Tanzania
Local Government (Urban Authorities) Act, 1982
Local Government (Urban Authorities) (Councillors Code of Conduct) Regulations, 2000
Government Notice 281 of 2000
- Published in Tanzania Government Gazette
- Commenced on 4 August 2000
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (regs 1-3)
1. Citation
These Regulations may be cited as the Local Government (Urban Authorities) (Councillors Code of Conduct) Regulations.2. Application
These Regulations shall apply to all urban authorities established in accordance with provisions of section 5 of the Local Government (Urban Authorities) Act1.3. Interpretation
In these Regulations, unless the context requires otherwise—"Act" means the Local Government (Urban Authorities) Act2;"Code" means the Local Government (Urban Authorities) (Councillors Code of Conduct) established under section 119 of the Act;"Commissioner" means the Ethics Commissioner appointed under section 20 of the Public Leadership Code of Ethics Act3;"complaint" means a complaint made against a member of the council regarding the conduct of that member and duly filed with the Ethics Committee in accordance with the provisions of these Regulations;"conflict of interest" means and includes a situation where a councillor who has a responsibility to be involved in making an impartial, or unbiased decision is himself party to or has a direct or indirect pecuniary or personal interest, upon which he will directly or indirectly benefit or expect to benefit from the decision to be reached;"corrupt practice" means and includes any dishonest behaviour done by a councillor acting in public office or on his own behalf which involves corruptly soliciting, or receiving an advantage without reasonable cause and includes giving or agreeing to receive any gift, loan, fee, reward or advantage for doing or for bearing to do anything in connection with the council;"Council"—(a)when used in relation to a town means the town council for that town;(b)when used in relation to a municipality, means the municipal council for that municipality;(c)when used in relation to a city, means the city council for that city;"councillor" means a member of the council;"Director"—(a)when used in relation to a town, means the Town Director appointed for that town;(b)when used in relation to a municipality, means the Municipal Director appointed for that municipality; and(c)when used in relation to a city, means the City Director appointed for that city;"disclosure" means and includes providing a fact or information known to one self that would influence him in making a decision on the matter in consideration;"local government officer" means a person employed by or is in the service of a local government authority who holds or acts in a management post;"maladministration" means and includes a failure or negligence to properly discharge public responsibility or a breach or abuse of laid down procedures;"Management office" means any office held or acted in any of the following offices:(a)the office of the Chief Executive in a local government authority;(b)a head of department of local government authority; and(c)any other office approved by the council for the purposes of this definition, and includes any local government officer whose office is prescribed under the local government scheme as an office the continued holding of which is subject to periodic examination as to proficiency and fitness to hold it;"member" means a member of a council elected in pursuance of the Local Government (Elections) Act4 and includes a Member of Parliament and other members of the council who are members pursuant to section 19 of the Local Government (Urban Authorities) Act5;"Minister" means the minister for the time being responsible for local government;"misconduct" means and includes any act done or omitted to be done without reasonable excuse by a councillor which amounts to a failure to perform in a proper manner any duty imposed on him or displaying behaviour prejudicial to the efficient conduct of council affairs or tends to bring the council into disrepute or damage the integrity or confidence of the public in the council;"Standing Orders" means standing orders made under section 37 of the Local Government (Urban Authorities) Act6.Part II – Government principles, vision, mission and objectives (regs 4-7)
4. Vision
A Councillor shall have a vision of democratic, proactive, efficient, effective, honest, clientele service and goal oriented council.5. Mission
A councillor shall in collaboration with fellow councillors, members of staff in the council and the general public work towards promoting sustainable economic development in his constituency and the area of the council as a whole.6. Objective
The objective of these Regulations is to prescribe rules of conduct for councillors, so as to enable them to discharge their functions in a manner, which will build and sustain public trust and confidence in their local government urban authorities.7. General principles to be invoked by the code
A councillor shall at all times exhibit the highest standard or personal conduct in the performance of his duties and shall observe basic principles of conduct, namely:Part III – Personal attributes (regs 8-11)
8. Integrity and openness
Every councillor shall—9. Ethical behaviour
For purposes of enhancing public confidence, a councillor shall observe the highest standard of ethical behaviour at all times when he remains a councillor.10. Sexual relationship
11. Liabilities and personal associates
A councillor shall not abuse his public trust and confidence by—Part IV – Public conduct and performance of public duties (regs 12-18)
12. Councillors to observe the law, standing orders, rules and regulations
13. Commitment to grass-root development
14. Conflict of interest
15. Disclosure of interest
16. Register
17. Personal gain
A councillor shall not use his public position or any legal relationship, privilege, trusteeship or confidentiality in order to:18. Bribes, gifts and reward
Part V – Assets, income and liabilities (regs 19-20)
19. Lawful means of livelihood
Subject to the duty of disclosure under this part every councillor shall have lawful means of livelihood by being gainfully employed.20. Declaration of assets, income and liabilities
Part VI – Political powers, accountability, privileges and immunities (regs 21-24)
21. Councillors' political powers
22. Accountability
A councillor shall be accountable to the residents of—23. Council property
A councillor shall not use council properties, resources or facilities availed to him or provided by the council for use by him for the discharge of council duties and responsibilities for purposes other than those in respect of which they are intended.24. Privileges and immunities
Part VII – Councillor-staff relationship (regs 25-28)
25. Decisions, orders and directives to be made in council and committee meetings
26. Councillor-staff relations
27. Non-interference in executive functions
A Councillor shall not assume or obstruct executive functions of the council, and in particular shall not engage or involve himself in—28. Councillors and staff misrepresentation
Part VIII – Disclosure of information (reg 29)
29. Unauthorized disclosure
Part IX – Breach of the code and enforcement mechanism (regs 30-36)
30. Offences and breaches of the regulations
A councillor commits a breach of these Regulations if—31. Establishment of Ethics Committee
32. Who may present a complaint
A complaint alleging a violation of these Regulations may be filed by any one or more of the following persons namely:33. Procedure of submitting complaint
34. Ethics committee to adjudicate complaints
35. Determination
Where the Ethics Committee makes a determination of a complaints submitted before it and finds that the breach made by the councillor is:36. Appeal
History of this document
31 July 2002 this version
Consolidation
04 August 2000
Commenced
Cited documents 5
Legislation 5
1. | Penal Code | 7914 citations |
2. | Local Government (Urban Authorities) Act, 1982 | 30 citations |
3. | National Security Act | 27 citations |
4. | Public Leadership Code of Ethics Act | 5 citations |
5. | Local Authorities (Elections) Act, 1979 | 1 citation |