4. Section 62 of the Structures Act is hereby amended by the insertion in subsection (1) after paragraph (c) of the following paragraph:

"(cA) determines a method/mechanism for the appointment of councillors referred to in section 63(1)(b) that complies with Schedule 4;".

5. Section 63 of the Structures Act is hereby amended by the substitution in subsection (2) for paragraph (b) of the following paragraph:

"(b) be appointed to the metropolitan subcouncil in accordance with the method/mechanism referred to in section 62(1)(cA) [with Schedule 4].".

10. The following Schedule is hereby substituted for Schedule 4 to the Structures Act:

"SCHEDULE 4

4. Parties must fill vacancies as they occur.".

________________________________________________________________________

4. Section 62 of the Structures Act is hereby amended by the insertion in subsection (1) after paragraph (c) of the following paragraph:

"(cA) determines a method/mechanism for the appointment of councillors referred to in section 63(1)(b) that comp[lies with Part 2 of Schedule 4

5. The following section is hereby substituted for section 63 of the Structures Act:

"Composition

63. (1) Each metropolitan subcouncil consists of –

(a) the councillors representing the wards included in the subcouncil area; and

(b) an additional number of councillors [determined by the metro council so that the combined total of paragraph (a) and this paragraph is substantially in the same proportion to the total number of councillors in the council as the number of registered voters in the area of the subcouncil is in proportion to the total number of registered voters in the municipality] allocated in terms of Part 1 of Schedule 4 or the method/mechanism referred to in section 62(1)(cA), as the case may be.

2. The councillors referred to in subsection (1)(b) must –

(a) consist of councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1; and

(b) be appointed to the metropolitan subcouncil –

(i) in accordance with Part 1 of Schedule 4; or

(ii) where the composition of the metro council in question has changed as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, in accordance with the method/mechanism referred to in section 62(1)(cA).

(3) Item 3 of the Code of Conduct for Councillors set out in Schedule 1 to the Local Government: Municipal Systems Act, 2000, does not apply to the speaker, executive mayor or a member of the executive committee, as the case may be, in respect of meetings of a metropolitan subcouncil of which such an office bearer is a member.".

10. The following Schedule is hereby substituted for Schedule 4 to the Structures Act:

"SCHEDULE 4

1. (1) The seats in the section 63(1)(b) component of a metropolitan subcouncil are allocated to each party in accordance with the following formula (fractions to be disregarded) –

Where –

A represents the total number of valid votes cast for each party on the party vote in the area of the metropolitan subcouncil;

B represents the total number of valid votes cast for each party on the party vote in the area of the metro council; and

C represents the total number of seats allocated to each party in the metro council in accordance with Part 3 of Schedule 1.

(2) If all the seats held by councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1 have not been allocated in terms of subitem (1), the remaining number of seats are allocated to the parties represented in the metro council in accordance with the following formula:

A – B = C

Where –

A represents the total number of seats allocated to a party in the metro council in accordance with Part 3 of Schedule 1;

B represents the total number of seats allocated to a party in terms of subitem (1); and

C represents a positive number.

(3) (a) The number of seats allocated to a party in terms of subitem (2) are distributed amongst the metropolitan subcouncils in sequence of the highest fractions obtained by that party for the respective subcouncils during the calculations in terms of subitem (1).

(b) If the fraction for two or more subcouncils is equal, and the number of seats still to be distributed are less than the number of subcouncils to which the equal fractions apply, the party must elect to which of those subcouncils such seats are to be distributed.

5. Parties must fill vacancies as they occur.".

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INSERTION OF NOTE

1. That the following Note be inserted on page 2 to precede the heading "BILL":

[ ] Words in bold type in square brackets indicate omissions from existing enactments.

______ Words underlined with a solid line indicate insertions in existing enactments

LONG TITLE

1. That the Long Title be rejected.

NEW LONG TITLE

1. That the following be a new Long Title:

PREAMBLE

1. On page 2, in the twentieth line, to omit the expression "section 158A of the Constitution" and to substitute the expression "Schedule 6A to the Constitution".

CLAUSE 1

1. That the Clause be rejected.

NEW CLAUSES

1. That the following be new clauses:

1. Section 26 of the Local Government: Municipal Structures Act, 1998 (hereinafter referred to as the Structures Act) is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:

"(b) is appointed as a representative of a local council to a district council for a period ending when the next local council is declared elected, except that where such a person is replaced as a result of the provisions of item 6(b) of Schedule 6A to the Constitution, the newly appointed representative is appointed for the remainder of the replaced representative’s term.".

2. Section 27 of the Structures Act is hereby amended by the deletion of paragraphs (c) and (f).

3. Section 29 of the Structures Act is hereby amended by the addition of the following subsection:

"(3) Where the composition of a municipal council has been changed as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, the speaker of that council must, subject to item 6(a) of Schedule 6A to the Constitution, convene council meetings for purposes of dealing, amongst others, with the consequences of such a change, the first of which meetings must –

(b) in the case of a district council, take place within seven days after the expiry of the period referred to in item 6(b) of Schedule 6A to the Constitution.".

6. The following section is hereby substituted for section 66 of the Structures Act:

"Term of office of members

66. (1) The section 63(1)(b) members of a metropolitan subcouncil are [elected] appointed for a term ending, subject to subsection (2) and section 67, when the next metro council is declared elected.

(2) Where a section 63(1)(b) member of a metropolitan subcouncil is replaced as a result of the provisions of item 6(a) of Schedule 6A to the Constitution, the newly appointed member is, subject to section 67, appointed for the remainder of the replaced member’s term.".

7. The following section is hereby inserted after section 93 of the Structures Act:

"Special measures for the application of item 6 of Schedule 6A to the Constitution

93A. Where the provisions of item 6 of Schedule 6A to the Constitution apply, the requirement of prior notice referred to in sections 40, 53(1) and 58, respectively, does not apply to meetings of a municipal council during the period referred to in item 6(a) of Schedule 6A to the Constitution.".

8. The following item is hereby substituted for item 10 of Schedule 1 to the Structures Act:

"Submission of lists of candidates

10. (1) A list of candidates may be submitted only by a party.

(2) A party that has gained representation in a municipality as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, may submit a list of candidates within seven days after the expiry of a period referred to in item 4(1) of Schedule 6A to the Constitution.".

9. The following item is hereby substituted for item 4 of Schedule 2 to the Structures Act:

"Submission of lists of candidates

4. (1) A list of candidates may be submitted only by a party.

(2) A party that has gained representation in a municipality as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, may submit a list of candidates within seven days after the expiry of a period referred to in item 4(1) of Schedule 6A to the Constitution.".

11. The Table of Contents of the Structures Act is hereby amended –

(a) by the substitution for the reference to Schedule 4 of the following reference:

"SCHEDULE 4

4. Vacancies"; and

(b) by the ins