Subject to subsections (5), (6) and (7), every chief elected to the Council shall hold office
for a period of five years, but shall cease to hold office if he ceases to be a chief.
(5) Where any chief ceases for any reason to be a member of the Council before the next
elections are due to take place, the provincial assembly that elected such chief to the Council
shall elect another chief from among its members to fill the vacancy created:
Provided that, if the period between the date the vacancy occurs and the date of the next
election is less than six months, the vacancy shall not be filled.
(6) Whenever a person is elected in terms of subsection (5) to fill a vacancy on the Council,
he shall, subject to subsection (4), serve as a member of the Council until the next elections.
(7) A chief whose term of office as a member of the Council expires shall be eligible for reelection.
38 Meetings of Council
(1) Subject to section 38(3) of the Electoral Act [Chapter 2:13] (No. 25 of 2004), the The
Council shall meet at least twice a year at such times and places as it may determine from time
to time in consultation with the Minister.
(2) The Minister shall call a meeting of the Council whenever requested to do so by not
less than one-third of the members of the Council.
(3) On the day or days fixed by the President in terms of section 38(3) of the Electoral Act
[Chapter 2:13] (No. 25 of 2004), the members of the Council shall elect one of their number as
president and another as deputy president of the Council
At the first meeting of the Council following an election, the members of the Council shall
elect one of their number as president and another as deputy president of the Council.
(4) The president of the Council shall preside over the meetings of the Council:
Provided that if for any reason—
(a) the president of the Council is unable to attend a meeting, the deputy president of the
Council shall preside over such meeting;
(b) both the president and the deputy president of the Council are unable to attend a
meeting, the members present shall elect one of their number to preside over such
meeting.
(5) The president or deputy president of the Council may be removed from office by a
majority vote of the members of the Council present at a meeting of the Council and, in such
event, the members shall elect one of their number to fill the vacancy.
(6) In the event of a vacancy in the office of president or deputy president occurring before
the next elections are due, the Council shall elect one of their number to fill the vacancy.
(7) An election for the purposes of subsection (3) or (6) may be combined with the election
of a member or members of Parliament by the Council in its capacity as an electoral college for
the purposes of Part XI of the Electoral Act [Chapter 2:01].
39 Functions of Council
Subject to the Constitution and to any enactment, the functions of the Council shall be¾
(a) to make representations to the Minister concerning the needs and wishes of the
inhabitants of communal and resettlement land; and
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