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 3 : Code of conduct for Members of the Municipal Planning Tribunal |
General conduct
1. A member of the Municipal Planning Tribunal must at all times—
| (a) | act in accordance with the principles of accountability and transparency; |
| (b) | disclose his or her personal interests in any decision to be made in the planning process in which he or she serves or has been requested to serve; |
| (c) | abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which he or she has a personal interest and leave any chamber in which such matter is under deliberation unless the personal interest has been made a matter of public record and the municipality has given written approval and has expressly authorised his or her participation. |
2. A member of the Municipal Planning Tribunal may not—
| (a) | use the position or privileges of a member of the Municipal Planning Tribunal or confidential information obtained as a member of the Municipal Planning Tribunal for personal gain or to improperly benefit another person; and |
| (b) | participate in a decision concerning a matter in which that member or that members' spouse. partner or business associate, has a direct or indirect personal interest or private business interest. |
Gifts
| 3. | A member of the Municipal Planning Tribunal may not receive or seek gifts, favours or any other offer under circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to influence a person's objectivity as an advisor or decision-maker in the planning process. |
Undue influence
| 4. | A member of the Municipal Planning Tribunal may not— |
| (a) | use the power of any office to seek or obtain special advantage for private gain or to improperly benefit another person that is not in the public interest; |
| (b) | use confidential information acquired in the course of his or her duties to further a personal interest; |
| (c) | disclose confidential information acquired in the course of his or her duties unless required by law to do so or by circumstances to prevent substantial injury to third persons; and |
| (d) | commit a deliberately wrongful act that reflects adversely on the Municipal Planning Tribunal, the Municipality, the government or the planning profession by seeking business by stating or implying that he or she is prepared, willing or able to influence decisions of the Municipal Planning Tribunal by improper means. |