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Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998)

Chapter 1 : Municipal Demarcation Board

Part 2 : Membership of Board

13. Termination of membership

 

 

(1) A person ceases to be a member of the Board when that person-
(a) is no longer eligible under section 7 to be a member;
(b) resigns; or
(c) is removed from office in terms of subsection (4).

 

(2) A member of the Board may resign by giving at least three months' written notice to the Minister, but the Minister may accept a shorter period in a specific case.

 

(3) A member of the Board is regarded as having resigned if that member-
(a) accepts nomination for the National Assembly, the National Council of Provinces, a provincial legislature or a municipal council;
(b) is an office bearer of a political party; or
(c) is a member of the National Assembly, a permanent delegate to the National Council of Provinces, a member of a provincial legislature or a member of a municipal council and fails to resign from such office within 30 days of having been appointed as a member of the Board.

 

(4)
(a) The President may remove a member of the Board from office, but only on the ground of misconduct, incapacity or incompetence.
(b) A decision to remove such a member of the Board on the ground of misconduct or incompetence must be based on a finding to that effect by an investigating tribunal appointed by the President.
(c) The President may suspend a member of the Board who is under investigation under paragraph (b).

 

[Date of commencement of section 13 is 3 July 1998.]