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Regional Services Councils Act, 1985 (Act No. 109 of 1985)

9. Apportionment of votes in council

 

(1)

(a) Subject to the provisions of subsection (2), every local body represented on a council shall in respect of the decisions of the council be entitled to cast such number of votes as is equal to the proportion, expressed as a percentage, between the amount paid by any local authority or management body and the persons in their areas of jurisdiction or the members of a representative body, as the case may be, for the provision by the council of regional services (excluding regional services provided in any industrial area or central business area which the Administrator shall, subject to the provisions of section 2 (2) (a) and (b), delimit by notice in the Official Gazette after consideration of a report by the Demarcation Board for Local Government Areas referred to in section 7 of the Promotion of Local Government Affairs Act, 1983 (Act 91 of 1983), which report shall be based on criteria prescribed by the Administrator, by notice in the Official Gazette), and the total amount obtained by the council as a result of the provision of such regional services in that region on behalf of all such local bodies: Provided that, if the Administrator is of the opinion that the basis for the apportionment of votes as determined in this subsection cannot be applied in respect of a specific local body, he may, in order to achieve a result which in his opinion is fair to all persons concerned, subject to the provisions of section 2 (2) (a) determine any other basis according to which the number of votes for such local body shall be determined.
(b) Any person admitted by agreement in terms of section 4 (3) (a) (iii) as a member of the council shall in respect of the decisions of the council in regard to any matter to which the agreement relates, or which has financial implications for the local body, person or institution which he represents, be entitled to cast such number of votes as is specified in the agreement in question.

 

(2)

(a) If there are more than two local bodies in any region, no such local body shall in respect of the decisions of the council be entitled to a number of votes which is in excess of 50 per cent of the total number of votes which may be cast in respect of such decisions.
(b) If a local body would, but for the provisions of paragraph (a), have been entitled to cast a number of votes which is in excess of 50 per cent of the total number of such votes, the number of votes which is in excess of 50 per cent shall be apportioned among the other local bodies in the region concerned in the proportion, expressed as a percentage, which the amount paid by any such local body or the residents represented by it to the council for regional services, bears to the total amount obtained by the council for the provision of regional services to such local bodies.

 

(3)

(a) The number of votes which may be cast by members of a local body in respect of decisions of the council shall be so apportioned by the chairman of the council among the members of that local body that the votes that may be cast by members nominated by a local body, are as far as possible equal.
(b) If a member or his alternate for some reason cannot cast his vote or votes in respect of a decision of the council, the local body concerned may in writing authorise another member to cast the vote concerned, on its behalf.

 

(4)

(a) Subject to the provisions of paragraph (b), the number of votes to which local bodies are entitled shall annually within a period of three months after the end of the financial year of the council be calculated by the council in accordance with subsections (1) and (2) on the basis of a certificate issued by the treasurer of the council, and the apportionment of votes shall apply from such calculation until the following calculation is made.
(b) In respect of the first constitution or any reconstitution of a council, the number of votes to which local bodies shall be entitled shall be determined by the Administrator subject to the provisions of section 2 (2) (a) on the basis of sworn information obtained by him from the local bodies in the region concerned, or on such other basis as he may determine in terms of the proviso to subsection (1) (a).