Chapter 29:15
URBAN COUNCILS ACT
(14) A conviction for an offence in terms of this section shall not exempt the person
convicted from liability to do or perform the act, matter or thing required to be done or
performed by him.
(15) The Minister may, on receipt of a report arising from an inquiry instituted by him in
terms of subsection (2), take such steps as in his opinion are necessary or desirable to rectify
any defect or omission revealed by the report.
312 Hearing of objections and appointment of board
(1) In this section—
“board” means a board referred to in subsection (2).
(2) When, in terms of this Act, the Minister is required to appoint a board for the
determination of objections, such board shall consist of three persons, one of whom shall be a
person who has been a legal practitioner or magistrate for a period of not less than five years,
who shall also be the chairman of the board.
(3) A quorum of a board shall be all three members.
(4) At any meeting of a board all members shall vote on any matter to be decided by the
board and all decisions shall be arrived at by the vote of the majority of the members:
Provided that—
(a) any matter of law arising for decision at a meeting of the board; and
(b) any question arising at a meeting of the board as to whether a matter for decision is a
matter of fact or a matter of law;
shall be decided by the chairman of the board and no other member of the board shall have a
voice in the decision on any such matter.
(5) No person shall be appointed a member of the board if—
(a) he is directly affected by any objection to be determined by the board; or
(b) he is a mayor, councillor or employee of the council concerned.
(6) At any meeting of a board—
(a) an objector or other person interested may make his representations personally or through
a legal practitioner or any other person appointed in writing by him;
(b) a council may be represented by a mayor, a councillor or an employee of the council or by
a legal practitioner.
(7) There shall be no appeal from any decision or order of a board.
(8) The procedure to be followed by a board in the determination of objections shall be
determined by the board.
(9) Section three hundred and eleven, other than subsections (2), (7) and (9) thereof, shall
apply, mutatis mutandis, to a board and to the determination by a board of any objections in the
same manner as such provisions apply to an investigator and an inquiry in terms of that section.
(10) The costs of any proceedings before a board in the hearing of objections shall be in the
discretion of the board, and the board may direct that the whole or any part of such costs shall
be paid by such objector or objectors in such proportions as may appear just to the board:
Provided that the council shall meet the costs of the board in the first instance and, where the
board has directed that any costs shall be paid by an objector, such costs shall be treated as a
debt owing to the council.
313 Minister may give directions on matters of policy
(1) Subject to subsection (2), the Minister may give a council such directions of a general
character as to the policy it is to observe in the exercise of its functions, as appear to the
Minister to be requisite in the national interest.
(2) Where the Minister considers that it might be desirable to give any direction in terms of
subsection (1), he shall inform the council concerned, in writing, of his proposal and the council
shall, within thirty days or such further period as the Minister may allow, submit to the
Minister, in writing, its views on the proposal and the possible implications on the finances and
other resources of the council.
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