Chapter 29:15 URBAN COUNCILS ACT 318 Ballot or meeting of voters (1) A council shall— (a) in the case of any matter which is a matter for decision by the council exclusively, upon a resolution passed by a majority of two-thirds of the total membership of the council; or (b) in the case of any matter in respect of which a reference to the President or the Minister is required, if directed by the Minister; hold a ballot or a postal ballot among, or call a meeting or, voters to ascertain their views on such matter. (2) Notice of a ballot or meeting referred to in subsection (1) shall— (a) specify the date of the ballot or meeting, which shall be not less than fourteen and not more than twenty-one days after the posting or first publication, as the case may be, of the notice and, in the case of a meeting, the time when it will commence and place where it will be held; (b) be given— (i) by post to all voters; or (ii) in two issues of a newspaper and posted at the office of the council. (3) The mayor or chairman of the council shall preside at any meeting referred to in subsection (1) and shall cause to be made all arrangements necessary for the proper conduct, and the taking of minutes, of the proceedings thereof and to ensure that only voters attend such meetings: Provided that if the mayor or chairman is not present at the meeting the deputy mayor or deputy chairman, as the case may be, shall preside and if he is also not present at the meeting, the voters at the meeting shall elect a councillor or, if no councillor is present, one of the voters present, as chairman to preside at that meeting. (4) The views of the voters at a meeting referred to in subsection (1) shall be ascertained and any proposal made at such meeting on the subject for which the meeting was called shall be voted on by a show of hands of voters present and the minutes of the meeting shall record the number of voters voting in favour of, and the number of voters voting against, any such proposal. (5) Part XIXA of the Electoral Act [Chapter 2:01] shall apply, mutatis mutandis, to the holding of a ballot in terms of this section. [Subsection as substituted by s. 39 of Act No. 21 of 1997.] (6) As soon as possible after the close of the ballot the returning officer shall, with the assistance of such officers as may be appointed by him, ascertain the result of the ballot and advise the mayor or chairman of the council, as the case may be, of such result. (7) The council shall, at a meeting held before the end of the calendar month next following the month in which the ballot or voters’ meeting was held, consider the results of such meeting or ballot of voters and make such resolution in the light of the results as it thinks fit. (8) The town clerk shall give notice in a newspaper or by post to all voters within fourteen days of the council meeting held in terms of subsection (7) of the result of any ballot or meeting held in terms of this section, together with any resolution of the council in terms of subsection (7). (9) All expenses incurred in connection with a meeting or ballot held in terms of this section shall be paid out of the funds of the council. 319 Obstructing council Any person who— (a) at a meeting of a council, creates a disturbance or uses insulting, abusive or obscene language; or (b) threatens, resists, hinders or obstructs a council or any councillor or person or contractor employed by the council in the performance of any thing which it or he, as the case may be, is empowered or required by or in terms of this Act to do; or 130