(1)
The Lord Mayor and the Deputy Lord Mayor may be removed from office by the Council, by resolution supported by not less than two-thirds majority of all the members of the Council on any of the following grounds-
(c)
misconduct or misbehaviour;
(d)
physical and mental incapacity rendering him or her incapable of performing the duties of Lord Mayor or Deputy Lord Mayor; or
(2)
Notwithstanding subsection (1), the seat of the Lord Mayor or the Deputy Lord Mayor shall fall vacant if-
(a)
the holder resigns in writing addressed to the Minister;
(b)
the holder commits a breach of the Leadership Code of Conduct and the punishment imposed includes the vacation of office;
(c)
the holder accepts appointment to a public office;
(d)
the holder is sentenced to death or to imprisonment exceeding six months without the option of a fine;
(e)
the holder is convicted of an offence involving dishonesty or moral turpitude; or
(f)
circumstances arise which disqualify the holder from occupying the office under any other law.
(3)
For the purposes of removing the Lord Mayor or the Deputy Lord Mayor under subsection (1), other than under subsection (1)(d), a petition in writing signed by not less than one-third of all the members of the Council shall be submitted to the Minister-
(a)
stating that the members intend to pass a resolution of the Council to remove the Lord Mayor or the Deputy Lord Mayor 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 Lord Mayor or the Deputy Lord Mayor be investigated for the purposes of his or her removal.
(4)
For the avoidance of doubt, where a petition has been submitted to the Minister under subsection (3), a person shall not withdraw his or her signature supporting the petition.
(5)
The Minister shall evaluate the petition 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 petition, 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.
(6)
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.
(7)
The Lord Mayor or the Deputy Lord Mayor 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.
(8)
If the tribunal determines that there is a prima facie case for the removal of the Lord Mayor or the Deputy Lord Mayor under subsection (1), other than subsection (1)(d), then if the Council passes the resolution supported by the votes of not less than two-thirds of all members of the Council, the Lord Mayor or the Deputy Lord Mayor shall cease to hold office.
(9)
For the purposes of the removal of the Lord Mayor or the Deputy Lord Mayor on grounds of physical or mental incapacity under subsection (1)(d), there shall be submitted to the Minister, a petition 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 Lord Mayor or the Deputy Lord Mayor from office on grounds of physical or mental incapacity; and
(b)
giving particulars of the alleged incapacity.
(10)
The Minister shall, within seven days after receipt of a petition under subsection (9), cause a copy to be transmitted to the Lord Mayor or the Deputy Lord Mayor, Speaker, Executive Director and the Chief Justice.
(11)
The Chief Justice shall, within seven days after receipt of the notice transmitted under subsection (10) and in consultation with the Medical Council, constitute a medical board comprising three qualified medical specialists to examine the Lord Mayor or the Deputy Lord Mayor in respect of the alleged incapacity and to report its findings to the Minister.
(12)
Upon the constitution of the medical board under subsection (11), the Chief Justice shall, within seven days, inform the Lord Mayor or the Deputy Lord Mayor accordingly.
(13)
The medical board shall examine the Lord Mayor or the Deputy Lord Mayor within fourteen days after the Chief Justice has informed the Lord Mayor or the Deputy Lord Mayor of the constitution of the medical board.
(14)
The Lord Mayor or the Deputy Lord Mayor shall submit himself or herself to the medical board for examination on a day and time determined by the medical board.
(15)
If the medical board determines that the Lord Mayor or the Deputy Lord Mayor is, by reason of physical or mental incapacity unable to perform the functions of the office of Lord Mayor or Deputy Lord Mayor 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 Lord Mayor or the Deputy Lord Mayor shall cease to hold office.
(16)
If the medical board, after the expiration of the period of fourteen days referred to in subsection (13), reports that the Lord Mayor or the Deputy Lord Mayor has failed or refused to submit himself or herself 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 Lord Mayor or the Deputy Lord Mayor shall cease to hold office.
(17)
The Minister shall, within fourteen days of receipt of the report of the tribunal or medical board, present the report to the Council.
(18)
The motion for a resolution for the removal of the Lord Mayor or the Deputy Lord Mayor shall be moved in the Council within fourteen days after the receipt by the Minister of the report of the tribunal or the medical board, failure of which shall render the resolution time-barred.
(19)
The Lord Mayor or the Deputy Lord Mayor 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 or to appear by an advocate or other expert of his or her choice.
(20)
A person who is removed as Lord Mayor or Deputy Lord Mayor may appeal to the High Court within twenty-one days after the decision is communicated to him or her and the High Court may confirm or revoke the decision to remove him or her and make any order that the court considers just in the matter.
(21)
The expenses of the tribunal and the medical board shall be met by the Authority.