Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)RegulationsSpatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015SchedulesSchedule 1 : Norms and standards for terms and conditions of service of members of Municipal Planning Tribunal |
| (1) | An official of a municipality authorised by the municipality in terms of section 36(1)(a) of the Act as a member of the Municipal Planning Tribunal— |
| (a) | may only serve as member of the Municipal Planning Tribunal for as long as he or she is in the full-time employ of the municipality; |
| (b) | is bound by the conditions of service determined in his or her contract of employment and is not entitled to additional remuneration, allowances, leave or sick leave or any other employee benefit as a result of his or her membership on the Municipal Planning Tribunal. |
| (2) | A person appointed by a municipality in terms of section 36(1)(b) of the Act as a member of the Municipal Planning Tribunal— |
| (a) | is not an employee on the staff establishment of that municipality; |
| (b) | in the case of a person referred to in regulation 3(2)(a), is bound by the conditions of service determined in his or her contract of employment and is not entitled to additional remuneration, allowances, leave or sick leave or any other employee benefit as a result of his or her membership on the Municipal Planning Tribunal; |
| (c) | performs the specific tasks allocated by the chairperson of the Municipal Planning Tribunal to him or her for a decision hearing of the Municipal Planning Tribunal ; |
| (d) | sits at such meetings of the Municipal Planning Tribunal that requires his or her relevant knowledge and experience as determined by the chairperson of the Municipal Planning Tribunal; |
| (e) | in the case of a person referred to in regulation 3(2)(b), is entitled to a seating and travel allowance for each meeting of the Municipal Planning Tribunal that he or she sits on as determined by provincial legislation or the municipality or, in the absence of such legislation or determination, the applicable treasury regulations and the rates as determined by the Department of Transport; |
| (f) | is not entitled to paid overtime, annual leave, sick leave, maternity leave, family responsibility leave, study leave, special leave, performance bonus, medical scheme contribution by municipality, pension, motor vehicle or any other benefit which a municipal employee is entitled to. |
| (3) | The seating allowance referred to in subregulation (2)(e) is subject to taxation in accordance with the normal tax rules that are issued by the South African Revenue Service. |
| (4) | All the members of the Municipal Planning Tribunal must adhere to a code of conduct for members of a Municipal Planning Tribunal approved by the municipality and non-compliance thereof is grounds for or a disciplinary hearing by the municipality if the member is designated or removal from office of a member appointed in terms of regulation 3(1)(b). |
| (5) | A municipality may use the standard Code of Conduct for Members of a Municipal Planning Tribunal contained in Schedule 3, subject to any modifications and qualifications as the municipality deems necessary. |