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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

38. 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).