Chapter 7: Local Government
legislation.
(b) ……
�
Para. (b) deleted by s. 3 of the Constitution Twelfth Amendment Act of 2005.]
�
[Sub-s. (4) substituted by s. 2 of the Constitution Third Amendment Act of 1998.
(5) � A person may vote in a municipality only if that person is registered on that
municipality’s segment of the national common voters roll.
(6) � 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
158. � (1)
(2)
Every citizen who is qualified to vote for a Municipal Council is eligible to be a
member of that Council, except—
(a) 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;
(b) 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;
(c) 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;
(d) � 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
(e) 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
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