#IMadeMyMark: Who can stand as candidates?

With the increase and decrease in Covid-19 infections and the recent unrest in the country, many people found themselves asking whether the elections will proceed in October.

Though the Electoral Commission of South Africa (IEC) decided to go to court to have the elections postponed from October, so far, the elections are proceeding, pending the outcome.

Whether they will be held in October as planned or postponed to early next year, it is important to know and ask yourself important questions, such as Who can stand as candidates?

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The Constitution says:
• Candidates must live in the municipal area and must be a citizen who is entitled to vote in the area. (A ward candidate doesn’t have to live in the ward where they stand but they have to live in the municipality.)
• Candidates may not have been declared un-rehabilitated insolvents (declared bankrupt by a court) or of unsound mind (also by a court order).
• Candidates may not be people working for the council or employees of another government department who have been excluded by national legislation from standing.
• Any elected public representative/s serving in another council or other level of government may not stand (MPs, MPLs and councillors in other municipalities).
• Anyone sentenced to more than 12 months in prison after the end of 1996 may not stand.

The other laws and regulations that apply to candidates are:
• Councillors must be on the voters’ roll in the municipality where they live.
• Proportional Representation (PR) candidates must be nominated by a registered party.
• Ward candidates can be nominated by a registered party or, if independent, by 50 registered voters living in the ward.
• No one may stand as an independent in a ward and on a PR list for a party.
• If a party candidate is both a PR and ward candidate and wins in the ward, they must take up the ward seat.
• A deposit should be paid by parties and independent ward candidates and will be lost if they fail to gain a certain percentage of votes.
• There are no provisions for candidates to be disqualified because of owing money to the municipality (arrears).
Replacing councillors after the election
• Councillors can be disqualified or can resign after the election. If they are party representatives, they could also be expelled or resign from the party.
• When a ward councillor resigns or is disqualified, a by-election will be held. If a ward councillor stood with a party symbol next to their name, they must leave their seat if they stop being a member of that party, unless it is during the floor-crossing period. An independent who joins a party after the election also has to leave their seat.

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