Chapter 29:15 URBAN COUNCILS ACT remuneration as a councillor and, subject to subsection (8), he shall cease to be a councillor at the expiry of thirty days from the date of such sentence. (8) If, during the thirty-day period referred to in subsection (7), the councillor concerned applies for a free pardon or notes an appeal against the conviction and additionally, or alternatively, the sentence, the question whether he is to continue in office as a councillor shall not be determined until the abandonment or final disposal of the application or appeal, whereupon he shall forthwith cease to be a councillor unless— (a) he is granted a free pardon; or (b) his conviction is set aside; or (c) his sentence is reduced to a term of imprisonment of less than six months; or (d) a punishment other than imprisonment is substituted. (9) For the purposes of subsections (7) and (8)— (a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such term; (b) two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms; (c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended; (d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine. (10) … [Subsection repealed by s. 25 of Act No. 21 of 1997.] 42 Election according to wards [Section repealed by s. 26 of Act No. 21 of 1997.] 43 Election and retirement of councillors [Section repealed by s. 26 of Act No. 21 of 1997.] 44 Notice of election and nomination day [Section repealed by s. 26 of Act No. 21 of 1997.] 45 Nomination of candidates [Section repealed by s. 26 of Act No. 21 of 1997.] 46 Withdrawal of candidature [Section repealed by s. 26 of Act No. 21 of 1997.] 47 Assumption of office by councillor (1) A person who is deemed to have been elected as a councillor at the close of the nomination court in terms of section 103M of the Electoral Act [Chapter 2:01], or who is declared to have been elected in terms of section 103N of that Act following the withdrawal of a candidate, shall assume office— (a) in the case of a first election of councillors, on the date on which the council comes into being; (b) in the case of a by-election to fill a special vacancy on the council, at the time at which the Registrar-General posts a notice at his office in terms of section 103M of the Electoral Act [Chapter 2:01] notifying his election or, as the case may be, declares him to have been elected in terms of section 103N of that Act; (c) in the case of a general election of councillors, on the day following polling day. [Subsection as substituted by s. 27 of Act No. 21 of 1997.] (2) Any person who is elected as a councillor as a result of a poll shall assume office— (a) in the case of a first election, on the date of the coming into being of the council; (b) in the case of any subsequent general election or by-election, on the day following polling day. (3) Before undertaking any duty as such, a councillor shall take and subscribe before the town clerk of the council such oath of loyalty and office as may be prescribed. [Subsection as inserted by s. 27 of Act No. 21 of 1997.] 24

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