Issued by: The Ministry for Provincial Affairs and Constitutional Development
MEDIA STATEMENT BY MINISTER M V MOOSA, MINISTER FOR PROVINCIAL AFFAIRS AND CONSTITUTIONAL DEVELOPMENT ON BY-ELECTIONS AND UPDATED VOTERS' ROLLS
From time to time councillors who have been elected to represent a ward in a municipality may resign, or pass away, or otherwise become unable to remain in office. In this event it is the right of every person who is entitled to vote in that particular ward to elect a new ward councillor from candidates at a by-election.
Vacancies of this kind have thus far been filled in accordance with election regulations which were passed for the 1995 and 1996 municipal elections.
A very important feature is that a voter's name must be on that part of the municipal voters' roll which relates to the ward for which the by-elections is being held. This means that a voter must not only be on the municipal voters' roll but must also live or be liable for rates or service charges in the particular ward for which the by-election is being held.
Since the last municipal voters' rolls were prepared for the 1995 and 1996 municipal elections, new voters have become eligible to vote and even to stand for election.
These new voters include 18 year olds and residents who have recently moved into a municipality or a different ward. Other persons have become ineligible to vote, for example those who have moved to another municipality or to another ward. The names of former voters who have passed away must also be taken off the voters' rolls.
In order to accommodate these changes in the eligibility of municipal voters and candidates, the Minister for Constitutional Development will shortly publish national regulations dealing specifically with municipal by-elections ad updating municipal voters' rolls.
In the case of a councillor who was selected to represent a party from a party list, the vacancy will still be filled in terms of the provincial regulations by simply appointing the next person on the list.
The new regulations will incorporate practically the entire content of the provincial Local Government Transition Election Regulations in so far as these dealt with ward elections or the preparation and certification of a municipal voters' roll. Adaptations have been necessary, but the new regulations are consistent with the general principles and concepts of those provincial regulations. In general, the revised procedures will be familiar not only to practitioners but also to other persons who were involved in the last municipal elections.
In summary, the regulations provide that where a vacancy occurs in a ward, the municipality concerned must compile a new voters' roll (called the "updated voters' roll") and then conduct the by-election to fill the ward vacancy (including nominations) on the basis of that updated roll.
The updated voters' roll is based on the existing municipal voters' roll. In addition however, there is a new voter registration period of twenty days; and two periods for public inspection and objections. Each provincial government - rather than each municipality- is required to appoint a voters' roll revision court (or more if desired) to confirm and certify the content of the new roll.
The obligation to prepare an updated voters' roll is therefore based on the need to hold a by-election. A municipality which does not have a by-election is not required to update its voters' rolls unless required to do so by the premier of the province after consultation with the Minister.
On of the most important features is that while the updated voters' roll applies to the entire municipality, a by-election is confined to a particular ward.
Voter who are resident outside that ward, or voters who are "somewhere" in the municipality but cannot be placed in a ward (i.e "unplaced voters"), will not be on that ward segment of the roll and will therefore not be entitled to vote. This is essential in order to prevent electoral abuses.
However, "unplaced voters" have been given a special extended period in which to supply further information to enable the voters' roll officer to place an "unplaced" voter in a ward.
A new feature is that a person whose name is on the PR party list for a municipality is not permitted at the same time to stand as a candidate in b by-election. If such a person wishes to stand in a by-election he or she will therefore first have to resign from that list. The reason for this is that such a person could otherwise be appointed as a councillor during the by-election period and thus invalidate the by-election.
The period required for a by-election after the updated voters' roll is certified is 55 to 60 days.
The new regulations will come into effect on 1 January 1997. A ward vacancy which has not been filled by that date will have to be filled on the basis of an updated voters' roll and a by-election held in terms of the new regulations.
Issued by the Ministry for Provincial Affairs and Constitutional Development
Enquiries: Robert Willemse Tel: (012) 320 8941
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