Local Government Amendment Bill - H.B. 1A, 2016

LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2016

Memorandum

The purpose of this Bill is to amend the Rural District Councils Act [Chapter 29:13] and the Urban Councils Act [Chapter 29:15] so as to align certain provisions of those Acts with section 278(2) and (3) of the Constitution, which provides as follows:

โ€œ(2) An Act ofParliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds ofโ€”

(a) inability to perform the functions of their office due to mental or physical incapacity;

(b) gross incompetence;

(c) gross misconduct;

(d) conviction of an offence involving dishonesty, corruption or abuse of office; or

(e) wilful violation of the law, including a local authority by-law.

A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section.โ€

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