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Rules of Order Regulating the Conduct of Meetings of the Portfolio Committees By-law, 2007
- Published in Western Cape Provincial Gazette no. 6426 on 16 March 2007
- Commenced on 16 March 2007
- [Up to date as at 28 May 2021]
Part 1 – General
1. DefinitionsIn these regulations, unless inconsistent with context:—"chairperson" means the member elected as chairperson of the portfolio committee or any other member acting as chairperson of the committee;"council" means the municipal council of Drakenstein;"code" means the code of conduct for councillors set out in the Systems Act;"committee" means aportfolio committee established by council in terms of section 79 or 80 of the Municipal Structures Act;"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);"MEC" means the member of the Executive Council responsible for local government in the province of the Western Cape;"meeting" means the meetings of portfolio committees;"member" means a member of portfolio committees;"motion" means amotion ofwhich written notice is given by a member;"municipal manager" means the person appointed by council in terms of the Structures Act, or a person delegated by the municipal manager;"party" means a party referred to in the Structures Act;"rules" means the provisions of this by-law;"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).
Part 2 – Application of rules
Part 3 – Meetings
4. Commencement of meetingThe chairperson 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 12.
5. Order of business
6. Business to be transacted
8. Attendance at meetings
9. Leave of absenceA member who wishes to be absent from meetings must before so absenting himself or herself, obtain leave of absence from council; provided that the speaker, on good cause, may grant leave of absence to a member who has been prevented by special circumstances from obtaining leave of absence from council.
10. Non-attendanceThe speaker shall inspect the attendance register for council meetings on a regular basis and may, if deemed fit, take the appropriate steps in terms of the Code of Conduct for councillors against members who are absent on a regular basis.
Part 4 – Decisions
13. Debate prior to decisions
14. Manner of voting
15. DecisionsAll questions before committees, be it a decision in terms of delegated powers or a recommendation to the executive mayor, are decided by a majority of votes cast.
Part 5 – Public access
16. Admittance of publicThe chairperson must take reasonable steps to regulate public access to, and public conduct at committee meetings.
17. Matters In-Committee
18. Exclusion of the public and media from meetings
19. Re-admission of public and media to meetings
20. Invitation to non-memberThe chairperson may after consultation with the municipal manager, invite a person who is not a member, to address the committee or to attend a meeting to state his or her views on a matter before the council.
Part 6 – Order in meetings
22. 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 chairperson may order that he or she should be removed from the meeting.
23. Conduct of members
24. OffenceAny non-member or member of the public who—(a)refuses or fails to comply with a direction of the chairperson given in terms of sections 22 and 23; 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 not exceeding R2 000 (two thousand rand).
Part 7 – Rules of debate
25. Member to address chairA member who speaks at a meeting must address the chair and may do so in any one of the three official languages of the Province of the Western Cape.
27. Notices of motions and notices of questions
28. 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 committee when called upon by the committee 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 chairperson of a substitute member to move the motion or ask the question.
29. Points of orderA member may raise a point of order to call attention to a departure from these rules by stating the particular rule such member relies on, whereupon such member shall immediately be heard.
30. Points of explanationThe chairperson 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.
31. Chairperson’s ruling on points of order and explanationThe ruling of the chairperson on a point of order or an explanation shall be final and not open to discussion. Such ruling shall be entered in the minutes of the meeting.
- Entire By-law
- Part 1 – General
- Part 2 – Application of rules
- Part 3 – Meetings
- Part 4 – Decisions
- Part 5 – Public access
- Part 6 – Order in meetings
- Part 7 – Rules of debate
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.
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