Resolutions taken by the provincial executive councils (cabinets) and subsequently by the National Council of Provinces to dissolve one district council in the North West and local municipal councils in Kwazulu-Natal and the Eastern Cape have triggered by-elections spanning all wards in seven municipalities on 26 November 2014.
The councils were dissolved in terms of Section 139 of the Constitution which allows provincial executive councils to dissolve a municipal council and call for fresh elections in exceptional circumstances where the municipality cannot fulfil its functions and obligations.
This “last resort” mechanism has seldom been employed in democratic South Africa. Among these dissolved councils is the Mpofana Municipality in Mooi River, which was dissolved by the Cogta MEC after violent protests.
Other municipalities that were dissolved include Inkwanca (Molteno) in the Eastern Cape and Ngaka Modiri Molema District Council in North West.
“The effect is municipal elections across 111 wards in the seven municipalities. In addition, regular by-elections (due to resignation or death of the councillors) are also scheduled for a further 21 wards around the country bringing to 132 the number of by-elections being held on this day. This is just one less than the total number of ward by-elections held during the 2013/14 financial year,” commented Independent Electoral Commission.
