URBAN COUNCILS ACT Chapter 29:15 (2) A personal allowance in terms of subsection (1) shall not be paid to a councillor— (a) in respect of the whole or any period of leave of absence from the council which exceeds a continuous period of thirty days; (b) in circumstances where any by-law or standing order of the council prohibits such payment. 113 Power of municipal council to pay pensions to councillors or excouncillors in special circumstances (1) If a municipal council considers that there are special circumstances which warrant the payment of a pension or allowance to a person who has attained the age of sixty years and has held office as a councillor on that council for a period of, or periods in the aggregate which amount to, twenty years or more, that council may apply to the Minister for authority to pay such pension or allowance. (2) On receipt of an application in terms of subsection (1) the Minister shall, if he is satisfied that there are special circumstances which warrant the payment of the pension or allowance, grant authority for its payment, subject to such terms and conditions as he may determine, and it shall be lawful for the council to pay the pension or allowance in accordance with that authority. (3) The Minister may at any time, after the council concerned has been consulted, withdraw any authority given in terms of subsection (2) or vary any terms and conditions subject to which it was given, if in the Minister’s opinion the circumstances prevailing at the time the authority was given have altered. 114 Suspension and dismissal of councillors (1) Subject to this section, if the Minister has reasonable grounds for suspecting that a councillor— (a) has contravened any provision of the Prevention of Corruption Act [Chapter 9:16]; or (b) has contravened section one hundred and seven section one hundred and eight or section one hundred and nine; or (c) has committed any offence involving dishonesty in connection with the funds or other property of the council; or (d) has been responsible— (i) through serious negligence, for the loss of any funds or property of the council; or (ii) for gross mismanagement of the funds, property or affairs of the council; whether or not the councillor’s responsibility is shared with other councillors or with any employees of the council; or (e) has not relinquished office after his seat became vacant in terms of this Act; the Minister may, by written notice to the councillor and the council concerned, suspend the councillor from exercising all or any of his functions as a councillor in terms of this Act or any other enactment. (2) Any allowance that is payable to councillors in terms of this Act shall continue to be paid to a councillor who has been suspended in terms of subsection (1) for so long as he remains a councillor, unless the Minister, by notice in writing to the council concerned, directs otherwise. (3) As soon as is practicable after he has suspended a councillor in terms of subsection (1), and in any event within forty-five days, the Minister shall cause a thorough investigation to be conducted with all reasonable dispatch to determine whether or not the councillor has been guilty of any act, omission or conduct referred to in that subsection. (4) If, following investigation, the Minister is satisfied that the grounds of suspicion on the basis of which he suspended a councillor in terms of subsection (1) have been established as fact, he may, by written notice to the council and the councillor concerned, dismiss the councillor, and the councillor’s seat shall thereupon become vacant. (5) A person who has been dismissed in terms of subsection (3) shall be disqualified from nomination or election as a councillor for a period of five years. 41