Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Chapter 6 : Land Development Management

Part B : Establishment of Municipal Planning Tribunals

37. Term of office of members of Municipal Planning Tribunals

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(1)The term of office of members of a Municipal Planning Tribunal is five years or such shorter period as the Municipal Council may determine, provided that a member may not serve as a member for a continuous period of ten years.

 

(2)The terms and conditions of service of members appointed in terms of section 36(1)(b) must be determined by the Municipal Council, in line with norms and standards published by the Minister.

 

(3)Where a Municipal Council fails to appoint persons referred to in section 36(1)(b), the Premier of the province in which the municipality is situated may, after consultation with the Municipal Council and subject to section 139 of the Constitution, appoint such persons on behalf of the Municipal Council, and, where necessary, the Premier must determine the terms and conditions of that person’s appointment.

 

(4)Upon the first appointment of members to a Municipal Planning Tribunal and when the Municipal Council is satisfied that the tribunal is in a position to commence its operations, the municipal manager must publish a notice to that effect in the Provincial Gazette.

 

(5)A Municipal Planning Tribunal may only commence its operations as contemplated in this Act or the applicable provincial legislation after publication of the notice contemplated in subsection (4).