An invitation for public comments following the gazetting of the Code of Conduct for Councillors Regulations, 2022

The Regulations are made in accordance with Section 92 of the Municipal Structures Amendment Act No. 3 of 2021, which empowers the Minister of Cooperative Governance and Traditional Affairs (COGTA) to make Regulations not inconsistent with the Act prescribing any matter that may or must be prescribed in terms of the Act and to facilitate the application thereof.

The draft Regulations are aimed at facilitating the application of Schedule 7 of the Structures Act which provides for the Code of Conduct for Councillors.

The draft Regulations are aligned to the Regulations that were issued in 2001, but have been further expanded to deal with the following other matters –

i. Prohibition of “walk-outs” during council meetings;

ii. Introduction of a requirement for designated councils’ gifts register;

iii. Unruly behaviour of councillor’s to maintain the decorum in the municipal councils;

iv. Obligation to municipalities to provide adequate support to cater for councillors living with disabilities to participate effectively in council proceedings;

v. Requirement for councillors to settle municipal accounts (no longer than 3 months) due for rates and services in accordance with the credit control policy of the municipality; and

vi. Requirement for reporting on a biannual basis by the municipality to the MEC and the Minister on compliance to the Code.  

Please find attached Code of Conduct Regulations, 2022, published in the Government Gazette on the 4th October 2022 for public comments.

Source: Government of South Africa