Parties short of candidates could lose council seats, IEC warns
Parties that won more seats than they had list candidates could forfeit them, the IEC says. Here are the final steps before councillors are gazetted and new councils sit.
Some parties won more council seats than they had candidates on their lists, and the IEC has warned they could lose those seats if the shortfall stops a council from reaching a quorum (IOL). Filling these gaps is one of the last steps before the IEC can publish the names of new councillors in the Government Gazette and councils can hold their first sittings (Komani News).
Why do some parties not have enough candidates?
Under proportional representation (PR), a party's share of the vote decides how many list seats it gets. A party that did better than expected can end up with more seats than names on its PR list (Komani News).
An Electoral Court ruling on party lists found the law sets no minimum number of PR candidates, and that a party's seat entitlement can only be known once votes are counted and allocated (Conviction).
What was the deadline to fill the gaps?
The IEC notified affected parties on Monday, 9 November, and gave them until 5pm on Wednesday, 11 November, to submit extra names. That deadline has passed (Komani News).
Parties could only fill the shortfall. "It was not an opportunity for parties to change their lists or replace candidates," the IEC said (IOL). Parties may only change lists or replace candidates from a day after the council's first sitting (IOL).
What if one candidate won two seats?
Where a candidate qualifies for more than one seat, the party, or the independent candidate, must choose which seat they will take. If no choice is made, the candidate's name is deleted from the list, and if that affects a ward seat, a by-election follows (The Mercury).
How many council seats are there, and which are still open?
| Seat type | Number |
|---|---|
| Total council seats | 10,526 |
| Local council seats | 8,825 |
| Ward seats (local) | 4,485 |
| PR seats (local) | 4,340 |
| District council seats | 1,701 |
| District seats already filled by district PR ballot | 707 |
| District seats still to be filled by local councillors | 994 |
Source: IOL
The 994 remaining district seats will be filled by local councillors electing representatives from among themselves, a process the IEC will run (IOL).
When will new councils sit?
Once the shortfalls and double-seat cases are settled, the IEC will gazette the final names of elected councillors (IOL). Under section 29(2) of the Municipal Structures Act, municipal managers must call a new council's first meeting within 14 days of it being declared elected (The Mercury).
District councils follow a separate timetable, with their 14 days starting only once all members appointed by local councils are in place (The Mercury).
FAQ
Can parties replace candidates on their lists now?
No. The IEC said parties could only add names to fill a shortfall. Lists can only be changed or candidates replaced from a day after the council's first sitting.
When will the names of new councillors be published?
The IEC will gazette the final names once PR list shortfalls and candidates allocated more than one seat have been resolved.
How are district council seats filled?
Of 1,701 district seats, 707 were filled through the district PR ballot. The other 994 will be filled by local councillors electing representatives from among themselves.
When must a new council hold its first meeting?
Municipal managers must call the first meeting within 14 days of the council being declared elected, under section 29(2) of the Municipal Structures Act.