WALLIS AJ (i) within nine calendar months of the applicable date mentioned in paragraph (a), (b) or (c) of subsection (3); or (ii) if it is a by-election in a ward, within six calendar months of the applicable date mentioned in paragraph (a), (b) or (d) of subsection (3); and (b) the MEC for local government in the province decides that the by-election must stand over until the next election of all municipal councils.” [109] The relevant provision is section 25(6)(a)(ii) which provides that if the next election of all municipal councils must be held within six calendar months of the court’s order then the municipal manager may not call a by-election in a ward, if the MEC in charge of local government decides that the by-election must stand over until the next election of all municipal councils. The corollary to this is that, if the period between the court order and the next election of all municipal councils is more than six calendar months and a vacancy arises in a ward for any of the reasons identified in the section, a by-election must be called. So the statute itself provides the benchmark against which to measure whether an impending election in all municipal councils should stand in the way of the grant of an order setting aside the outcome of a byelection in a ward. The clear intention is that unless there is less than six calendar months to go until the election in all municipal councils a by-election should be held. [110] Section 25(a)(i) does not apply in this situation. It is only applicable in circumstances where the by-election relates to the election of the entire council, either because the IEC has not declared the results for an election for the council; or because a court has set aside the election for a council; or because a council has been dissolved. But where the vacancy arises in a specific ward it is section 25(a)(ii) that applies. 56