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Code of Conduct for Councillors
Extracted from Mail & Guardian (SA)
March 10-16, 2006

Preamble
Councillors are elected to represent local communities on municipal councils, to ensure that municipalities have structured mechanisms of accountability to local communities, and to meet the priority needs of communities by providing services equitably, effectively and sustainably within the means of the municipality.

In fulfilling this role councillors must be accountable to local communities and report back at least quarterly to constituencies on council matters, including the performance of the municipality in terms of established indicators.

In order to ensure that councillors fulfil their obligations to their communities, and support the achievement by the municipality of its objectives set out in section 19 of the Municipal Structures Act, the following Code of Conduct is established.

Definitions
1. In this Schedule 'partner' means a person who permanently lives with another person in a manner as if married.

General conduct of councillors
2. A conduct must;
(a) perform the function of office in good faith, honesty and a transparent manner; and
(b) at all times act in the interest of the municipality and in such a way that the credibility and integrity of the municipality are not compromised.

Attendance at meetings
3. A councillor must attend each meeting of the municipal council and of a committee of which that councillor is a member, except when;
(a) leave of absence is granted in terms of an applicable law or as determined by the rules and orders of the council, or
(b) that councillor is required in terms of this Code to withdraw from the meeting.

Sanctions for non-attendance of meetings
4. (1) A municipal council may impose a fine as determined by the standing rules and orders of the municipal council on a council for;
(a) not attending a meeting which that councillor is required to attend in terms of item 3; or
(b) failing to remain in attendance at such a meeting

(2) A councillor who is absent from three or more consecutive meetings of a municipal council, or from three or more consecutive meetings of a committee, which that councillor is required to attend in terms of item 3, must be removed from office as a councillor.

(3) Proceedings for the imposition of a fine or removal of a councillor must be contacted in accordance with a uniform standing procedure, which each municipal council must adopt for the purposes of this item. The uniform standing procedure must comply with the rules of natural justice.

Disclosure of interests
5. (1) A councillor must;
(a) disclose to the municipal council, or to any committee of which that councillor is a member, any direct or indirect personal or private business interests that councillor, or any spouse , partner or business associate of that councillor may have in any matter before the council or the committee; and
(b) withdraw from the proceedings of the council or committee when that matter is considered by the council or committee, unless the council or committee decides that the councillor's direct or indirect interest in the matter is trivial or irrelevant.

(2) A councillor who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the
municipality, must disclose full particulars of the benefit of which the councillor is aware at the first meeting of the municipal council at which it is possible for the councillor to make the disclosure.
(3) This section does not apply to an interest or benefit, which a councillor or, a spouse, partner, business associate or close family member, has or acquired in common with other residents of the municipality.

Personal gain
6. (1) A councillor may not use the position or privileges of a councillor, or confidential information obtained as a councillor, for private gain or to improperly benefit another person.

(2) Except with the prior consent of the municipal council, a councillor may not;
(a) be a party to or beneficiary under a contract for
· the provision of goods or services to the municipality, or
· the performance of any work otherwise than as a councillor for the municipality
(b) obtain a financial interest in any business of the municipality : or
(c) for a fee or other consideration appear on behalf of any other person before the council or a committee.

(3) If more than one quarter of the councillors object to consent being given to a councillor in terms of sub item (2), such consent may only be given to the councillor with the approval of the MEC for local government in the province.

Declaration of interests
7. (1) When elected or appointed, a councillor must within 60 days declare in writing to the municipal manager the following financial interests held by that councillor:
(a) shares and securities in any company,
(b) membership of any close corporation,
(c) interest in any trust,
(d) directorships
(e) partnership
(f) other financial interests in any business undertaking,
(g) employment and remuneration,
(h) interest in property,
(i) pension, and
(j) subsidies, grants and sponsorships by any organisation

(2) Any change in the nature or detail of the financial interests of a councillor must be declared in writing to the municipal manager annually.

(3) Gifts received by a councillor or above a prescribed amount must also be declared in accordance with sub item (1).

(4) The municipal council must determine which of the financial interests referred in sub item (1) must be made public having regard to the need for confidentiality and the public interests for disclosure.

Full-time councillors
8. A councillor who is a full-time councillor may not undertake any other paid work, except with the consent of a municipality council which consent shall not unreasonably withheld.

Rewards, gifts and favours
9. A councillor may not request, solicitor accept any reward, gift or favour for;

(a) voting or not voting in a particular manner on any matter before the municipal council or before a committee of which that councillor is a member,
(b) persuading the council or any committee in regard to the exercise of any power, function or duty,
(c) making a representation to the council or any committee of the council, or
(d) disclosing privileged or confidential information.

Unauthorised disclosure of information
10. (1) A councillor may not without the permission of the municipal council or a committee disclose any privileged or confidential information of the council or committee to any unauthorised person.

(2) For the purpose of this item "privileged or confidential information" includes any information-
· determined by the municipal council or committee to be privileged or confidential
· discussed in closed session by the council or committee
· disclosure of which would violate a person's right to privacy, or
· declared to be privileged, confidential or secret in terms of law.

(3) This item does not derogate from the right of any person to access to information terms of national legislation.

Intervention in administration
11. A councillor may not, except as provided by law-
(a) interfere in the management or administration of any department of the municipal council unless mandated by council,
(b) give or purport to give any instruction to any employee of the council except when authorised to do so,
(c) obstruct or attempt to obstruct the implementation of any decision of the council or a committee by an employee of the council, or
(d) encourage or participate in any conduct which would cause or contribute to mal- administration in the council.

Council property
12. A councillor may not use, take, acquire or benefit from any property or asset owned, controlled and managed by the municipality to which that council (or has no right)

Duty of chairpersons of municipal councils
13. (1) If the chairperson of a municipal council, on reasonable suspicion, is of the opinion that a provision of this Code has been breached, the chairperson must-
· authorise an investigation of the facts and circumstances of the alleged breach
· give the councillor a reasonable opportunity to reply in writing regarding the alleged breach and
· report the matter to a meeting of the municipal council after paragraphs (a) and (b) have been complied with.

(2) A report in terms of sub-item (1) {c} is open to the public

(3) The chairperson must report the outcome of the investigation to the MEC for local government in the province concerned.

(4) The chairperson must ensure that each councillor when taking office is given a copy of this Code and that a copy of the Code is available in every room or place where the council meets.

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