Hessequa
South Africa
South Africa
Rules for the Conduct of Meetings (Rules of Order) By-law, 2020
- Published in Western Cape Provincial Gazette 8241 on 1 June 2020
- Commenced on 1 June 2020
- [This is the version of this document from 1 June 2020 and includes any amendments published up to 9 June 2023.]
1. Definitions
In 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 Systems Act;"committee" means a committee of the Council established in terms of section 79 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and a portfolio committee of the Council established in terms of section 80 of the Structures Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" means the municipal Council of Hessequa;"EMC" means the Executive Mayoral Committee that is not a committee of the Council;"meeting" means the meetings of the Council as well as any committee of the Council and the EMC;"member" means a member of the Council, its committees and the EMC:"member of the public" means a person who is not a Councillor or a municipal employee and who attends a meeting of the Council or a committee in person or electronically;"members of the Council" means the same number of members stipulated in the section 12 notice in terms of the Structures Act and include a political office-bearer as defined in section 1 of the Systems Act;"motion" means a motion of which notice is given by a member, but does not include a motion as envisaged in sections 39 and 40 of the Systems Act;"Municipal Manager" means the Municipal Manager as defined in the Systems Act;"notice" means a notice given of meetings, which notice must be in writing and includes electronic mail;"ordinary Council meeting" means an ordinary meeting of the Council convened in accordance with section 10;"party" means a party envisaged in the Structures Act;"party whip" means a Councillor appointed by his or her party to perform the duties attached to the position of a whip as envisaged in these rules;"Provincial Minister" means the member of the Provincial Cabinet responsible for local government matters in the Western Cape Province;"quorum" in relation to—(a)the Council means a majority of the incumbent councillors; and(b)a committee means a majority of the incumbent members appointed to that committee by the Council;"rules" means the provisions of this by-law (alternatively, these Rules of Order);"Speaker" means the Speaker of the Council elected in terms of section 36 of the Structures Act or the Acting Speaker elected in terms of section 41 of the Structures Act;"special Council meeting" means a special meeting of the Council convened in terms of section 10;"Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"working day" means any day of the week except—(a)a Saturday, Sunday and public holiday; and(b)when the Council is in recess."virtual meetings or sittings" means meetings or sittings conducted by any form of technology such as teleconferencing and videoconferencing.Chapter 1
Application of rules
2. Application
3. Supplementation
Chapter 2
Meetings
4. Methodology of meetings
The meetings of the Council as well as any committee of the Council and the Executive Mayoral Committee (EMC) may be held by means of face to face contact or virtual contact.5. Commencement of meeting
The 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 the provisions of section 15.6. Order of business
7. Speaker may introduce urgent matter
The Speaker may at any time and without notice make any relevant statement or introduce urgent matters, and such matters may be discussed.8. Matters for finalisation
Except as otherwise provided for in these rules, no matter not specified in the agenda of a meeting of the Council may be transacted at such meeting.9. Agenda
10. Council meetings
11. Attendance of meetings
12. Leave of absence
13. Sanction for non-attendance
14. Minutes
15. Quorum
Chapter 3
Virtual meetings
16. Interpretation
17. Public notice of virtual meeting
18. Notice and venue of meeting
19. Presiding officer
In a virtual meeting the Speaker shall have all the powers as provided for in this Rules of Order.20. Quorum
In a virtual meeting -21. Exclusion of the public and media from meetings
Whenever the Council decides to exclude the public and media from a virtual meeting, electronic access to the meeting must be suspended in order to close all or part of the meeting to the public and media.22. Voting
23. Privileges and immunities
Councillors enjoy the same privileges and immunities which they ordinarily enjoy in physical Council proceedings.Chapter 4
Resolutions
24. Unopposed matters
When Council is called upon to consider a matter before it and there is no opposition from any member on the matter in terms of section 25(3), a unanimous vote must be recorded in the minutes.25. Opposed matters
26. Resolutions
27. Manner of voting
Chapter 5
Public access
28. Admittance of public
The Speaker must take reasonable steps to ensure access for the public (taking the capacity of the Council chamber into account), the safety of the public and the orderly proceeding of meetings and to regulate the conduct of the public at meetings, as envisaged in section 20(4) of the Systems Act.29. Non-disclosure of matters
