Electoral system for a metro council with wards

A metro council, and a local council having wards, must be elected as follows:

• A number of councillors equal to the number of wards in the municipality must be directly elected to represent the wards in the Council; and
• the rest of the councillors must be elected from party lists to represent parties proportionally in the council.

Ward elections

Number of votes

In an election of a councillor for a ward each voter has one vote only, and a voter may vote for one candidate only.

In each ward the candidate who receives the most votes is the elected councillor for that ward. In the event of two or more candidates receiving an equal number of votes, the result will be determined by lot.

Uncontested ward elections

If only one candidate is duly nominated in a ward, an election is not held in that ward and the uncontested ward candidate is deemed to have been elected-

• in the case of an election called for all municipal councils after the term of municipal councils expired with effect from the date set for the election; or
• in the case of a by-election, with effect from the date stated in the time table for the by-election as the final date on which nominations for the by-election may be submitted.

Proportional representation elections

Number of votes

In an election for a metro council each voter has two votes, and may vote for-

• not more than one ward candidate; and
• not more than one party.

Submission of lists of candidates

A list of candidates may be submitted only by a party. A party that has gained representation in a municipality as a result after a change of Party Membership may submit a list of candidates within seven days after the expiry of a period of 15 days (1-15 September) in the 2nd and 4th year from date of election.

Party lists

The number of candidates on a list submitted by a party may not exceed double the number of seats in the metro or local council to be filled from party lists.
The candidates' names must appear on the list in the order of the party's preference, commencing with the first in order of preference and ending with the last.
Every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed through the list.

Quota

The quota of votes for a seat in the metro must be determined in accordance with the following formula (fractions to be disregarded):

A/(B-C)+1

Where-

• A - represents the total number of valid votes cast for all parties, consisting of those cast on the party vote and those cast for ward candidates representing parties;
• B - represents, the number of seats in the metro or local council; and
• C - represents the number of independent ward councillors elected in the election.

If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of factor A be counted as two votes.

Allocating seats

The total number of valid votes cast for each party on the party vote and for the ward candidates representing the party must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled before the Electoral Commission will deduct from the total number of seats to which each party is entitled the number of ward candidates representing that party who were declared elected.

If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose obtaining the aforesaid quota be counted as two votes.

If the calculation yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.

If the surplus for two or more parties is equal the seat must be awarded to the party that obtained the highest number of valid votes.

In an election for a metro council the Electoral Commission must deduct from the total number of seats to which each party is entitled the number of ward candidates representing that party who were declared elected. The result is the number of seats which the party is entitled to fill from its list of party candidates.

If no party is awarded a seat the votes for each party, must be treated in accordance as if they are surpluses.

The Electoral Commission must determine which party candidates are elected by selecting from the party's list, in accordance with the party's order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled, beginning with the first candidate on the list and ending with the lowest ranking candidate.

Uncontested elections

If only one party submitted a list, an election according to proportional representation must not be held for the metro or local council.
The number of seats to which the party is entitled is the total number of seats on the council to be filled by proportional representation.
The chief electoral officer must determine which party candidates are elected by selecting from the party's list, according to the party's order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled.

Procedure if no party applications

If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC for local government must, after consultation with the Commission, determine the date of the election.
Section on by-elections applies to a by-election in terms of this item, to the extent that that section can be applied.

Excessive seats

If, through the election of ward candidates, a party listed on the part of the ballot paper for parties has obtained a number of seats that is equal to, or greater than the total number of seats in the council to which it is entitled that party must not be allocated any seats from its list of party candidates. The seats of ward candidates are not affected.

Insufficient party lists

If a party list contains fewer candidates than the party is entitled to, the Electoral Commission must in writing immediately notify the party of the exact shortfall and request the party to deliver a list supplemented by the name or names of one or more eligible candidates.

Immediately upon receipt of the list the Electoral Commission must allocate the number of representatives, in the order of preference on the list, to which the party is entitled. Provided that:-

• if the party concerned has ceased to exist, the seat or seats must remain unfilled;
• if the party concerned does not deliver a supplemented list, the seat or seats remain unfilled until it delivers a list; or
• if the party concerned delivers a supplemented list containing fewer names than the number of seats to be filled from that list, the seat or seats remain unfilled to the extent of the shortfall until it delivers a further list.

Where seats are unfilled and the vacancies render a quorum for the municipal council impossible, the party concerned forfeits the unfilled seats, and the seats must be filled within 14 days in accordance with the following procedure:-

• If a party forfeits seats, a new quota of votes for a seat must be determined in accordance with the following formula (fractions to be disregarded):

(A-B)/(C-(C-D))+1
Where-

• A - represents the total number of valid votes cast for all parties, consisting of those cast on the party vote and those cast for ward candidates representing parties;
• B - represents the total number of valid votes cast for the party that has forfeited seats, both on the party vote and for ward candidates representing the party;
• C - represents the number of seats in the council;
• D - represents the number of seats awarded to the forfeiting party; and
• E - represents the number of independent ward councillors elected in the election.
• The total number of valid votes cast for each party, both on the party vote and for ward candidates representing the party, excluding the party that has forfeited seats, must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled.
• If the calculation in aforementioned yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus.
• If the surplus for two or more parties is equal, the seat must be awarded to the party that received the highest number of valid votes.
• If a ward candidate representing a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of factors A and B and section 17(5) be counted as two votes.
• In an election for a council that has wards, the Electoral Commission must deduct from the total number of seats to which each party is entitled the number of ward candidates representing the party who were declared elected.
• If no party is awarded a seat the votes for each party must be treated as if they are surpluses.
• The Electoral Commission must determine which party candidates are elected.
• If a party is entitled to an additional number of seats and its list of candidates does not contain a sufficient number of candidates, the party concerned forfeits the unfilled seats and the process provided in this item must be repeated until all seats have been filled or until all listed candidates have been allocated to a vacant seat.

Filling of vacancies

If a councillor elected from a party list ceases to hold office, the chief electoral officer must, subject to item 20, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy.

Whenever a councillor ceases to hold office, the municipal manager concerned must within seven days after the councillor has ceased to hold office, inform the chief electoral officer accordingly.

Where a party list has become exhausted Section 17 adjusted as may contextually be necessary, applies to the supplementation of the list, and if the party fails to supplement its list, or if the party has ceased to exist, the vacancy must remain unfilled.

Filling and amending party lists

Causes of vacancies on lists

A person who is a candidate on a party list ceases to be a candidate and a vacancy arises in the list when the party withdraws the person's name by written notice to the chief electoral officer, or when that person-

• assumes office as a councillor;
• resigns from the list by written notice to the chief electoral officer;
• becomes ineligible to be a candidate;
• is disqualified or removed from the list in terms of any legislation;
• ceases to be a member of the party for which that person was listed as a party candidate; or
• ceases to be ordinarily resident in the municipality to which the list relates.

Filling vacancies and changing the order

A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled as soon as the party in question has supplemented, changed or increased its list, but not later than 14 days after expiry of the 21-day period.

If a party supplements, changes or increases its list it must provide the chief electoral officer with an amended list.

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