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Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 7 : Local Public Administration and Human Resources

Part 3 : Delegation system

62. Appeals

 

 

1) A person whose rights are affected by a decision taken by a political structure, political office bearer, councillor or staff member of a municipality in terms of a power or duty delegated or sub-delegated by a delegating authority to the political structure, political office bearer, councillor or staff member, may appeal against that decision by giving written notice of the appeal and reasons to the municipal manager within 21 days of the date of the notification of the decision.

 

2) The municipal manager must promptly submit the appeal to the appropriate appeal authority mentioned in subsection (4).

 

3) The appeal authority must consider the appeal, and confirm, vary or revoke the decision, but no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.

 

4) When the appeal is against a decision taken by-
a) a staff member other than the municipal manager, the municipal manager is the appeal authority;
b) the municipal manager, the executive committee or executive mayor is the appeal authority, or, if the municipality does not have an executive committee or executive mayor, the council of the municipality is the appeal authority; or
c) a politics structure or political office bearer, or a councillor-
i) the municipal council is the appeal authority where the council comprises less than 15 councillors; or
ii) a committee of councillors who were not involved in the decision and appointed by the municipal council for this purpose is the appeal authority where the council comprises more than 14 Councillors.

 

5) An appeal authority must commence with an appeal within six weeks and decide the appeal within a reasonable period.