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Rules of Order for the Conduct of Meetings of the Council By-law, 2018
- Published in Western Cape Provincial Gazette no. 7957 on 13 July 2018
- Commenced on 13 July 2018
- [Up to date as at 9 October 2020]
1. DefinitionsIn this by-law, the Afrikaans text prevails in the event of any conflict with the English text, and unless inconsistent with the context–“Code” means the Code of Conduct for councillors set out in Section 54 and Schedule 1 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);“committee” means a committee established by council in terms of section 79 or 80 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), or any other committee established by council for a specific purpose;“Constitution” means the Constitution of the Republic of South Africa, 1996;“council” means the municipal council of Bergrivier;“councillor” means a member of the municipal council of Bergrivier municipality and includes a member of any committee established by the council;“MEC” means the Member of the Executive council responsible for local government in the province of the Western Cape;“meeting” means the meetings of the municipal council and any committee established by council;“member” means a member of the municipal council and any committee established by council;“motion” means a motion of which written notice is given by a member, but shall not include a motion as contemplated by sections 43 and 44 and order motions as set out in section 48;“municipal manager” means the person appointed by council in terms section 54A of the Systems Act or a person delegated by the municipal manager;“municipality” means the Bergrivier Municipality established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;“notice” means notice given of meetings which notice must be in writing including notice by electronic mail and cellular phone;“party” means a party as defined in the Structures Act,“rules” means the provisions of this by-law (alternatively these Rules of Order);“speaker” means the member elected as chairperson of the council or any other member elected as chairperson of the council and the chairpersons of committees established by council and members acting in those capacities;“Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);“Structures Act” means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998); and“whip” means a member of a party in the council appointed by that party as whip to assist (alternatively, together with the chief whip) with the functioning of the council in terms of this by-law.
Application of by-law
4. Chairing of meetings
5. Commencement of MeetingThe speaker must take the chair precisely at the time for which the meeting is convened and must proceed immediately with the business of the meeting subject to section 14.
6. Order of Business
7. Speaker may introduce urgent mattersThe speaker, executive mayor and the municipal manager may at any time and without notice make any statement or introduce urgent matters and such matters may be discussed if the majority of the members agree thereto.
8. Business to be transactedExcept as otherwise provided in these rules, no matter not specified in the agenda of a meeting of the council shall be transacted at such meeting.
9. Meetings and agendas
10. Attendance at Meetings
11. Leave of Absence
12. Sanction for non-attendanceSubject to the provisions of the Code, the speaker must act in accordance with the standing procedures as reflected in Schedule 1 to this by-law against members who do not comply with sections 10 and 11 of this by-law.
15. Unopposed MattersWhenever council is called upon to consider a matter before it and there is no opposition from any member, an unanimous vote must be recorded in the minutes.
16. Manner of Voting
18. Unopposed issues
19. Rescission of resolutionsA member who wishes council to rescind or amend a resolution taken at a meeting, must deliver to the municipal manager a notice of motion in writing stating the following-(a)at which meeting the motion will be introduced;(b)that the resolution be reviewed for the purpose of rescission or amendment as the case may be; and(c)in the case of amendment, the exact amendment desired.[There is no number at subsection (1) in the original version of the Act]
20. Admittance of PublicThe speaker must take reasonable steps to regulate public access to public conduct at meetings as well as the safety of persons.
21. Non-disclosure of matters
22. Exclusion of the public and media from meetings
23. Re-admission of public and media to meetings
24. Invitation to non-memberThe speaker may invite a person who is not a member of council to address council or to attend a meeting in order to express his or her opinion on a matter before council. A time limit of 15 minutes, or any such time as may be allowed by the meeting, will apply.
Order at meetings
26. Conduct of non-members and members of the publicIf a non-member or member of the public misbehaves, behaves in an unseemly manner, or obstructs the business of any meeting, the speaker may order that he or she should leave the meeting or be removed from the meeting.
27. Conduct of members
28. OffencesAny non-member or member of the public who–(a)refuses or fails to comply with a direction of the speaker given in terms of sections 26 and 27; or(b)returns to the place of meeting prior to the conclusion of the meeting from which he was directed to retire; or(c)offers resistance whilst being removed from the place of meeting; shall be guilty of an offence and liable on conviction to a fine or imprisonment or either such fine or imprisonment or to both such fine and such imprisonment.
