ELECTORAL ACT ____________________________________________________________________________________ or (b) he or she is a member of Parliament; or (c) in terms of the law in force in any country, he or she has— (i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or (ii) made an assignment or arrangement or composition with his or her creditors which has not been rescinded or set aside; or (d) during the five years immediately preceding the date of his or her proposed nomination as a candidate, he or she has been convicted of contravening section 48 of the Rural District Councils Act [Chapter 29:13], section 107, 108 or 109 of the Urban Councils Act [Chapter 29:15] or an equivalent provision of any Act repealed by the latter Act; or (e) he or she has been convicted of an offence involving dishonesty; or (f) subject to subsection (3), he or she holds an office of profit under or in the gift of a local authority, not being a local authority that will be abolished on or before the date he or she would assume office if elected; or (g) subject to subsections (4) and (5), he or she holds an office of profit under the State; or (h) on— (i) the nomination day in question; or (ii) the day of the election in question; as the case may be, he or she is in default with the payment of any levy, rate, charge or tax due and payable to the council concerned, and has been in such default for more than one hundred and twenty days; or (i) he or she is suspended in terms of section 157 of the Rural District Councils Act [Chapter 29:13] or section 114 of the Urban Councils Act [Chapter 29:15], as the case may be, from exercising all his or her functions as a councillor or, having been 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— 109

Select target paragraph3

Add to table of contents