| (1) | A municipal council may— |
| (a) | investigate and make a finding on any alleged breach of a provision of this Code; or |
| (b) | establish a special committee— |
| (i) | to investigate and make a finding on any alleged breach of this Code; and |
| (ii) | to make appropriate recommendations to the council. |
| (2) | If the council or a special committee finds that a councillor has breached a provision of this Code, the council may— |
| (a) | issue a formal warning to the councillor; |
| (b) | reprimand the councillor; |
| (c) | request the MEC for local government in the province to suspend the councillor for a period; |
| (d) | fine the councillor; and |
| (e) | request the MEC to remove the councillor from office. |
| (a) | Any councillor who has been warned, reprimanded or fined in terms of paragraph (a), (b) or (d) of subitem (2) may within 14 days of having been notified of the decision of council appeal to the MEC for local government in writing setting out the reasons on which the appeal is based. |
| (b) | A copy of the appeal must be provided to the council. |
| (c) | The council may within 14 days of receipt of the appeal referred to in paragraph |
| (b) | make any representation pertaining to the appeal to the MEC for local government in writing. |
| (d) | The MEC for local government may, after having considered the appeal, confirm, set aside or vary the decision of the council and inform the councillor and the council of the outcome of the appeal. |
| (4) | The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation as to the appropriate sanction in terms of subitem (2) if a municipal council does not conduct an investigation contemplated in subitem (1) and the MEC for local government considers it necessary. |
[Item 14(4) of Schedule 1 substituted by section 21 of Act No. 19 of 2008]
| (5) | The Commissions Act, 1947 (Act No. 8 of 1947), or, where appropriate, applicable provincial legislation, may be applied to an investigation in terms of subitem (4). |
[Item 14(5) of Schedule 1 substituted by section 46 of Act No. 51 of 2002]
| (6) | If the MEC is of the opinion that the councillor has breached a provision of this Code, and that such contravention warrants a suspension or removal from office, the MEC may — |
| (a) | suspend the councillor for a period and on conditions determined by the MEC; or |
| (b) | remove the councillor from office. |
| (7) | Any investigation in terms of this item must be in accordance with the rules of natural justice. |
