Chairpersons of provincial councils

272 Chairpersons of provincial councils (1) At its first sitting after every general election, a provincial council must elect a chairperson from a list of at least two qualified persons submitted by — (a) the political party which gained the highest number of National Assembly seats in the province concerned; or (b) if there is no political party such as is referred to in paragraph (a). the political party which received the highest number of votes cast in the province in that general election for Members of the National Assembly. (2) A person ts qualified for election as the chairperson of a provincial council if he or she ts qualified for election as a Member of the Senate. (3) The office of chairperson of a provincial council ts a public office but does not form part of the Civil Service. (4) Before commencing his or her duties, the chairperson of a provincial council must take before the clerk of the provincial council the oaths of loyalty and office in the forms set out in the Third Schedule. (5) The chairperson of a provincial council may resign by announcing his or her resignation in person to the provincial council. (6) The chairperson of a provincial council must vacate his or her of fice— (a) onthe day on which the provincial council first meets after a general election: (b) if he or she becomes disqualified to be a member of the provincial council; (c) if a resolution for tis or her removal from office is passed by at least two-thirds of the total membership of the provincial council: or (d) if he or she is removed from office by a tribunal referred to in subsection (7). (7) An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing chairpersons of provincial councils from office, but any such removal must only be on the grounds of — (a) inability to perform the functions of their office due to mental or physical incapacity; (b) gross incompetence; (c) gross misconduct; (d) conviction of an offence involving dishonesty, corruption or abuse of office; or (e) wilful violation of the law, including a local authority by-law. (8) A chairperson of a provincial council does not vacate his or her office execpt in accordance with this section.