Page:Constitution of the Republic of South Africa Amendment Act 2002 from Government Gazette.djvu/5



Retention of Council membership in event of mergers, subdivision and subdivision and merger of parties

3. (1) Subject to item 4, any political party (the original party) which is represented in a Municipal Council may—

merge with another party, whether that party participated in an election or not; or

subdivide into more than one party or subdivide and any one subdivision may merge with another party, whether that party participated in an election or not, if the members of a subdivision leaving the original party represent not less than 10 per cent of the total number of seats held by the original party in respect of that Council.

(2) If a party merges with another party or subdivides into more than one party or subdivides and merges with another party in terms of subitem (1), the councillors concerned remain members of that Municipal Council and the seats held by them must be regarded as having been allocated to the new party which they represent pursuant to any merger, subdivision or subdivision and merger as contemplated in subitem (1).

Period of application of items 2 and 3 and further requirements

4. (1) (a) The provisions of items 2 and 3 only apply—

for a period of 15 days from the first to the fifteenth day of September in the second year following the date of an election of all Municipal Councils; and

for a period of 15 days from the first to the fifteenth day of September in the fourth year following the date of an election of all Municipal Councils,

but do not apply during the year ending on 31 December 2002.

For the purpose of paragraph (a) “year” means a period of 365 days.

(2) During a period referred to in subitem (1) (a) (i) or (ii)—

a councillor may only once—

change membership of a party;

become a member of a party; or

cease to be a member of a party,

by informing an officer designated by the Electoral Commission thereof in writing, and if that councillor has changed membership of a party or has become a member of a party, by submitting to that officer written confirmation from the party in question that he or she has been accepted as a member of that party; and

a party may only once—

merge with another party;

subdivide into more than one party; or

subdivide and any one subdivision merge with another party,

by informing an officer designated by the Electoral Commission thereof in writing, and by submitting to that officer written confirmation from the party—

of the names of all councillors involved in such merger or subdivision; and

that it has accepted such merger; and

no party represented in a Municipal Council may—

suspend or terminate the party membership of a councillor representing that party in that Council; or

perform any act whatsoever which may cause such a councillor to be disqualified from holding office as such a councillor in that Council,

without the written consent of the councillor concerned.