Related documents
Swartland
South Africa
South Africa
Conduct of meetings By-law, 2022
- Published in Provincial Gazette 8649 on 19 August 2022
- Commenced on 19 August 2022
- [This is the version of this document from 19 August 2022 and includes any amendments published up to 1 November 2024.]
Chapter 1
Introduction
1. Definitions
In this by-law, the English text prevails in the event of any conflict with the Afrikaans text, and unless inconsistent with the context—"Code" means the Code of Conduct for Councillors set out in Schedule 7 to the Structures Act;"committee" means a committee established by the Council in terms of section 79 of the Structures Act, and includes a committee appointed 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 the municipality;"councillor" means a member of the Council, and includes a political office bearer as defined in section 1 of the Systems Act;"hybrid meeting" means a meeting where some councillors are physically present in the meeting venue and some councillors attend the meeting virtually;"meeting" means any meeting of the Council or a committee, as the case may be;"member of the public" means a person who is not a councillor or a municipal employee and who attends a meeting, and includes—(a)the media;(b)a dignitary; and(c)a representative of a sphere of government;"municipal employee" means an employee of the municipality;"Municipal Manager" means the municipal manager of the municipality as defined in the Systems Act;"municipality" means the municipality of Swartland;"ordinary Council meeting" means an ordinary meeting of the Council convened in accordance with section 6;"party whip" means a councillor appointed by the councillor’s party to perform the duties attached to the position of a party whip as contemplated in this by-law;"physical meeting" means a meeting where councillors are physically present in the same venue;"platform" means the virtual platform where a virtual meeting is held;"Provincial Minister" means the member of the Provincial Cabinet responsible for local government matters in the Province of the Western Cape;"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;"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 accordance with section 7;"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);"venue" means the Council chamber or committee room where a physical meeting is held, unless otherwise determined by the Speaker or chairperson, as the case may be;"virtual" means streamed live to the internet, using any or all of the following:(a)Video;(b)Text;(c)Audio;"virtual meeting" means a meeting where councillors are not physically present in the same venue and the meeting is conducted utilising virtual technology;"Whip" means the councillor elected in terms of section 41A of the Structures Act; and"working day" means any day of the week except—(a)a Saturday, Sunday and public holiday; and(b)when the Council is in recess.2. Application and interpretation
3. Duty of Speaker, councillors, municipal employees and members of public
The Speaker, councillors, municipal employees and members of the public must familiarise themselves with this by-law.Chapter 2
Meetings
4. Transaction and order of business
5. Agenda
6. Meetings
7. Special Council meetings
8. Functions of Speaker regarding meetings
9. Attendance by councillor
10. Order for councillor to withdraw from meeting
If the Speaker is of the opinion that a—11. Procedure for leave of absence
12. Sanctions for non-attendance
13. Recording of virtual meetings and hybrid meetings
The Municipal Manager must ensure that every virtual meeting and every hybrid meeting is digitally recorded and that the recording is stored for a period of not less than three years from the date of the meeting.14. Minutes
15. Quorum
16. Adjournment of proceedings
17. Continuation of meeting if Speaker unlawfully adjourns meeting
Chapter 3
Decisions
18. Unopposed matters
If the Council is called upon to consider a matter before it, the Speaker must ask the Council if there is any opposition to the matter from any councillor, and if there is none, a unanimous vote must be recorded in the minutes of the meeting.19. Opposed matters
If the Council is called upon to consider a matter before it, the Speaker must ask the Council if there is any opposition to the matter from any councillor, and if there is opposition—20. Decisions by voting
21. Method of voting
22. Casting of votes
Chapter 4
Attendance at and participation in meetings
23. Attendance of and address by municipal employee or member of public
24. Arrangements relating to attendance
A councillor, municipal employee or member of the public who virtually attends a meeting, must—25. Exclusion of members of public from meeting
26. Re-admission of members of public
Chapter 5
Conduct in meetings
27. Conduct of councillors, municipal employees and members of public
Chapter 6
Debate and motions
28. Address to Speaker
29. Right to speak and limitation
30. Duration of speeches
31. Participation by Speaker in debate
32. Questions
33. Content of debate
A councillor who speaks, must direct the councillor’s speech to the matter before the Council.34. Point of order
35. Explanation
36. Motion
A councillor may move a motion only when the councillor is recognised by the Speaker and if seconded by another councillor, unless provided otherwise in this by-law.37. Notice of motion
38. Question for debate
39. Motion of exigency
40. Motion of course
41. Precedence of debate
When a motion is under debate, no further motion may be received, except that—42. Amendment motion
43. Motion for postponement of matter
44. Motion for adjournment of meeting to another date
45. Motion for adjournment of meeting for specified time
46. Motion for adjournment of debate on matter for specified time
47. Motion that matter be put to vote
48. Motion to remove matter from agenda
49. Motion to refer matter to committee
50. Withdrawal of motion or question
51. Absence of councillor who gave notice of motion or question
52. Re-introduction of motion or question
A motion which has been rejected by the Council or a question which has been answered, may not again be moved or asked within a period of three months of the meeting at which it was rejected or answered, unless the Council directs otherwise.53. Motion or question on matter referred to committee
54. Report on delegated powers
An Executive Mayor, Speaker, committee or Municipal Manager must report to the Council on decisions taken with respect to a delegated or sub-delegated power or duty at such intervals as the Council may require.Chapter 7
Removal of office-bearer from office
55. Removal of Speaker, Whip (where applicable), Executive Mayor or Deputy Executive Mayor from office
Chapter 8
Legislative process
56. Introduction of draft by-law
A draft by-law may be introduced only by a councillor or a committee, as contemplated in section 12 of the Systems Act.57. Introduction of draft by-law by councillor
58. Introduction of draft by-law by committee
59. Publication of draft by-law
60. Consideration of draft by-law
Chapter 9
Miscellaneous matters
61. Official languages
Any person who speaks at a meeting may use any of the three official languages recognised by the Constitution of the Western Cape, 1997 (Act 1 of 1998), namely English, Afrikaans and isiXhosa.62. Municipal employees
A municipal employee must attend a meeting if requested to do so by the Municipal Manager or the Speaker.63. Breaches and offences
64. Repeal of by-laws
The Swartland Municipality: By-Law Relating to the Rules for the Conduct of Meetings as published in Provincial Gazette Extraordinary 7501 of 2 October 2015 is hereby repealed as a whole.65. Short title and commencement
This by-law shall be known as the Swartland Municipality: By-law relating to the Conduct of Meetings and shall come into operation on the date of publication thereof in the Provincial Gazette.History of this document
19 August 2022 this version
Commenced