Page:Constitution of the Republic of South Africa Amendment Act 2002 from Government Gazette.djvu/6

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Act No. 18, 2002

Constitution of the Republic of South Africa Amendment Act, 2002

Composition of Council maintained until election or by-election, or reconstitution in terms of Schedule

5. After the expiry of a period referred to in item 4 (1) (a), the composition of a Municipal Council, which has been reconstituted as a result of any conduct in terms of item 2 or 3, is maintained until the next election of all Municipal Councils or until the composition of that Municipal Council is reconstituted in accordance with item 2 or 3 or until a by-election is held in that Municipal Council.

Reconstitution by Municipal Councils

6. (a) A Municipal Council referred to in item 5 which appoints members of another Municipal Council, as contemplated in section 157 (1) (b), must within 15 days of the expiry of a period referred to in item 4 (1) (a) (i) or (ii) apply again the procedure provided for in national legislation for appointing such members to represent the appointing Council.

(b)

Within 30 days of the expiry of a period referred to in item 4 (1) (a) (i) or (ii), all the structures and committees of—

(i)

a Category A and a Category B municipality referred to in item 5 must be reconstituted in accordance with applicable law; and

(ii)

a Category C municipality referred to in item 5 must be reconstituted in accordance with applicable law after all the appointments contemplated in paragraph (a) have been made in respect of that Category C municipality.

Transitional arrangement in respect of retention of membership of Municipal Councils in event of change of party membership, merger between parties, subdivision of parties and subdivision and merger of parties

7. (1) During the first 15 days immediately following the date of the commencement of this Schedule—

(a)

a councillor who was elected from the party list of a party represented in a Municipal Council (the original party) may become a member of another party (the new party), whether the new party participated in an election or not, whilst remaining a councillor of the Municipal Council concerned and the seat held by that councillor must be regarded as having been allocated to the new party of which that councillor has become a member;

(b)

a councillor who was elected to represent a ward in a Municipal Council and who—

(i)

was nominated by a party as a candidate in the ward election, may cease to be a member of the original party and become a member of the new party, whether the new party participated in an election or not, or cease to be a member of the original party and not become a member of another party; or

(ii)

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

and the ward represented by such a councillor must be regarded as having been—

(aa)

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

(bb)

acquired by that councillor, if such councillor has not become a member of a party; and

(c)

any political party which is represented in a Municipal Council may—

(i)

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