The separation of mayoral and other council elections did create an absurd situation that has never been interrogated. Even before the Supreme Court declared section 9A of the Local Government Act to be unconstitutional, the separation of mayoral elections from other council elections made the provision absurd.
The provision made the dissolution of councils to be dissolved 90 days before election. However mayoral election is scheduled one month after the election of councillors. Hence the three months affecting the councillors may not affect the mayors/mayoresses. In legal terms the mayor/mayoress should continue in office while the council is dissolved. This is absurd. It goes without saying if the council has a four year term mayors and mayoresses will not be able to function without councillors.
This also will make it absurd for an incumbent mayor to continue in office while new councillors have been elected. A good law should never be absurd. The Independent Electoral Commission should recalibrate its election schedule in line with the Supreme Court decision to ensure that the election of mayors/mayoresses, chairpersons all take place on the same day. In this way the life of all members of the council will be the same.
