Note by Veritas: This text of the Local Government Laws Amendment Bill, (H.B 1, 2016) which was at Second Reading Stage was replaced with a new text on 28 June 2016. The new text incorporates the amendments which address the issues raised by the Parliamentary Legal Committee on the initial text of the Bill. The new text is the basis upon which the Parliamentary Legal Committee issued a non-adverse report on the Bill. Please find the updated and current version of the Bill on this link.
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 29:151 so as to align certain provisions of those Acts with section 278(2) and (3) of the Constitution, which provides as follows:
"(2) An Act of Parliament 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 of-
(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.
(3) A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section."