Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 6 : Land Development ManagementPart B : Establishment of Municipal Planning Tribunals38. Disqualification from membership of Municipal Planning Tribunals |
| (1) | A person may not be appointed or continue to serve as a member of a Municipal Planning Tribunal if that person— |
| (a) | is not a citizen or permanent resident of the Republic of South Africa; |
| (b) | is a member of Parliament, a provincial legislature, a Municipal Council or a House of Traditional Leaders; |
| (c) | is an unrehabilitated insolvent; |
| (d) | has been declared by a court of law to be mentally incompetent or has been detained under the Mental Health Care Act, 2002 (Act No. 17 of 2002); |
| (e) | has at any time been convicted of an offence involving dishonesty; |
| (f) | has at any time been removed from an office of trust on account of misconduct; |
| (g) | has previously been removed from a tribunal for a breach of any provision of this Act or provincial legislation enacted in terms of this Act; |
| (h) | has been found guilty of misconduct, incapacity or incompetence; or |
| (i) | fails to comply with the provisions of this Act or any provincial legislation. |
| (2) | A member must vacate office if that member becomes subject to a disqualification as contemplated in subsection (1). |
| (3) | A member of a Municipal Planning Tribunal— |
| (a) | must make full disclosure of any conflict of interest, including any potential conflict; and |
| (b) | may not attend, participate or vote in any proceedings of the tribunal in relation to any matter in respect of which the member has a conflict of interest. |
| (4) | For the purposes of this section, a member has a conflict of interest if— |
| (a) | the member, a family member, partner or business associate of the member is the applicant or has a pecuniary or other interest in the matter before a planning tribunal; |
| (b) | the member has any other interest that may preclude or may reasonably be perceived as precluding the member from performing the functions of the member in a fair, unbiased and proper manner; |
| (c) | the member is an official in the employ of national, provincial or local government, if the department by which such an official is employed, has a direct or substantial interest in the outcome of the matter. |
| (5) | The Municipal Council may at any time remove any member of an applicable Municipal Planning Tribunal from office— |
| (a) | if, there are reasonable grounds justifying the removal; or |
| (b) | where a member has been disqualified in terms of subsection (1), after giving such a member an opportunity to be heard. |
| (6) | If a member’s appointment is terminated or the member resigns, the Municipal Council may appoint a person to fill the vacancy for the unexpired portion of the vacating member’s term of office, in accordance with subsection (1). |