The appeal and sanctioning authority of the Member of the Executive Council for local government under the Code of Conduct for Municipal Councillors in South Africa
ARTICLE
The appeal and sanctioning authority of the Member of the Executive Council for local government under the Code of Conduct for Municipal Councillors in South Africa
Authors: Oliver Fuo, Ngwako Raboshakga & Lourens Erasmus
ISSN: 1996-2177
Affiliations: SARChI CLES Chair, Professor, North-West University; Senior Lecturer, North-West University; Researcher and Administrator, SARChI CLES Chair, North-West University
Source: South African Law Journal, Volume 143 Issue 3, p. 572-593
https://doi.org/10.47348/SALJ/v143/i3a7
Abstract
The Code of Conduct for Councillors (2021) (‘the Code’), which appears in Schedule 7 to the Local Government: Municipal Structures Act 117 of 1998 (‘the Structures Act’), regulates the conduct of councillors. It gives municipal councils, the speakers of municipal councils, and the Member of the Executive Council (‘MEC’) for local government in each province the powers to ensure compliance with the Code. This article considers whether the authority vested in the MEC for local government to entertain appeals of municipal council decisions in terms of item 16(4) of the Code — including, where appropriate, the power to overturn council decisions — as well as the MEC’s authority to suspend or remove a councillor from office upon request by the council in terms of item 16(2)(c) and (e) read with item 16(7) of the Code, infringe upon the constitutionally guaranteed political autonomy of municipalities or go beyond the supervisory role envisaged for provincial governments by the constitutional framework. Answering these questions in the affirmative, the article argues that it is necessary to revisit and amend relevant provisions of the Code to address the identified defects, including poor drafting.
