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Rules of Order Regulating the Conduct of Meetings of the Council By-law, 2014
- Published in Western Cape Provincial Gazette no. 7291 on 25 July 2014
- Commenced on 25 July 2014
- [This is the version of this document from 25 July 2014 and includes any amendments published up to 13 May 2022.]
Part 1 – General
1. DefinitionsIn these rules, unless inconsistent with context –"code" means the code of conduct for councillors set out in the Systems Act;"committee" means a portfolio committee established by council in terms of sections 79 or 80 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) or a committee contemplated in section 14 of the Code of Conduct for Councillors;"Constitution" means the Constitution of the Republic of South Africa, 1996;"council" means the municipal council of Drakenstein;"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;"member" means a member of the municipal council;"motion" means a motion of which written notice is given by a member, but shall not include a motion as contemplated by rules 39 and 40, and order motions as set out in rule 45;"municipal manager" means the person appointed by council in terms of the Local Government: Municipal Systems Act, 2000, or a person delegated by the municipal manager;"party" means a party as defined in the Local Government: Municipal Structures Act, 1998;"rules" means the provisions of this by-law;"speaker" means the member elected as chairperson of the council or any other member acting as chairperson of the council;"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)."tools of trade" means the resources or enabling facilities such as furniture, telephones, electronic devices or any other resources or enabling facilities provided by the municipality to a member to enable effective and efficient fulfillment of his or her duties in the most cost effective manner.
Part 2 – Application of rules
Part 3 – Meetings
4. Commencement of meetingThe speaker must take the chair at the time for which the meeting is convened and must proceed immediately with the business of the meeting subject to rule 13.
5. Order of business
6. Speaker may introduce urgent matterThe speaker may at any time and without notice make any statement or introduce urgent matters.
7. 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. Attendance at meetings
10. Leave of absence
Part 4 – Decisions
14. Unopposed mattersWhenever council is called upon to consider a matter and there is no opposition from any member, a unanimous vote shall be recorded in the minutes.
15. Debate prior to decisions
16. Manner of voting
Part 5 – Public access
18. Admittance of publicThe speaker must take reasonable steps to regulate public access to, and public conduct at meetings.
19. Matters In-Committee
20. Exclusion of the public and media from meetings
21. Re-admission of public and media to meetings
22. Deputations and invitations to non-membersMembers of the public and deputations will as a general rule be interviewed by the executive mayor or committees. Under special circumstances, the speaker may-(a)grant approval for a deputation to be interviewed by council;(b)allow a member of the public to address council; or(c)to attend a meeting in order to state his or her views on a matter before council.
Part 6 – Order at meetings
23. Conduct of members, 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 be removed from the meeting.
25. OffenceAny member, non-member or member of the public who –(a)refuses or fails to comply with a direction of the speaker given in terms of rule 22 and 23;(b)returns to the place of meeting prior to the conclusion of the meeting from which he was directed to retire;(c)offers resistance whilst being removed from the place of meeting; or(d)contravenes rule 24(4); 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
26. Member to address speakerA member who speaks at a meeting must address the speaker and may do so in any one of the three official languages of the Province of the Western Cape.
27. Order of priority
28. Precedence of speakerWhenever the speaker addresses the meeting, all members must be silent.
30. Right to speak
31. Debate management
32. Re-introduction of motion or questionNo 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 months of such meeting except with the consent of the speaker.
33. Notices of motion
34. Notices of questions
35. Absence of mover or questionerA motion or question shall lapse if-(a)the mover or questioner is absent when called upon by the speaker to move a motion or ask a question standing in his or her name on the agenda; and(b)the mover or questioner has not notified the speaker in writing of a substitute to move the motion or ask the question.
36. Motions and questions on matters dealt with by a committee or executive mayor
37. Recommendation by executive mayor or committee regarded as motion
39. Motion of exigency
40. Motions of course
41. Points of orderA member may raise a point of order to draw attention to a departure from these rules by stating the particular rule he or she relies on, whereupon he or she shall immediately be heard.
42. Points 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.
43. Withdrawal of motion, amendment or question
44. Speaker’s ruling on points of order and explanation
45. Order of debateWhen a matter is under debate, no further motion shall be received except that-(a)the motion be amended;(b)consideration of the matter be postponed;(c)the public and the media be excluded;(d)the public and the media be re-admitted;(e)the meeting adjourn to another date;(f)the meeting adjourn for a specified time;(g)the debate be adjourned;(h)the matter be put to the vote;(i)the meeting proceed to the next business.
46. Amendment of motion
47. Postponement of consideration of the matter
48. Adjournment of meeting to another date
49. Adjournment of meeting for a specified time
50. Adjournment of debate
51. Voting on a matter
52. Removal of matter from the agenda
Part 8 – Members' tools of trade
53. Tools of tradeIt is the responsibility of members to have the tools of trade provided to them by the municipality available and in a working condition at all times.
Part 9 – Repeal of by-laws
54. Repeal of by-lawsBy-Law 20/2007: Rules of Order regulating the Conduct of Meetings of the Council of the Municipality of Drakenstein promulgated in Provincial Gazette 6426 dated 16 March 2007, is hereby repealed.
History of this By-law
25 July 2014 this versionPublished in Western Cape Provincial Gazette no. 7291By-law commences.
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