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

Schedule 1 : Code of Conduct for Councillors

14. Breaches of Code

 

 

1) A municipal council may-
a) investigate and make a finding on any alleged breach of a provision of this Code; or
b) establish a special committee-
i) to investigate and make a finding on any alleged breach of this Code; and
ii) to make appropriate recommendations to the council.

 

2) If the council or a special committee finds that a councillor has breached a provision of this Code, the council may-
a) issue a formal warning to the councilor;
b) reprimand the councillor;
c) request the MEC for local government in the province to suspend the councillor for a period;
d) fine the councillor; and
e) request the MEC to remove the councillor from office.

 

2A) A councilor may not vote in favour of or agree to a resolution which is before the council or a committee of the council which conflicts with any legislation applicable to local government.

 

3)
a) Any councillor who has been warned, reprimanded or fined in terms of paragraph (a), (b) or (d) of subitem (2) may within 14 days of having been notified of the decision of council appeal to the MEC for local government in writing setting out the reasons on which the appeal is based.
b) A copy of the appeal must be provided to the council;
c) The council may within 14 days of receipt of the appeal referred to in paragraph (b) make any representation pertaining to the appeal to the MEC for local government in writing;
d) The MEC for local government may, after having considered the appeal, confirm, set aside or vary the decision of the council and inform the councillor and the council of the outcome of the appeal.

 

4) The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation on whether the councillor should be suspended or removed from office.

 

5) The Commissions Act, 1947 (Act 8 of 1947). may be applied to an investigation in terms of subitem (3).

 

6) If the MEC is of the opinion that the councillor has breached a provision of this Code, and that such contravention warrants a suspension or removal from office, the MEC may-
a) suspend the councillor for a period and on conditions determined by the MEC; or
b) remove the councillor from office.

 

7) Any investigation in terms of this item must be in accordance with the rules of natural justice.