Cooperative Governance on Formulae for the determination of number of councillors in terms of Section 20 of the Local Government: Municipal Structures Act, 1998

Formulae for the determination of number of councillors in terms of Section 20 of the Local Government: Municipal Structures Act, 1998

As you are aware, the Minister of Cooperative Governance and Traditional Affairs is required, in terms of section 20 of the Local Government: Municipal Structures Act, 1998[1], to determine and publish a formula by notice in the Government Gazette; this formula must in turn inform the MECs formulae to be published in the Provincial Gazette in terms of section 18(3) of the Structures Act, determining the specific number of councillors for each municipality in the province.

In fulfilment of the legislative powers referred to above, the Minister had published in the Government Notice 5249 in the Government Gazette No. 51331 of 2 October 2024, the formulae for the determination of the number of councillors for the different categories of municipalities in preparations for the 2026 / 2027 Local Government Elections (LGEs)[2] (Copy Attached).

After the formulae are finalised by the Minister, MECs are now required to publish the Notice contemplated in paragraph 1 above in their respective Provincial Gazette. In applying the formula, the MECs to note that any deviation considered necessary must comply with the provisions of section 20(3) and (4) of the Structures Act, and must be done with the concurrence of the Minister.

To assist with the determination to be made by the MEC, the attached schedule sets out the following:
Name of municipality;
Present number of councillors;
Number of registered voters as at 12 March 2024;
Number of councillors as determined by application of the formulae;
Possible deviation; and
Proposed number of councillors.

Once the concurrence is obtained from the Minister for any deviation from what the formulae generates, the HOD is required to urgently facilitate the publication of the Notice in the Provincial Gazette.

You are requested to request the concurrence of the Minister within 7 days of the date of this letter, and the Department will revert within seven days from the receipt for concurrence from the Province.

Any delay to finalise this matter will negatively impact the ward delimitation programme of the Municipal Demarcation Board (MDB), and the subsequent electoral related processes to be undertaken by the Independent Electoral Commission, in preparation for the next local government elections.

Further enquiries relating to the formulae for the determination of the number of Councillors may be directed to the following officials in the Department of Cooperative Governance:

Official Contact details

1. Mr. Nhlamulo Mathye (Acting Director)
Tell: (012) 395 4699
Cell: (066) 484 9210
Email: NhlamuloM@cogta.gov.za

2. Mr. Wandile Khumalo
(Assistant Director)
Tell: (012) 334 0840
Cell: (076) 631 2784
Email: WandileK@cogta.gov.za

[1] Hereinafter referred to as “the Structures Act”.

[2] Date to be determined by the Minister in terms of section 24 of the Structures Act.