Chapter 29:15
URBAN COUNCILS ACT
(c) if he is not subsequently discharged, he shall be entitled to the full amount of his salary or
wages and any allowances that would otherwise have been paid to him in respect of the
period of his suspension, less any allowance paid to him in terms of paragraph (b).
140 Conditions of service of other senior officials
(1) Subject to subsection (2) and to the conditions of service of the senior official concerned,
a council may at any time discharge a senior official—
(a) upon notice of not less than three months; or
(b) summarily on the ground of misconduct, dishonesty, negligence or any other ground that
would in law justify discharge without notice.
(2) A council shall not discharge a senior official unless the discharge has been approved by
the Local Government Board:
Provided that the discharge of a medical officer of health shall in addition be subject to the
approval of the Minister responsible for health in terms of section 11 of the Public Health Act
[Chapter 15:09].
(3) If it appears to a town clerk that any other senior official of the council has been guilty of
such conduct that it is desirable that that official should not be permitted to carry on his work,
he—
(a) may suspend the official from office and require him forthwith to leave his place of work;
and
(b) shall forthwith notify the mayor or chairman of the council, as the case may be, in writing,
of such suspension.
(4) Upon receipt of a notification of suspension in terms of subsection (3) the mayor or
chairman shall cause the suspension to be reported at the first opportunity to—
(a) the executive committee of the council, in the case of a municipality; or
(b) the council, in any other case.
(5) Where an executive committee or a council has received a report of a suspension in terms
of subsection (4), the executive committee or the council shall without delay—
(a) conduct an inquiry or cause an inquiry to be conducted into the circumstances of the
suspension; and
(b) after considering the results of the inquiry, decide whether or not—
(i) to lift the suspension; or
(ii) to do or, in the case of an executive committee, to recommend to the council that it
should do, any one or more of the following—
A. reprimand the senior official concerned;
B. reduce the salary or any allowance payable to the senior official;
C. transfer the senior official to another post or grade, the salary of which is less
than that received by him at the date of the imposition of the penalty;
D. impose a fine not exceeding three thousand dollars or three months’ salary,
which fine may be recovered by deductions from the salary of the senior official;
E. subject to subsection (2), discharge the senior official.
(6) Where a municipal council receives the recommendation of an executive
committee in terms of subsection (6) the council may—
(a) accept such recommendation and act in accordance with the recommendation; or
(b) refuse to accept such recommendation and impose a penalty as it thinks fit or refuse to
impose any penalty;
and thereupon the council shall inform the senior official concerned and the town clerk of its
decision.
(7) Where a senior official has been suspended in terms of subsection (3)—
(a) his suspension, unless earlier lifted, shall terminate when the council has decided not to
discharge him or after six months has elapsed, whichever occurs the sooner;
(b) during the period of his suspension he shall not be entitled to his salary or wages in
respect of that period, but he may be paid such allowance, not exceeding the amount of his
salary or wages, as the council may fix;
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