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Code of Conduct for Municipal Councillors

The code of conduct for councillors is outlined in Schedule 1 of the Municipal Systems Act of 2000, and an additional Code inserted in 2002. The code of conduct refers to general conduct, such as performing their functions of office in good faith, honestly and in a transparent matter, at all times acting in the best interest of the municipality, without compromising the credibility and integrity of the municipality.

Councillors must attend each meeting. Leave of absence is granted within the rules and orders of the council. Councillors may be sanctioned for non-attendance. Councillors should also disclose direct or indirect public or private business interest.

Personal gain – a councillor may not use their position or privilege as a councillor, or confidential information obtained as a councillor, for private gain or to improperly benefit another person. They cannot be 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; obtain a financial interest in any business of the municipality, acquire a fee by appearing on behalf of any other persons before the council or a committee.

A councillor should within 60 days of their appointment or election, declare in writing their financial interests that include shares and securities in any company, membership of a close corporation, interest in any trust, directorships, partnerships, pension, interest in property, subsidies, grants and sponsorship by any organisation, gifts above a prescribed amount must be declared. Full-time councillors may not undertake any other paid work.

A councillor may not request, solicit or accept any gift for voting/not voting on any matter; disclose privileged or confidential information; disclose any privileged or confidential information of the council or committee to any unauthorised person.

Other than provided by law, may not interfere in the management or administration of any department of the council unless mandated by council, give or purport to give any instruction to any employee of the council except when authorised to do so, encourage or participate in conduct that would cause or contribute to maladministration within the council.

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

A councillor may not be in arrears to the Municipality for rates and service charges for a period longer than 3 months.

Councillors are barred from doing business with the state.