PR List Management
Principles & Processes
June 2013
1
Introduction
• Maintenance of PR Lists:
– Pertains only to party lists
– Supplementing, changing,
increasing of candidate lists
– Filling of vacancies
• Governed by the Municipal Structures
Act, 1998, (Act 117 of 1998)
• IEC is responsible for management of PR
lists
2
Legislative Imperatives
• To manage Party lists that occur in
Councils
• To ensure vacancies are filled by
eligible candidates
• To supplement, change and increase
PR list as amended by political parties
3
Causes of Vacancies on Lists
Item 12 – Schedule 2
• Assumes office as a councillor
• Resigns from list by written notice to PEO/CEO
• Becomes ineligible to be a candidate
(Constitution: Section 158)
• Disqualified or removed from the list i.t.o
legislation
• Ceases to be a member of the party that listed the
candidate
• Ceases to be ordinarily resident in the
municipality to which the list relates
4
Causes of Vacancies in Councils
Sect. 27 - MSA
A Councillor:
 Resigns in writing
 No longer qualifies to be a Councillor
 Ceases to be a member of the relevant party
 Contravenes Code of Conduct of Councillors
5
Vacancies: LC Reps to DC
Sect. 27(e) - MSA
• Ceases to be a member of the local
council which appointed the councillor to
the district council
• Replaced by local council as its
representative in the district council
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Filling of PR Vacancy
Process
MUNICIPAL
MANAGER
Vacancy
Declaration
MEO
PEO
Documentation Required
Party Candidate List
Acceptance of Nomination
Head
Office
Process
Amendments
Copy of ID
Filling of Vacancies…





PEO/MEO must make available the name of person
at the top of the applicable party list to be elected
in the vacancy
Amendments to party lists where a vacancy has
occurred must be effected by not later than 21
days after councillor has ceased to hold
The vacancy must be filled within 14 days after
expiry of 21 days period
If the party supplements, changes or increases its
list, it must provide the PEO/MEO with an
amended list
If the party fails to supplement its list or ceased to
exist, the vacancy must remain unfilled
Filling of Vacancies
MSA Schedules 1 & 2 Items 18 (1) & 11 (1)
• (a) 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.
• (b) Whenever a councillor referred to in
paragraph (a) 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.
Filling vacancies &
changing the order
MSA – Schedules 1 & 2 Items 20 (1) & 13 (1)
• (1) 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.
• (2) If a party supplements, changes or increases
its list in terms of sub item (1) it must provide the
chief electoral officer with an amended list.
Notification Process
IEC will only act on a vacancy when a formal
letter is received from the MM
Letter/Notice to contain the ff.




Name of Councillor
ID No. of Councillor
Party represented
Code and name of municipality where a
vacancy has occurred
 No Vacancy will be processed unless
written confirmation & supporting
documents are received
Supporting Documents







Signed letter from Municipal Manager declaring the vacancy
Letter to inform IEC of a vacancy or that councillor ceased to be a
councillor
Vacancy as result of death
 Copy of the death certificate
Resignation from council
 Letter of resignation signed by the councillor
Resignation from party
 Letter of resignation signed by the councillor must not be a date
in the future and must be in line with the date of the MM’s letter
Expelled from Council
 Council minutes showing expulsion from council and be
confirmed by the MEC
Expelled from party
 Expulsion Letter must be signed by the part leader or duly
authorized representative.
MEO Management of Process
 MEO receives notice & either Death Certificate,
Resignation or Expulsion letter from MM
 MEO receives from party to amend PR list
 MEO receives supporting documents confirming
vacation of office by councillor
 MEO refers requests to amend PR list to PEO
 MEO refers documents regarding vacation of
office to PEO
PEO Management of Process
o PEO receives and verifies amendments and
vacancies
o PEO refers amendments/vacancies to HO
o Advise party via MEO in writing of
amendments/vacancies (replacement)
o Maintain records of amendments/vacancies
(replacements)
NO Management of the Process
• Only the CEO or delegated official can declare a
councillor elected.
• Delegated officials are Manager: Voters’ Roll and
Party Liaison and the Senior Manager: Electoral
Matters.
Common Problems
 Vacancy reported late – delay from MM’s office
 Amendment of list after 21- day period expired
 Delay by party to submit outstanding documents
 Dispute emerges within party about
resignation/expulsion
 Dispute emerges w.r.t. declared replacement
 Person not recorded as having assumed office of
councillor
Common Problems… Cont…
Contradictory information from party
regarding replacement
Unauthorized person submitting changes
Lack of follow-up on outstanding
documentation from parties leading to
delay on processing
Inadequate use of CNS
PR changes by MM office not
communicated to IEC
17
Councillor
Audits
18
Legislative Imperative
 In terms of the Municipal Structures Act, it is the
responsibility of the Electoral Commission to
manage the replacement of PR councillors in local
and district councils. This also goes for ward
vacancies.
 Confusion on the part of municipal councils in
terms of the replacement/ filling of vacancies,
leading to the IEC not being aware or managing
replacements.
19
Audit Process
Step 1
 EPCs must obtain a written list of councillors from the
Municipal Manager.
 List must have the following information:
• Name and code of municipality
• Total number of seats for that Municipal Council
• For each Councillor, his or her Name and surname,
ID Number, Party/Independent; and seat
type(PR/WD)
• NB. The ID No. is very important.
20
Audit Process (Cont.)
Step 2
 Audit list by:
 Comparing list obtained from MEO with Candidate
Nomination System (CNS) records.
 How to Access CNS
 Go to http://iec.org.za/cns/
 Select “Reports”
 Select “Local Government Elections”
 Select “Candidate and Councillor Reports”
 Reports selection screen pops up
 Select “Province”
21
Audit Process (Cont.)
 Select “municipality”
 Select “all parties”
 Select PR for election type drop down box
 Click on “View Report”
 Repeat same steps to audit Ward councillor records
(election type)
Step 3
 Record all information on the Report template, and note
the discrepancies.
22
Audit Process (Cont.)
Step 4
 Submit the municipal report to the PEO Electoral Matters
Directorate and follow up on any discrepancies.
 Regional Supervisors to do same for District Councils.
Step 5
 PEO Office to Audit information before submission to
National Office.
23
Common Problems
 Municipalities records in disarray and thus
unreliable;
 MEO Offices not doing a thorough job thus relying
on RS and PEO Office to pick upon discrepancies;
 Discrepancies not followed up and resolved thus
leading to issues remaining unresolved;
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The End
Thank you
for
your time and patience.