| (1) |
A municipality, in establishing a Municipal Planning Tribunal for its municipal area in terms of section 35(1) of the Act, must, amongst others— |
| (a) |
determine the number and designation of officials in the full-time service of the municipality to serve on the Municipal Planning Tribunal; |
| (b) |
determine the number of members who are not officials of that municipality to be appointed to the Municipal Planning Tribunal, the knowledge and experience that they should represent and their term of office, if it is of the opinion that it should be less than five years as contemplated in section 37(1) of the Act; |
| (c) |
determine the terms and conditions of service of the members of the Municipal Planning Tribunal in accordance with the norms and standards referred to in Schedule 1; |
| (d) |
subject to the provisions of subregulation (5), determine procedures for the invitation and calling for nominations of persons contemplated in section 36(1)(b) of the Act to serve on the Municipal Planning Tribunal; |
| (e) |
identify any additional criteria that a person referred to in paragraph (b) must comply with; |
| (f) |
subject to the provisions of subregulation (10), determine the format of the call for nominations; |
| (g) |
convene an evaluation panel to evaluate the nominations received by the municipality and determine the terms of reference of that evaluation panel; |
| (h) |
consider the recommendations of the evaluation panel and make the appropriate appointments and designate the chairperson and deputy chairperson; |
| (i) |
inform the members in writing of their appointment; |
| (j) |
publish the names of the members of the Municipal Planning Tribunal and their term of office as contemplated in section 37(4) of the Act; and |
| (k) |
develop and approve operational procedures for the Municipal Planning Tribunal. |
| (2) |
A member of the Municipal Planning Tribunal appointed in terms of section 36(1)(b) of the Act may be— |
| (a) |
an official or employee of— |
| (i) |
any department of state or administration in the national or provincial sphere of government; |
| (ii) |
a government business enterprise; |
| (iv) |
organised local government as envisaged in the Constitution; |
| (v) |
an organisation created by government to provide municipal support; |
| (vi) |
a non-governmental organisation; and |
| (vii) |
any other organ of state not provided for in subparagraph (i) to (iv). |
| (b) |
an individual in his or her own capacity. |
| (3) |
An invitation to nominate an official or employee referred to in subregulation (2)(a) to serve on the Municipal Planning Tribunal must be in writing and may be extended to the departments in the national and provincial sphere of government. other organs of state and organisations referred to in subregulation (2)(a) and such an invitation does not have to be published. |
| (4) |
A nomination submitted in response to an invitation must comply with all the requirements for a nomination submitted in response to a call for nomination referred to in subregulation (6). |
| (5) |
Notice of the call for nominations for prospective members of the Municipal Planning Tribunal and the names of the members appointed by the municipality may be communicated by it in any format it approves but it must include the publication of the call for nominations in at least one newspaper circulated in the municipal area. |
| (6) |
The call for nominations must— |
| (a) |
request sufficient information for the municipality to evaluate the knowledge and experience of the nominee; |
| (b) |
permit self-nomination or provide for acceptance of the nomination by the nominee; |
| (c) |
include a confirmation by the nominee that he or she is not disqualified from serving as a member as contemplated in section 38 of the Act; |
| (d) |
include agreement by the nominee that the municipality may verify all the information provided by the nominee; |
| (e) |
include a statement that the nominee will be obliged to commit to and uphold a code of conduct; and |
| (f) |
provide for a closing date for nominations which date may be no less than 14 days from the date of publication and no nominations submitted after that date may be evaluated by the municipality. |
| (7) |
If no or insufficient nominations are received or if the nominees do not possess the requisite knowledge and skills or comply with any additional criteria which may have been determined by the municipality, the municipality must invite and call for nominations for a second time and follow the process required for the invitation and calling for nominations prescribed by this regulation. |
| (8) |
If after the second invitation and calling for nomination no or insufficient nominations are received or if the nominees do not possess the requisite knowledge and skills or comply with any additional criteria which may have been determined by the municipality, the executive authority of the municipality must designate persons who possess the requisite knowledge and skills and comply with any additional criteria which may have been determined by the municipality and appoint such person. |
| (9) |
A nomination must be in writing and submitted to the municipality in the manner and format determined by the municipality. |
| (10) |
A municipality may use the standard format for a call for nominations contained in Schedule 2, subject to any modifications and qualifications as the municipality deems necessary. |
| (11) |
The evaluation panel referred to in subregulation (1)(g) must— |
| (a) |
consist of officials in the employ of the municipality; and |
| (b) |
evaluate all nominations that complied with the requirements of this regulation which were received by the municipality in response to the invitations and call for nominations and make recommendations on the appointment of members to the municipality. |
| (12) |
The municipality may not appoint any person to the Municipal Planning Tribunal if that person— |
(a) was not nominated in accordance with the provisions of this regulation;
(b) is disqualified from appointment as contemplated in section 38 of the Act; or
| (c) |
if he or she does not possess the knowledge or experience required in terms of section 36(1)(b) of the Act or the additional criteria determined in terms of subregulation (1)(e). |
Protection of Personal Information Act, 2013
