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

Schedule 1 : Code of Conduct for Councillors

15. Application of Code to traditional leaders

 

 

1) Items 1, 2, 5, 6, 9(b) to (d), 10, 11, 12, 13 and 14(1) apply to a traditional leader who participates or has participated in the proceedings of a municipal council in terms of section 81 of the Municipal Structures Act.

 

2) These items must be applied to the traditional leader in the same way they apply to councillors.

 

3) If a municipal council or a special committee in terms of item 14 (1) finds that a traditional leader has breached a provision of this Code, the council may-
a) issue a formal warning to the traditional leader; or
b) request the MEC for local government in the province to suspend or cancel the traditional leader’s right to participate in the proceedings of the council.

 

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 right of the traditional leader to participate in the proceedings of the municipal council should be suspended or cancelled.

 

5) The Commissions Act, 1947, may be applied to an investigation in terms of subitem (4).

 

6) If the MEC is of the opinion that the traditional leader has breached a provision of this Code, and that such breach warrants a suspension or cancellation of the traditional leader’s right to participate in the council’s proceedings, the MEC may-
a) suspend that right for a period and on conditions determined by the MEC; or
b) cancel that right.

 

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

 

8) The suspension or cancellation of a traditional leader’s right to participate in the proceedings of a council does not affect that traditional leader’s right to address the council in terms of section 81 (3) of the Municipal Structures Act.