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(5) If, at any meeting at which a mayor, chairperson, deputy mayor or deputy
chairperson is to be elected, more than one candidate is nominated for that office, the
election shall be by secret ballot and, if there is an equality of votes between two or more
candidates and the addition of one vote would entitle any of the candidates to be declared
elected to the office, there shall be a second election by secret ballot and, if at that second
election there is again an equality of votes such as is referred to above, the candidate to
whom the additional vote shall be deemed to have been given shall be determined by the
drawing of lots at that meeting.
(6) At a meeting of the council referred to in subsection (4) at which a mayor,
chairperson, deputy mayor or deputy chairperson is to be elected, the proceedings during
that election shall be presided over by the person who, immediately before the election, held
the office of mayor or chairperson or, failing him or her, by the person who at that time held
the office of deputy mayor or deputy chairperson or, in the absence of both such persons, by
a councillor elected by the councillors present to preside at that meeting.
(7) If the person presiding over a meeting to elect a mayor, chairperson, deputy mayor
or deputy chairperson is not a member of the council, he or she shall have no vote in the
election.
104
Functions of mayor, deputy mayor, chairperson and deputy chairperson
(1) The mayor shall preside at all meetings of the council at which he or she is present
and, in the event of an equality of votes on any matter before the council, he or she shall,
subject to sections 103(7) and 290(2)(a), have, in addition to a deliberative vote, a casting
vote.
(2) Whenever the office of mayor or chairperson is vacant or the mayor or chairperson
is absent or incapacitated or fails to act, the deputy mayor or deputy chairperson shall
perform the functions of the mayor or chairperson in terms of this Act or any other law or
any resolution of the council.
(3) Save as otherwise provided in section 103(7), whenever the offices of both the
mayor or deputy chairperson and the deputy mayor or deputy chairperson are vacant or both
the mayor or chairperson and the deputy mayor or deputy chairperson are absent or
incapacitated or fail to act, their functions in terms of this Act or any other law or any
resolution of the council shall be exercised by a councillor appointed by the council for the
purpose or, failing such appointment, by a councillor appointed by the Minister, and such
councillor shall, while performing his or her duties, be designated—
(a) in the case of a municipal council, the acting mayor;
(b) in the case of a town council, the acting chairman.
(3) For the purposes of this section, a certificate under the hand of the town clerk as to
the existence of a vacancy in the office, or the absence or incapacity of the mayor,
chairperson, or deputy mayor or deputy chairperson or the failure of the mayor, chairperson
or deputy mayor or deputy chairperson to act shall be prima facie evidence of that fact.
105
Allowances for mayor, deputy mayor, chairperson and deputy chairperson
(1) Subject to subsection (2)—
(a) a municipal council shall pay to the mayor and deputy mayor; and
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