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29:15 Section 114 of the Urban Councils Act [Chapter 29:15] (hereinafter in this Part called the “principal Act”) is repealed and substituted by the following sections — “114 Suspension and removal of councillors from office (1) In accordance with section 278 of the Constitution, the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 — 213 No. 8

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