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Chapter 11. Local Government

Article 187. Principles and structures of local government

Vacation of office of member of district executive committee

This is the official English text as consolidated on 31 December 2023. The English text is the law.

(1)

The office of a member of a district executive committee shall become vacant if—

(a)

the appointment of that member is revoked by the district chairperson; or

(b)

that member—

(i)

is elected as speaker of the district council;

(ii)

resigns from office;

(iii)

becomes disqualified to be a member of the district council;

(iv)

is unable to perform his or her functions due to mental or physical incapacity or dies;

(v)

is censured by the council; or

(c)

a new chairperson assumes office.

(2)

A district council may, by resolution supported by not less than half of all members of the council, pass a vote of censure against a member of the executive committee.

(3)

Proceedings for censure shall be initiated by a petition to the Chairperson through the speaker signed by not less than one-third of all the members of the district council to the effect that they are dissatisfied with the conduct or performance of the member of the executive committee.

(4)

The Chairperson shall, upon receipt of the petition, cause a copy of it to be given to the member of the executive committee in question.

(5)

The motion for the resolution of censure shall not be debated until the expiry of fourteen days after the petition was sent to the Chairperson.

(6)

A member of the executive committee in respect of whom a vote of censure is debated under clause (5) of this Article is entitled during the debate to be heard in his or her defence.

(7)

Nothing in this Article shall prevent a person from being reappointed to the executive committee of a district council.