Rules of debate
29. Member to address speakerA member that speaks at a meeting must address the speaker whilst standing and can address such meeting in any of the three official languages of the Province of the Western Cape, as regulated by council’s communication policy.
30. Order of PriorityWhen a member wishes to address the council, he or she must first have the permission of the speaker and must raise his or her hand in order to obtain permission to speak.
31. Precedence of speakerWhenever the speaker addresses the meeting, all members must be silent so that the speaker may be heard without any interruption.
33. Right to speak and limitation
34. Length of speeches
35. Re-introduction of motion or questionNo motion which has been rejected by the council and no question asked in terms of the by-law and dealt with at any meeting may again be moved or asked within a period of three months of such meeting except with the consent of the speaker.
36. Notices of motion
37. Notices of question
38. Absence of mover or questionerIn the event of the mover or questioner not being present in his or her place at the meeting of the council when called upon by the speaker to move a motion or ask a question standing in his or her name on the agenda, such motion or question shall lapse, unless the original mover or questioner has notified the speaker in writing of a substitute to move the motion or ask the question.
39. Motions and questions on matters dealt with by a committee
40. Recommendation by committee regarded as motion
42. Motion of exigency
43. Motions of courseIn addition to those provided for elsewhere in this by-law, the following shall be regarded as motions of course–(a)that preference is given to the consideration of any item on the agenda;(b)that any report referred to in the agenda be noted, adopted, acted upon or referred back; and(c)that any document before the council be acted upon in the manner specified in the motion.
44. Point of order
45. Point of explanationThe speaker may allow a member to raise a point of explanation provided that such explanation shall be confined to some material part of the debate which may have been misunderstood.
46. Withdrawal of motion, amendment or question
47. Speaker’s ruling on points of order and explanation
48. Order of debateWhen a matter is under debate at any meeting of council, no further motion shall during such discussion be received except the following–
49. Amendment of motion
50. Postponement of consideration of the matter
51. Adjournment of council to another date
52. Adjournment of council for a specified time
53. Adjournment of debate
54. Voting on a matter
55. Removal of matter from the agenda
Process for adoption of by-laws
56. Submission of draft by-lawA by-law may only be introduced by a member or the executive mayor.
57. First submission to council
58. Submission by executive mayor
60. Second submission to council
61. Debating procedureThe provisions regarding debating are also applicable to the legislative process.
62.Anyone who speaks at a meeting may use any of the three official languages recognised by the Constitution of the Western Cape, 1997, namely Afrikaans, English and isiXhosa.
63. Privileges and immunities for councillorsThe privileges and immunities of councillors of the municipality are subject to the provisions of the Western Cape Privileges and Immunities of Councillors Act, 2011(Act 7 of 2011).
64. Municipal employees
65. Offences and penalties
66. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law.
67. Short title and commencementThis by-law shall be known as the Rules of Order Regulating the Conduct of Meetings of the Council of Bergrivier Municipality and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- Chapter 1 – Application of by-law
- Chapter 2 – Meetings
- Chapter 3 – Decisions
- Chapter 4 – Public access
- Chapter 5 – Order at meetings
Chapter 6 – Rules of debate
- 29. Member to address speaker
- 30. Order of Priority
- 31. Precedence of speaker
- 32. Relevance
- 33. Right to speak and limitation
- 34. Length of speeches
- 35. Re-introduction of motion or question
- 36. Notices of motion
- 37. Notices of question
- 38. Absence of mover or questioner
- 39. Motions and questions on matters dealt with by a committee
- 40. Recommendation by committee regarded as motion
- 41. Questions
- 42. Motion of exigency
- 43. Motions of course
- 44. Point of order
- 45. Point of explanation
- 46. Withdrawal of motion, amendment or question
- 47. Speaker’s ruling on points of order and explanation
- 48. Order of debate
- 49. Amendment of motion
- 50. Postponement of consideration of the matter
- 51. Adjournment of council to another date
- 52. Adjournment of council for a specified time
- 53. Adjournment of debate
- 54. Voting on a matter
- 55. Removal of matter from the agenda
- Chapter 7 – Process for adoption of by-laws
- Chapter 8 – Miscellaneous provisions
History of this By-law
13 July 2018 this versionPublished in Western Cape Provincial Gazette no. 7957By-law commences.
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