ANALYSIS OF THE MINDSET
Principle 9: Diversity
19. Annexures
Annexure A: Procedures and criteria for running Ward Committees' Elections
Annexure B.Code of Conduct for members
Annexure 1
(JJrocedures andCriteriafor Ward Committees' elections
EThekwini Municipality hereby makes the following rules regulating the procedure to elect members of Ward Committees as required by the Municipal Structures Act, No. 117 of 1998, Section 73 (3)(a):
A1. The Office of the Speaker shall instruct Community Participation and Action Support Unit to co-ordinate meetings for election purposes.
A2. Community Participation and Action Support Unit shall serve an Electoral Body that will be charged with the responsibility of handlingand overseeing the election process in terms of the procedures set in the Rules regulating the establishment and operation of Ward Committees.
A3. Voters must be residing within the ward concerned. Electoral Body may use one of the following to verify if people reside in the ward or not:
i. Stickers on Identity Documents obtained from the Independent Electoral Commission when people vote or register to vote;
ii. Voters' roll;
iii. Utility bills or any other proof of residence.
A4. A person elected as a member of a Ward Committee must be a registered voter within the ward concerned.
AS. The Electoral Body shall ensure that:
a. There is a schedule indicating dates, timesand venues for all meetings;
b. Meetings are well publicized for community members and stakeholders within the ward to attend;
c. Although no quorum for the elections is required, each meeting must be attended by not less than one hundred (100) community members;
d. An attendance registeris completed;
e. Elections are free and fair and
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f. All records of proceedings during the launch meetings are safely kept.
A6. Aperson working for eThekwini Municipality cannot be voted for but he or she has the right to vote.
A7. Aperson elected should not be in arrears to the Municipality for rates or service charges for a period longer than three (3) months not unless satisfactory arrangements to settle arrears have been made with relevant department(s).
AS. Aperson should not bean unrehabilitated insolvent.
A9. Aperson should not be placed under curatorship.
AiO. Aperson should not be elected who after 1997 has been convicted of an offense and sentenced to imprisonment without the option of a fine for a period of not less that twelve (12) months;
Aii. Persons of unsound mind who have been declared so by a competent court cannot be elected.
Ai2. Members nominated for election must be active in either sectors or geographic areas operating within the ward concerned.
Ai3. The model for elections is open for voters to use their right to choose members of the committee. Voters shall be advised to take into cognizance the representation of the followinq:
i. Vulnerable groups especially women and youth;
ii. Sectors and iii. Geographic areas
Ai4. Nominations for candidates shall be open for not more than two hundred percent (200%) of the elected membership of the committee.
AiS. Each nomination must be seconded by 20% of members present in order to qualify for
candidacy.
A16. Closure of nominations may be proposed when there are ten (10) nominations or when voters deem necessary. The majority of community members present in the meeting must second closure.Ifclosure at the tenth nomination is proposed and seconded by the majority then voting shall not take place.Ifnominations exceed ten, then voting shall take place.
A17. Ratification of members who were previously elected may be suggested provided that the majority is in agreement with the view.
A1S. Each community member has a right to vote for not more than ten members. The Electoral Body shall ensure that there is no voter who votes for more than ten times.
A19. Voting shall take place by show of hands with voting cards.
A20. Any disputes and objections on the election process may be lodged through the
A21. Speaker's Office within three (3) days after the date of elections. Any dispute lodged after this stipulated time shall not be considered. The Speaker shall then refer disputes and objections to Adjudicating Panel led by Legal Section. The Adjudicating Panel shall (within 5 days after the objection or dispute has reached the Speaker's Office) do an investigation and determination thereof.
A22. Within 14 days after the date of elections, the Electoral Body shall do
verification of elected members in terms ofA7to A10to ensure that all members qualify to serve on a Ward Committee .
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Annexure 2
Code of Conductfor Ward Committee 9dem6ers
A member of the Ward Committee must perform the functions of the Ward Committee in good faith and without fear, favour or prejudice.
Amember of the Ward Committee may not use the position or privilegesof a member for privategain, or to improperly benefit another person.
A member of the Ward Committee may not act in any other way that compromises the credibility, impartiality, independence or integrity of the Ward Committee.
A member of the Ward Committee must adopt the principle of accountability to the community and other politicalparties.
A member of the Ward Committee must be accessible for the community and ensure that all role-playerscan relate to the process and the issues at hand and are able to make their input into the processes of Ward Committee.
A member of the Ward Committee must adopt the principle of transparency to promote openness, sincerity and honesty among the role-players in a participation process and promote the existence of trust and respect for integrity of each role player and a commitment by all to the overriding objectives of the process in the interest of the common good.
A member of the Ward Committee must recognise diversity and understand the differences associated with race, gender, religion, ethnicity, language, age, economic status and sexual orientation,among others.
A member of the Ward Committee must embrace all viewsand opinions in the process of community participation. Special effort should be made to include previously disadvantaged persons and groups, including women and youth in the process of Ward viii.