| (b) |
In the application of item 14 of Schedule 1 to directors of a municipal entity, that item must be regarded as providing as follows: |
'Breaches of Code
14.
| (1) |
The board of directors of a municipal entity may— |
| (a) |
investigate and make a finding on any alleged breach of a provision of this Code by a director; or |
| (b) |
establish a special committee— |
| (i) |
to investigate and make a finding on any alleged breach of a provision of this Code by a director; or |
| (ii) |
to make appropriate recommendations to the board of directors. |
| (2) |
If the board of directors or special committee finds that a director has breached a provision of this Code, the board of directors may— |
| (a) |
issue a formal warning to the director; |
| (b) |
reprimand the director; |
| (c) |
fine the director; or |
| (d) |
recommend to the parent municipality that the director be removed or recalled in terms of section 93G. |
| (3) |
The board of directors of a municipal entity must inform a parent municipality of that entity of any action taken against a director in terms of subsection (2).'. |
| (2) |
The Code of Conduct for municipal staff members contained in Schedule 2 applies, with the necessary changes, to members of staff of a municipal entity. |
| (3) |
For purposes of this section, any reference in Schedule 1 or 2 to a 'councillor', 'MEC for local government in the province', 'municipal council', 'municipality' and 'rules and orders' must, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to a director of a municipal entity, parent municipality, board of directors, municipal entity and procedural rules, respectively. |
[Section 93L inserted by section 26 of Act No. 44 of 2003]
Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002)
