ELECTORAL ACT ____________________________________________________________________________________ (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. [120 Qualifications and disqualifications for election as mayor] [Section repealed by s. 31 of Act No. 1 of 2008] When elections to be held 121 Casual or special vacancies in councils to be notified to responsible Minister and Commission (1) A casual or special vacancy on a council shall be notified in writing by the town clerk or chief executive officer of the council concerned to the Minister responsible for the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15], as the case may be, and the Commission, no later than twenty-one days after the town clerk or chief executive officer becomes aware of it. (2) Upon being notified of a vacancy in terms of subsection (1) the Commission shall publish a notice in accordance with section 121A(2). [Section as substituted by s. 66 of Act No. 17 of 2007] 121A Notice of election and nomination day to fill casual or special vacancies in councils (1) A by-election to fill— (a) a casual or special vacancy in a council; or (b) a vacancy arising from— (i) any area added to a council area being constituted as an additional ward; or (ii) the number of councillors of a council area or ward being increased; shall be held on a date fixed by the Commission, which date shall be not less than thirty-five days nor more than ninety days after the date on which the vacancy occurred: Provided that, except where the number of vacancies exceeds one-half of the total number of councillors, no by-election shall be held to fill such a vacancy which occurs within one hundred and eighty days before the day or first day fixed in a proclamation in terms of section 38 of the Constitution as the polling day or first polling day, as the case may be, in a general election. [Subsection amended by s. 48 of Act No. 6 of 2014] 110