WHEREAS both rural and urban municipalities are governed by the same legislation, being The Local Government Election Act, 2015, and have little need for different election procedures concerning by-elections, or when an incumbent from an even division wishes to run for reeve in a general election for the reeve and odd divisions.

WHEREAS the election procedures differ for by-elections and general elections for the reeve and odd divisions in Sections 71(1)(a)(ii), 71(2), 72(1)(b), 72(2), and 72(3)(b).

WHEREAS requiring current councillors to resign before a by-election, or before running for reeve during a general election for the reeve and odd divisions, is inconsistent with the provisions for urban municipal councillors running for mayor in a mayoral by-election.

WHEREAS requiring current councillors to resign before a by-election, or before running for reeve during a general election for the reeve and odd divisions, can create a lack of quorum if there is interest amongst multiple current council members.

WHEREAS requiring current councillors to resign to run in a by-election, or before running for reeve during a general election for the reeve and odd divisions, necessitates that further by-elections must be held to fill council vacancies.

WHEREAS running numerous successive by-elections is both expensive and time-consuming for a municipality.

BE IT RESOLVED that SARM lobby the provincial government to amend Section 72 of The Local Government Election Act, 2015 to include a provision similar to Subclause 71(1)(a)(ii) and Subsection 71(2) to allow current councillors the ability to run for reeve in a by-election, or for incumbents in even divisions to run for reeve in a general election for the reeve and odd divisions, without needing to resign prior to nomination OR to remove the provisions in Subsection 72(2) and Clause 72(3)(b) which force such resignations and amend Section 71 to apply to both urban and rural municipalities.