Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004)

Chapter 4 : General Valuation of Rateable Property

Part 2 : Municipal valuers

43. Conduct of valuers

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(1)A municipal valuer or assistant municipal valuer
(a)must disclose to a municipality any personal or any private business interest that the valuer, or any spouse, parent, child, partner or business associate of the valuer, may have in any property in the municipality;
(b)may not use the position as a municipal valuer or assistant municipal valuer for private gain or to improperly benefit another person; and
(c)must comply with the Code of Conduct set out in Schedule 2 to the Municipal Systems Act.

 

(2)A municipal valuer or assistant municipal valuer who is not an official of a municipality must comply with the Code of Conduct as if that person is such an official.

 

(3)A municipal valuer or assistant municipal valuer who contravenes or fails to comply with subsection (1) is guilty of misconduct and subject to dismissal as municipal valuer or assistant municipal valuer.

 

(4)A decision in terms of subsection (3) to dismiss a municipal valuer or assistant municipal valuer who is a municipal official must be based on a finding by an enquiry conducted in accordance with the terms and conditions of employment applicable to that person.

 

(5)A municipal valuer or assistant municipal valuer may not perform the valuation of a property in which that valuer, or any spouse, parent, child, partner or business associate of the valuer, has a personal or private business interest, and the municipal manager must designate a special valuer to perform that valuation. A special valuer must be qualified for designation as a municipal valuer or assistant municipal valuer in terms of section 39.