Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)SchedulesSchedule 1 : Code of Conduct for Councillors15. Application of Code to traditional leaders |
| (1) | Items 1, 2, 5, 6, 9(b) to (d), 10, 11, 12, 13 and 14 (1) apply to a traditional leader who participates or has participated in the proceedings of a municipal council in terms of section 81 of the Municipal Structures Act. |
| (2) | These items must be applied to the traditional leader in the same way they apply to councillors. |
| (3) | If a municipal council or a special committee in terms of item 14 (1) finds that a traditional leader has breached a provision of this Code, the council may— |
| (a) | issue a formal warning to the traditional leader; or |
| (b) | request the MEC for local government in the province to suspend or cancel the traditional leader's right to participate in the proceedings of the council. |
| (4) | The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation on whether the right of the traditional leader to participate in the proceedings of the municipal council should be suspended or cancelled. |
| (5) | The Commissions Act, 1947, may be applied to an investigation in terms of subitem (4) |
| (6) | If the MEC is of the opinion that the traditional leader has breached a provision of this Code, and that such breach warrants a suspension or cancellation of the traditional leader's right to participate in the council's proceedings, the MEC may— |
| (a) | suspend that right for a period and on conditions determined by the MEC; or |
| (b) | cancel that right. |
| (7) | Any investigation in terms of this item must be in accordance with the rules of natural justice. |
| (8) | The suspension or cancellation of a traditional leader's right to participate in the proceedings of a council does not affect that traditional leader's right to address the council in terms of section 81 (3) of the Municipal Structures Act. |