30. Exclusion of the public and media from meetings
31. Readmittance of public and media to meetings
32. Invitation to non-members
33. Deputations
Chapter 6
Order at meetings
34. Conduct of non-members and members of the public
If a non-member or member of the public is guilty of misconduct, behaves in an unseemly manner, breaches any rules, uses defamatory or obscene language, makes disparaging remarks, causes a disturbance 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, or in terms of sections 59 or 60 provide the opportunity for the meeting to be postponed or adjourned.35. Conduct of members
36. Offences
Any non-member or member of the public who:Chapter 7
Rules of debate
37. Member to address Speaker
A member that speaks at a meeting must address the Speaker whilst standing, unless the Speaker determines otherwise, and may do so in any of the three official languages of the Province of the Western Cape, as regulated by Council's communication policy.38. Order of priority
When a member wishes to address the Council, the member must first obtain the Speaker's permission.39. Precedence of Speaker
Whenever the Speaker addresses the meeting, all members must remain silent so that the Speaker may be heard without any interruption.40. Relevance
41. Right to speak
42. Duration of speeches
Except with the permission of the Speaker, no member may speak for more than five (5) minutes on any matter.43. Re-introduction of motion or question
No motion which has been rejected by the Council and no question asked in terms of the rules and dealt with at any meeting may again be moved or asked within a period of three (3) months of such meeting, unless permitted by the Speaker.44. Notice of motion
45. Notice of question
46. Absence of mover or questioner
In the event of the mover or questioner not being present in his or her place at the Council meeting when called upon by the Speaker to move a motion or put a question appearing in his or her name on the agenda, such motion or question will lapse, unless the original mover or questioner has notified the Speaker in writing prior to the meeting of a secondi’s to move the motion or put the question.47. Motions and questions on matters dealt with by a committee
48. Recommendation by committee regarded as motion
49. Tabling of documents
50. Questions
51. Motion of exigency
No motion of exigency, excluding motions in terms of section 6, may be moved.52. Motions of course
In addition to the motions provided for elsewhere in these rules, the following will be regarded as motions of course -53. Point of order
A member may raise a point of order to call attention to a deviation from these rules by mentioning the rule that such member is referring to, after which such member must immediately be heard.54. Point of explanation
The Speaker may allow a member to raise a point of explanation: provided that such explanation will be confined to a material part of the debate which may have been misunderstood.55. Withdrawal of motion, amendment or question
56. Speaker’s ruling on motion of course or points of order and explanation
57. Order of debate
When a motion is under debate at any meeting of Council, no further motion may be received except the following:58. Amendment of motion
59. Adjournment of proceedings
The Speaker may only adjourn a meeting—60. Postponement of consideration of the matter
61. Adjournment of Council to another date
62. Adjournment of Council for a specified time
63. Adjournment of debate
64. Postponement of meeting
65. Voting on a matter
66. Removal of matter from the agenda
Chapter 8
Process for adoption of by-laws
67. Submission of draft by-laws
A by-law may only be submitted by a member or the Executive Mayor.68. Submission by member
69. Submission by Executive Mayor
70. First submission to Council
71. Publication
72. Second submission to Council
73. Debating procedure
The rules on debating are also applicable to the legislative process.Chapter 9
General provisions
74. Penalties
A person who has committed an offense under this by-law is liable on conviction to a fine or, if the fine is not paid, imprisonment or such imprisonment without the option of a fine, or both the fine and such imprisonment and, in the case of a successive or continued offense, to a fine for each day on which such offense continues, or if the fine is not paid, to additional imprisonment.75. Repeal of by-laws
The 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 insofar as they relate to matters provided for in this by-law, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.76. Title and commencement
This by-law will be known as the By-Law Relating to the Rules for the Conduct of Meetings (Rules of Order) of the Council of Hessequa Municipality and will come into effect on the date of publication thereof in the Provincial Gazette.Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |