Mr Johann Mettler, City Manager of the City of Tshwane, has written to the Gauteng Provincial Officer of the Independent Electoral Commission (IEC) this morning, informing him of a casual vacancy that has occurred at the City following the disqualification of Cllr Murunwa Makwarela, a Congress of the People proportional representative councillor.
Cllr Makwarela was elected to the position of Executive Mayor of Tshwane last Tuesday, 28 February 2023.
This disqualification is in terms of Section 158 (1) (c) of the Constitution of the Republic of South Africa, 1996, read with Section 47(1) (c) of the Constitution. Furthermore, this disqualification is also in terms of Schedule 1, Section 19(c) and (d) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998).
Item 18 of Part 3 of Schedule 1 of the Municipal Structures Act, 1998 stipulates that if a councillor elected from a party list ceases to hold office, the Chief Electoral Officer of the IEC must declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy.
In terms of the said act, a party may supplement, change or increase its list at any time, provided that a councillor elected according to the party list ceases to hold office. The vacancy must be filled within 14 days after a 21-day period.
The Congress of the People will therefore have to submit the necessary lists for the filling of this vacancy.
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