Ward Committee Members: What Qualifies
In South Africa, the question of whether owning a property in a ward while living in a different city qualifies a member as a resident is a complex one.
Legal Perspective
The Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) does not provide a clear definition of “residence” in the context of ward committee membership. However, the Act does require that ward committee members must be “residents” of the ward.
Case Law and Interpretation
In South African case law, the concept of “residence” has been interpreted to mean a person’s ordinary or permanent place of abode. In the context of ward committee membership, it is likely that the courts would interpret “residence” to require a level of physical presence and connection to the ward.
Owning Property vs. Residing in the Ward
Owning a property in the ward while living in a different city may not necessarily qualify a member as a resident. The fact that a person owns property in the ward does not automatically establish them as a resident, as they may not have a permanent or ordinary place of abode in the ward.
Municipal By-Laws and Policies
Municipal by-laws and policies may provide further guidance on the definition of “residence” for ward committee membership. However, these by-laws and policies must be consistent with the Local Government: Municipal Structures Act and other relevant legislation.
In conclusion, owning a property in a ward while living in a different city may not qualify a member as a resident for the purposes of ward committee membership. The question of residence is complex and may require further clarification through case law or municipal by-laws and policies.
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