No. 8
LOCAL GOVERNMENT LAWS AMENDMENT
2016
(a)
inability to perform the functions of his or her office due to
mental or physical incapacity ; or
(b) gross incompetence; or
(c) gross misconduct; or
(d) conviction of ail offence involving dishonesty; corruption or
abuse of office; or
(e) wilful violation of the law, including a local authority bylaw.
(2) Subject to this section, if the Minister has reasonable grounds
for suspecting that a chairperson or councillor—
(a)
(b)
is unable to perform the functions of his or her office due to
mental or physical incapacity; or
is guilty of any misconduct referenced in subsection (l)(b),
(c) , (d) or (e);
the Minister shall, by written notice to the chairperson or councillor and
the council concerned—
(c)
suspend the chairperson or councillor from exercising all or
any of his or her functions in terms of this Act; and
(d) specify the reasons for the suspension and the nature of the
allegations against the chairperson or councillor; and
(e) afford an opportunity to the chairperson or councillor to
respond to the allegation within seven days of receiving the
notice.
(3) Any allowance that is payable to chairpersons or councillors
in terms of this Act shall continue to be paid to a chairperson or councillor
who has been suspended in terms of subsection (2) for so long as he or she
is suspended, unless the misconduct in question involves —
(a) dishonesty in connection with the funds or other property of
the council; or
(b)
gross negligence resulting in the loss of any funds or
property of the council; or
(c)
gross mismanagement of the funds, property or affairs of the
council;
whether or not the chairperson’s or councillor’s responsibility for such
dishonesty, negligence or misconduct is shared with other councillors or
with any employees of the council.
(4) Not earlier than fourteen days after the Minister has
suspended a chairperson or councillor in terms of subsection (2), and in
any event within forty-five days, the Minister shall, if no response is made
to a notice in terms of subsection (2)(e), or if that response is not
satisfactory to the Minister, cause a thorough investigation to be
conducted, where necessary, with all reasonable dispatch to determine
whether sufficient evidence exists for the issue of the removal of the
chairperson or councillor on any of the grounds specified in subsection (1)
to be referred to an independent tribunal.
(5) This section applies, with such changes as may be necessary,
to any allegation of inability on the part a chairperson or councillor to
perform the functions of his or her office due to mental or physical
incapacity.
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