillor has become a member.

(3) The ward represented by a councillor referred to in subitem (1) (b) must be regarded as having been—

allocated to the party of which that councillor has become a member; or

acquired by that councillor, if such councillor has not become a member of another party.