Section 272: Chairpersons of provincial and metropolitan councils

(1) At its first sitting after every general election, a provincial or metropolitan 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.

[Subsection amended by s. 19 of Act No. 2 of 2021]

(2) A person is qualified for election as the chairperson of a provincial or metropolitan council if he or she is qualified for election as a Member of the Senate.

[Subsection amended by s. 19 of Act No. 2 of 2021]

(3) The office of chairperson of a provincial or metropolitan council is a public office but does not form part of the Public Service.

[Subsection amended by s. 19 of Act No. 2 of 2021]

(4) Before commencing his or her duties, the chairperson of a provincial or metropolitan council must take before the clerk of the provincial or metropolitan council the oaths of loyalty and office in the forms set out in the Third Schedule.

[Subsection amended by s. 19 of Act No. 2 of 2021]

(5) The chairperson of a provincial or metropolitan council may resign by announcing his or her resignation in person to the provincial or metropolitan council.

[Subsection amended by s. 19 of Act No. 2 of 2021]

(6) The chairperson of a provincial or metropolitan council must vacate his or her office—

    (a) on the day on which the provincial or metropolitan council first meets after a general

election;

    (b) if he or she becomes disqualified to be a member of the provincial or metropolitan

council;

    (c) if a resolution for his or her removal from office is passed by at least two-thirds of the

total membership of the provincial or metropolitan council; or

    (d) if he or she is removed from office by a tribunal referred to in subsection (7).

[Subsection amended by s. 19 of Act No. 2 of 2021]

(7) An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing chairpersons of provincial or metropolitan 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.

[Subsection amended by s. 19 of Act No. 2 of 2021]

(8) A chairperson of a provincial or metropolitan council does not vacate his or her office except in accordance with this section.

[Subsection amended by s. 19 of Act No. 2 of 2021]