2016
LOCAL GOVERNMENT LAWS AMENDMENT
Gazetted 26th August 2016
(b)
any contempt of the tribunal by any person before the
tribunal shall constitute the crime of contempt of court in
terms of section 181 of the Criminal Law Code.
(14) Any person aggrieved by the proceedings or decision of the
tribunal may appeal to the High Court or take the matter on review to the
High Court, but any decision of the tribunal shall stand pending the appeal
or review.”.
PART III
Amendments to Urban Councils Act [CHAPTER 29:15]
3
New sections substituted for section 114 of Cap. 29:15
Section 114 of the Urban Councils Act [Chapter 29:15] (hereinafter in this Part
called the “principal Act”) is repealed and substituted by the following sections —
“114 Suspension and removal of councillors from office
(1) In accordance with section 278 of the Constitution, the
mayor, chairperson or councillor of a council shall only be removed from
office on the grounds of—
(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 an 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 mayor, chairperson or councillor—
(a) is unable to perform the functions of his or her office due to
mental or physical incapacity; or
(b) is guilty of any misconduct referenced in subsection (l)(b),
(c) , (d) or (e);
the Minister shall, by written notice to the mayor, chairperson or councillor
and the council concerned—
(c) suspend the mayor, 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 mayor, chairperson or councillor; and
(e) afford an opportunity to the mayor, chairperson or councillor
to respond to the allegation within seven days of receiving
the notice.
(3) Any allowance that is payable to mayors, chairpersons or
councillors in terms of this Act shall continue to be paid to a mayor, chairperson or councillor who has been suspended in terms of subsection (1) for
so long as he or she is suspended, unless the misconduct in question
involves —
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