Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 8A : Municipal Entities

Part 7 : General

93L. Code of Conduct for directors and members of staff of municipal entity

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(1)
(a) The Code of Conduct for councillors contained in Schedule 1 applies, with the necessary changes, to directors of a municipal entity.
(b) In the application of item 14 of Schedule 1 to directors of a municipal entity, that item must be regarded as providing as follows:

 

'Breaches of Code

14.

(1) The board of directors of a municipal entity may—
(a)investigate and make a finding on any alleged breach of a provision of this Code by a director; or
(b) establish a special committee—
(i) to investigate and make a finding on any alleged breach of a provision of this Code by a director; or
(ii) to make appropriate recommendations to the board of directors.
(2) If the board of directors or special committee finds that a director has breached a provision of this Code, the board of directors may—
(a) issue a formal warning to the director;
(b)reprimand the director;
(c) fine the director; or
(d) recommend to the parent municipality that the director be removed or recalled in terms of section 93G.
(3) The board of directors of a municipal entity must inform a parent municipality of that entity of any action taken against a director in terms of subsection (2).'.

 

(2) The Code of Conduct for municipal staff members contained in Schedule 2 applies, with the necessary changes, to members of staff of a municipal entity.

 

(3) For purposes of this section, any reference in Schedule 1 or 2 to a 'councillor', 'MEC for local government in the province', 'municipal council', 'municipality' and 'rules and orders' must, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to a director of a municipal entity, parent municipality, board of directors, municipal entity and procedural rules, respectively.

 

[Section 93L inserted by section 26 of Act No. 44 of 2003]