| (1) |
A councillor may not vote at, attend or in any other manner participate in, any meeting or hearing of the Council, nor be present at the place where the meeting is held, if— |
| (a) |
in relation to an application relating to a licence, he or she or his or her family member is a director, member or business partner or associate of or has an interest in the business of the applicant or of any person who made representations in relation to the application; or |
| (b) |
in relation to any matter before the Council, he or she has any interest which may preclude him or her from performing his or her functions as a councillor in a fair, unbiased and proper manner. |
| (a) |
If, during the course of any proceedings before the Council, there is reason to believe that a councillor has any interest contemplated in subsection (1), that councillor must immediately fully disclose the nature of his or her interest and leave the meeting or hearing in question so as to enable the remaining councillors to discuss the matter and determine whether or not that councillor should be allowed to participate in the proceedings. |
| (b) |
The disclosure, and the decision taken by the remaining councillors, must be recorded in the minutes of the proceedings in question. |
| (3) |
If any councillor fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Council is held or in any manner participates in the proceedings of the Council, the relevant proceedings of the Council shall be null and void. |
| (4) |
A councillor is guilty of an offence and liable on conviction to a fine not exceeding R1 000 000 or to imprisonment for a period not exceeding three years, or to both such fine and imprisonment, if he or she— |
| (a) |
contravenes subsection (1); or |
| (b) |
fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2). |
[Subsection (4) amended by section 12 of Act No. 2 of 2014]
Basic Conditions of Employment Act, 1997
