Composition and election of Municipal Councils

(1) A Municipal Council consists of— (a) members elected in accordance with subsections (2) and (3); or (b) if provided for by national legislation— (i) members appointed by other Municipal Councils to represent those other Councils; or (ii) both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph. [Sub-s. (1) substituted by s. 1 (a) of the Constitution Eighth Amendment Act of 2002 and by s. 3 of the Constitution Fifteenth Amendment Act of 2008.] (2) 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— (a) 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 (b) 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. (3) An electoral system in terms of subsection (2) must result, in general, in proportional representation. [Sub-s. (3) substituted by s. 1(b) of the Constitution Eighth Amendment Act of 2002.] (4) (a) 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. (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.