South AfricaZA

Article 158 of the Constitution of South Africa

Article
158
Chapter
CHAPTER 6 — PROVINCES
Index row title
(1) Every citizen who is qualified to vote for a Municipal Council is eligible to be a member of that Council, except—
Source document
The South Africa Constitution
Provision ID
513e94cc-179b-4e96-97a2-373296846293

256 words

Verbatim text

(a) anyone who is appointed by, or is in the service of, the municipality and receives remuneration for that appointment or service, and who has not been exempted from this disqualification in terms of national legislation; (b) anyone who is appointed by, or is in the service of, the state in another sphere, and receives remuneration for that appointment or service, and who has been disqualified from membership of a Municipal Council in terms of national legislation; (c) anyone who is disqualified from voting for the National Assembly or is disqualified in terms of section 47(1)(c), (d) or (e) from being a member of the Assembly; (d) a member of the National Assembly, a delegate to the National Council of Provinces or a member of a provincial legislature; but this disqualification does not apply to a member of a Municipal Council representing local government in the National Council; or (e) a member of another Municipal Council; but this disqualification does not apply to a member of a Municipal Council representing that Council in another Municipal Council of a different category. (2) A person who is not eligible to be a member of a Municipal Council in terms of subsection (1)(a), (b), (d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation. (3) Vacancies in a Municipal Council must be filled in terms of national legislation. [Sub-s. (3) added by s. 4 of the Constitution Fifteenth Amendment Act of 2008.]Chapter 7: Local Government Terms of Municipal Councils

What this means

  • The index files this text under article 158 of the Constitution of South Africa.
  • The index files it under the chapter heading “CHAPTER 6 — PROVINCES”.
  • The passage runs to about 256 words.
  • Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “remuneration”).

The row’s stored title is a body fragment, not a heading (“(1) Every citizen who is qualified to vote for a Municipal Council is eligible to be a member of that Council, except—”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of South Africa, article 158, Portable Lawyer, https://www.portablelawyer.app/provision/513e94cc-179b-4e96-97a2-373296846293 (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/513e94cc-179b-4e96-97a2-373296846293

Accessed 25 October 2026.

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