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14.5 Provincial councils
(1) There is a provincial council for each province, except the metropolitan provinces,
consisting of—
(a) the Provincial Governor appointed in terms of section 14.9, who is the chairperson of
the provincial council;
(b) all the members of the National Assembly whose constituencies fall within the
province concerned;
(c) the women members of the National Assembly who are elected in terms of section
6.9(1)(b) from the province concerned;
(d) the mayors and chairpersons, by whatever title they are called, of all urban and rural
local authorities in the province concerned;
(e) the senators, including the Senator Chiefs, elected from the province concerned;
(f) ten persons elected by a system of proportional representation referred to in subsection
(3);
(g) the two senator chiefs elected from the province concerned in terms of section
6.5(1)(b); and
(h) the president and deputy president of the national Council of Chiefs, where their areas
fall within the province concerned.
(2) A person is qualified to be elected to a provincial council in terms of subsection (1)(f) if
he or she is qualified for election as a member of the National Assembly.
(3) Elections to provincial councils must be conducted in accordance with the Electoral
Law, which must ensure that the councillors referred to in subsection (1)(f) are elected under a
party-list system of proportional representation—
(a) which is based on the votes cast for candidates representing political parties in the
province concerned in the general election for members of the National Assembly;
and
(b) in which male and female candidates are listed alternately, every list being headed by a
female candidate.
(4) The seat of a member of a provincial council referred to in—
(a) paragraph (a) of subsection (1) becomes vacant if the member ceases to be Provincial
Governor;
(b) paragraph (b), (c), (e) or (g) of subsection (1) becomes vacant if the member vacates
his or her seat in Parliament;
(c) paragraph (d) of subsection (1) becomes vacant if the member ceases to be a mayor or
chairperson of a local authority in the province concerned;
(d) paragraph (f) of subsection (1) becomes vacant in the circumstances set out in section
6.14, as if the member were a member of Parliament.
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