Following local government elections, one question frequently arises in communities: Must a ward councillor reside in the ward they represent?
Many residents believe that a councillor should live within the ward to which they have been elected. However, the law does not make residence within a particular ward a requirement for becoming a municipal councillor.
Section 158 of the Constitution of the Republic of South Africa provides that every citizen who is qualified to vote for a Municipal Council is eligible to become a member of that council. The provision does not stipulate that an individual must reside in the specific ward they seek to represent.
This means that a person can be elected as a councillor in a particular ward while residing in another ward, provided they meet the relevant eligibility requirements, including being registered to vote in the municipality.
However, while the law does not require a councillor to live in the ward they represent, it places clear obligations on councillors to remain accountable and responsive to the communities they serve.
The Preamble to the Code of Conduct for Councillors, contained in Schedule 7 of the Local Government: Municipal Structures Act 117 of 1998, emphasises that councillors must be accountable to local communities. It further requires them to report back to their constituencies at least once every three months on council matters, including the municipality’s performance against established indicators.
Item 2 of the Code of Conduct also requires councillors to perform their official duties in good faith, honestly and transparently.
Attendance at council meetings is another important responsibility. In terms of Item 4, councillors are required to attend every meeting of the council or committee of which they are members, unless they have been granted leave of absence or are required to withdraw from the meeting.
The Code further provides, under Item 5(2), that a councillor who is absent from three or more consecutive meetings that they are required to attend must be removed from office. Such removal must, in accordance with Item 5(3), follow the municipality’s uniform standing procedure.
Other alleged breaches of the Code of Conduct must be dealt with in terms of Item 15. This requires the Speaker to authorise an investigation, afford the councillor concerned a reasonable opportunity to respond in writing to the allegations, and submit a report on the matter to a meeting of the municipal council.
The issue, therefore, is not necessarily where a councillor resides, but whether they fulfil the responsibilities that come with the position.
A councillor who lives outside the ward they represent is still expected to maintain meaningful contact with residents, attend council meetings, report back on municipal decisions and remain accessible to the community.
Residents should also understand that they are not powerless when their elected representatives fail to fulfil these obligations. Where concerns arise about a councillor’s conduct, accessibility or failure to comply with the Code of Conduct, residents can approach their ward committee or the Speaker’s Office to raise the matter and, where appropriate, lodge a formal complaint.
Ultimately, **representing a community is about accountability, commitment and service, not simply about sharing the same neighbourhood with the people who elected you.**
:::Editorial recommendation: This is an important public education article, particularly following local government elections. It challenges a common misconception while reminding residents that councillors have legally defined responsibilities.
One legal point worth checking before publication: Section 158(1)(a) of the Constitution deals with eligibility for municipal council membership, while the detailed eligibility requirements should also be read alongside Section 158(1)(b) and the Municipal Structures Act. The article should avoid suggesting that voter registration is the only qualification.
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