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

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 2 : Municipal Planning Tribunals

Part F : General Matters

13. Legal indemnification

 

 

(1) Whenever a claim is made or legal proceedings are instituted against a member of the Municipal Planning Tribunal or appeal authority or an authorised official arising out of any act or any omission by a member or authorised official in the performance of his or her duties or the exercise of his or her powers, the municipality must, if it is of the opinion that the member or authorised official acted or omitted to act in good faith and without negligence—
(a) in the case of a civil claim or civil proceedings, indemnify the member or authorised official in respect of such claim or proceedings; and
(b) provide legal representation for such member or authorised official at the cost of the municipality or pay taxed party and party costs of legal representation.

 

(2) If a criminal prosecution is instituted against a member of the Municipal Planning Tribunal or appeal authority or authorised official, the municipality must, if it is of the opinion that the member or authorised official acted or omitted to act in good faith and without negligence or it is in the interests of the municipality to do so, provide for legal representation for such member or authorised official at the cost of the municipality.

 

(3) A member of a Municipal Planning Tribunal or appeal authority or an authorised official has no legal indemnification if he or she, with regard to the act or omission, is liable in law and—
(a) intentionally exceeded his or her powers;
(b) made use of alcohol or drugs;
(c) did not act in the course and scope of his or her employment, designation or appointment;
(d) acted recklessly or intentionally;
(e) made an admission that was detrimental to the municipality; or
(f) failed to comply with or ignored standing instructions, of which he or she was aware of or could reasonably have been aware of, which led to the loss, damage or reason for the claim.

 

(4) The municipality may determine by means of a policy or by other means—
(a) the terms and conditions of such indemnity and legal representation; and
(b) in addition to the circumstances contemplated in subregulation (3), other circumstances in which such indemnity or legal representation may be withdrawn by the municipality.

 

(5) For the purposes of this regulation "indemnify" means an undertaking to pay any damages, claim or taxed costs awarded by a court against a member of the Municipal Planning Tribunal or agreed to by the municipality in terms of a formal settlement process.