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Code of Conduct for councillorsA3//

NamaKwa District MunicipalityRef: https://www.namakwa-dm.gov.za/wp-content/uploads/2026/07/Code-of-Conduct-for-councillorsA3.pdf

Official source

Source domain: namakwa-dm.gov.za

Collected on 30 July 2026

Always confirm details on the official source before acting.

Our copy (archived 30 July 2026)Official source

What this means

This document sets out a Code of Conduct for South African municipal councillors, defining required standards of behaviour, meeting participation rules, conflict-of-interest and disclosure obligations, restrictions on personal gain, and rules on gifts and confidential information. It also provides a sanctions and investigation process for alleged breaches, including possible fines, warnings, reprimands, suspension or removal by the MEC for local government, and an appeal process. The Code is extended to traditional leaders who participate in municipal council proceedings, and it includes repeal and transitional arrangements related to the Local Government: Municipal Systems Act, 2000.

Facts

Reference

https://www.namakwa-dm.gov.za/wp-content/uploads/2026/07/Code-of-Conduct-for-councillorsA3.pdf

Parties

Applies to municipal councillors (and certain traditional leaders participating in council, Municipal council, Speaker of a municipal council, The Code is extended to traditional leaders who participate in municipal council

Key Takeaways

  • Applies to municipal councillors (and certain traditional leaders participating in council proceedings)
  • Definition of 'partner' as a person permanently living with another as if married
  • General conduct: act in good faith, honestly, transparently; act in best interest of municipality; do not compromise credibility/integrity
  • Voting restriction: councillor may not vote/agree to resolutions conflicting with applicable local government legislation
  • Attendance: councillor must attend council/committee meetings unless leave granted or required to withdraw under the Code
  • Sanctions: council may fine for non-attendance; removal from office if absent from 3+ consecutive council or committee meetings
  • Disclosure of interests: declare specified financial interests within 60 days to municipal manager; update annually; disclose gifts above prescribed amount
  • Personal gain restrictions: no use of position/confidential info for private gain; no councillor may be party/beneficiary to municipal goods/services contracts
  • Arrears restriction: councillor may not be in arrears for rates/service charges longer than 3 months
  • Breach procedure: speaker investigates, gives written opportunity to reply, reports to council; report open to public; speaker reports outcome to MEC
  • Council sanctions for breaches: formal warning, reprimand, request MEC suspension, fine, or request MEC removal
  • MEC actions: may suspend or remove councillor; may appoint investigators if council does not investigate
  • Deadlines: MEC informed within 14 days of finding/sanction; appeal within 14 days; council may make representations within 14 days of receiving appeal
  • Application to traditional leaders: specified items apply; council may warn or request MEC to suspend/cancel participation right
  • Repeal: repeals specified sections and Schedule 1 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000)
  • Transitional: municipalities with plenary executive system continue until first local government election after commencement
  • Municipal council
  • Municipal manager
  • Speaker of a municipal council
  • MEC for local government (in the province concerned)
  • Traditional leaders
  • Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)
  • Commissions Act, 1947 (Act No. 8 of 1947)
  • Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)