Section 14: How to remove a district or lower council chairperson
14.Removal of chairperson from office
(1)Subject to subsection (2), the chairperson may be removed from office by the council by a resolution supported by two-thirds of all the members of the council on any of the following grounds—
(a)abuse of office;
(b)corruption;
(c)incompetence;
(d)misconduct or misbehaviour;
(e)such physical or mental incapacity as would render the chairperson incapable of performing the duties of chairperson; or
(f)failure or refusal, without justifiable reasons, to implement lawful council decisions.
(2)Notwithstanding the provisions of subsection (1), the seat of a district chairperson shall fall vacant if—
(a)the holder resigns in writing addressed to the speaker;
(b)the holder, without reasonable cause or notification of the speaker, fails to attend four consecutive meetings of the council;
(c)the holder is found guilty of the violation of the Leadership Code and the punishment imposed includes the vacation of office;
(d)the holder accepts appointment to a public office;
(e)the holder is sentenced to death or to imprisonment exceeding six months without the option of a fine;
(f)the holder has been convicted of an offence involving moral turpitude within the preceding six years; or
(g)circumstances arise which disqualify the holder from occupying the office under any other law.
(3)For the purposes of removing the chairperson under subsection (1) other than under paragraph (e) of that subsection, a notice in writing signed by not less than one-third of all the members of the council shall be submitted to the speaker—
(a)stating that they intend to pass a resolution of the council to remove the chairperson on any of the grounds set out in subsection (1); and
(b)setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that the conduct of the chairperson be investigated for purposes of his or her removal.
(4)For avoidance of doubt, where a petition has been submitted to the speaker under subsection (2), no person shall withdraw his or her signature supporting the petition.
(5)The speaker shall within twenty-four hours after receipt of the notice referred to in subsection (3), cause a copy to be transmitted to the chairperson and the Minister.
(6)The Minister shall evaluate the notice in consultation with the Attorney General and if satisfied that there are sufficient grounds for doing so shall, within twenty-one days after receipt of the notice, constitute a tribunal consisting of a judge of the High Court or a person qualified to be appointed a judge of the High Court, as chairperson and two other persons all of whom shall be appointed by the Minister in consultation with the Chief Justice, to investigate the allegations.
(7)A person shall not be eligible for appointment as a member of the tribunal unless that person—
(a)is of high moral character and proven integrity; and
(b)possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs.
(8)The chairperson is entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or person of his or her choice.
(9)If the tribunal determines that there is a prima facie case for the removal of the chairperson under subsection (1) other than paragraph (e), then if the council passes the resolution supported by the votes of not less than two-thirds of all members of the council, the chairperson shall cease to hold office.
(10)For the purposes of the removal of the chairperson on grounds of physical or mental incapacity under subsection (1)(e), there shall be submitted to the speaker a notice in writing signed by not less than one-third of all the members of the council—
(a)stating that they intend to pass a resolution of the council for the removal of the chairperson from office on grounds of physical or mental incapacity; and
(b)giving particulars of the alleged incapacity.
(11)The speaker shall, within seven days after receipt of a notice under subsection (10), cause a copy to be transmitted to the chairperson and the Chief Justice.
(12)The Chief Justice shall, within seven days after receipt of the notice transmitted under subsection (11) and in consultation with the medical council, constitute a medical board comprising three qualified medical specialists to examine the chairperson in respect of the alleged incapacity and to report its findings to the council.
(13)The Chief Justice shall, within seven days, constitute a medical board and inform the relevant chairperson accordingly.
(14)The medical board shall examine the chairperson within fourteen days after its establishment.
(15)The chairperson shall submit himself or herself to the medical board for examination on a day and time determined by the board.
(16)If the medical board determines that the relevant chairperson is by reason of physical or mental incapacity unable to perform the functions of the office of chairperson and the council passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the council, the chairperson shall cease to hold office.
(17)If the medical board, after the expiration of the period of fourteen days referred to in subsection (14), reports that the relevant chairperson has failed or refused to submit to the medical board and the council passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the council, the chairperson shall cease to hold office.
(18)The speaker shall convene the council within fourteen days after the receipt of the report of the tribunal or medical board.
(19)The motion for a resolution for the removal of the chairperson shall be moved in the council within fourteen days after the receipt by the speaker of the report of the tribunal or the medical board, failure of which shall render the resolution time-barred.
(20)The chairperson is entitled to appear in person and be heard during the proceedings of the council relating to the motion for a resolution under this section.
(21)The provisions of subsections (1) to (20) shall apply to the removal of the chairperson of the lower local government council except that—
(a)the notice under subsections (3) and (10) shall be submitted to the
district council speaker who shall convene and preside over the council meeting under subsection (1) within fourteen days after the receipt of the report of the tribunal or medical board for the removal of the chairperson;
(b)wherever "Chief Justice" appears it shall be substituted by "chief magistrate"; and
(c)under subsection (6) "judge of the High Court" shall be substituted by "magistrate not below grade I".
(22)The expenses of the tribunal and the medical board shall be met by the relevant council.
Plain English Summary
A district or lower council chairperson can be removed from office by a council vote supported by two-thirds of all members. Valid grounds include abu...
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