ELECTORAL ACT (as amended at 24th January 2008) dismissed in terms of either of those sections, he or she is disqualified under the section concerned from nomination or election as a councillor. (3) A person shall not be regarded as holding an office of profit under or in the gift of a local authority by virtue of his or her receiving— (a) any payment or allowance paid to a councillor in terms of the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15] arising out of the performance of his or her duties as a councillor, whether such duties are of a special or general nature; or (b) any remuneration payable to a member of an executive committee in terms of section 95 of the Urban Councils Act [Chapter 29:15]; or (c) any allowance at a rate not exceeding such amount as may be prescribed under the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15], as the case may be, which is paid to a person for services on any board, committee or similar body established by or under any enactment, where that person receives no other payment for such services; or (d) any pension payable in terms of the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15]. (4) For the purposes of paragraph (g) of subsection (2), a person shall not be regarded as holding an office of profit under the State— (a) unless he or she is in the continuous and regular employment of the State in respect of which he or she receives a wage or salary; (b) by virtue of the fact that— (i) he or she is in receipt of a pension which is payable by the State; or (ii) he or she is an officer or member of the Defence Forces whose services in peace-time are not wholly in the employment of the State; or (iii) he or she is an officer or member of the Reserve Force of the Police Force whose services are not wholly in the employment of the State; or (iv) he or she is a consultant whose services are not wholly retained by the State; or (v) he or she is a person nominated by or with the approval of the council to serve as a member of a commission, board or similar body established under any enactment; or (vi) he or she is a commissioner appointed in terms of the Commissions of Inquiry Act [Chapter 10:07]. (5) A member of the Public Service shall be eligible for nomination as a candidate and for election as a councillor if the Secretary of the Ministry in which he or she is employed, with the concurrence of the Public Service Commission, has certified in the prescribed form that any of his or her duties as a councillor, should he or she be elected, would not conflict with his or her duties as an employee of the State. (6) A councillor or former councillor may be re-elected to the council if he or she is qualified to continue as a councillor. - 77 -