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Rules of Order for Internal Arrangements By-law, 2013
- Published in Western Cape Provincial Gazette no. 7090 on 8 February 2013
- Commenced on 8 February 2013
- [Up to date as at 9 April 2021]
1. DefinitionsIn this By-law, including the rules, unless the context indicates otherwise—"committee" means a committee established by the Council in terms of section 79 of the Structures Act;"Council" means the municipal council of the Municipality of Kannaland;"councillor" means a member of the Council, including a political office bearer as referred to in section 1 of the Systems Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;"meeting" means any meeting of the Council;"member of the public" means a person who is not a councillor and who attends a meeting of the Council or a committee;"municipality" means the Municipality of Kannaland;"rules" means the rules set out in the Schedule;"Speaker"means the Speaker of the Council elected under section 36 of the StructuresAct or a councillor elected as acting Speaker under section 41 of the Structures Act;"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).
2. Application of rules
3. Duty of Speaker, councillors and members of publicThe Speaker, councillors and members of the public must familiarise themselves with these rules.
4. OffencesA councillor or a member of the public who—(a)refuses to withdraw from a place of meeting of the council or a committee when directed to do so by the Speaker or chairperson of a meeting in terms of rule 16, or(b)returns to a meeting from which he or she has withdrawn or was removed in terms of rule 16,may be forcibly removed and is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
5. Short titleThis By-law is called the Rules of Order for Internal Arrangements By-law, 2011.
1. DefinitionsIn this Schedule, unless the context indicates otherwise—"Code" means the Code of Conduct for Councillors set out in Schedule 1 to the Systems Act;"member" means a member of a committee;"Municipal Manager"means the person appointed as municipal manager by the Council in terms of section 54A of the Systems Act, or a person delegated by the Municipal Manager;"Provincial Minister" means the Provincial Minister responsible for local government in the Province;"working day" means any day of the week except Saturday or Sunday or a public holiday.
2. Order of business
5. Functions of Speaker regarding meetings
6. Attendance by councillorsSubject to item 3 of the Code, rule 7 and rule 16, a councillor must attend each meeting and must sign his or her name in the attendance register.
7. Procedure for leave of absence
8. Sanctions for non-attendance
10. Quorum for vote
11. Unopposed matters
12. Opposed matters
Attendance of members of public
14. Attendance of members of public
15. Re-admission of members of public
Conduct in meetings
16. Conduct of councillors and members of public
Debate and motions
17. Address to speaker
18. Right to speak and limitation
19. Content of debate
20. Points of order
22. MotionsA councillor may move a motion only when it is put by the Speaker and if seconded by another councillor, except if provided otherwise in these rules.
23. Notice of motions
25. Motions of exigency
26. Motions of course
27. Precedence of debateWhen a motion is under debate no further motion may be received, except—(a)that the motion be amended;(b)that the consideration of the matter be postponed to a fixed or undetermined date;(c)that members of the public be excluded;(d)that members of the public be re-admitted;(e)that the meeting adjourn to another date;(f)that the meeting adjourn for a specified time;(g)that the debate on the matter be adjourned for a specified time;(h)that the matter be put to the vote;(i)that the matter be removed from the agenda;(j)that the matter be removed from the agenda; or(k)that the question or motion be withdrawn.
28. Amendment motions
29. Motion for postponement of matter
30. Motion for adjournment of meeting to another date
31. Motion for adjournment of meeting for specified time
32. Motion of adjournment of debate on matter for specified time
33. Motion that matter be put to vote
34. Motion to remove matter from agenda
35. Motion to refer matter to committee
36. Withdrawal of motions or questions
37. Absence of councillor who gave notice of motion or questionIf the councillor who gave notice of a motion or a question is not present when called upon by the Speaker, the motion may be moved or the question may be asked by any other councillor.
38. Re-introduction of motions or questions
39. Motions or questions on matters referred to committee
40. Recommendation by Executive Mayor or Executive Committee
41. Introduction of draft by-lawsIn accordance with section 12 of the Systems Act, a draft by-law may be introduced only by a councillor or a committee.
42. Introduction of draft by-laws by councillors
43. Introduction of draft by-laws by executive mayor or executive committee
44. Publication of draft by-lawsThe Municipal Manager must as soon as possible after—(a)the Executive Mayor or the Executive Committee has decided to support the draft by-law under section 42(5);(b)the Council has given approval in terms of rule 42(7) for the commencement of the legislative process; or(c)the Executive Mayor or Executive Committee has introduced a draft by-law in terms of rule 43(1),publish the draft by-law for public comment in accordance with section 12(1)(b) of the Systems Act for at least 30 days, unless the Council has approved a shorter period.
45. Consideration of draft by-laws
46. Establishment of committees
47. Powers and functions of chairpersonThe chairperson of a committee must—(a)preside at a committee meeting;(b)decide when and where the committee meets;(c)determine the agenda of a committee meeting;(d)keep a record of the minutes of committee meetings;(e)take reasonable steps to regulate the attendance of members of the public to committee meetings;(f)ensure that meetings are accessible to persons with disabilities; and(g)preserve decorum, and make a ruling in respect of all questions relating to a matter before the committee, including a point of order.
48. Powers and functions of committees
49. Committee secretaries
50. Banners, signs and placardsThe Speaker must decide which banners, signs or placards may be displayed at meetings. No banner, sign or placard which is disruptive may be displayed at meetings.
51. Prohibition of use of audible, portable communication devices
52. Official languagesAnyone 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.
53. Municipal employees
- Entire By-law
- 1. Definitions
- 2. Application of rules
- 3. Duty of Speaker, councillors and members of public
- 4. Offences
- 5. Short title
- Chapter 1 – Introduction
- Chapter 2 – Meetings
- Chapter 3 – Decisions
- Chapter 4 – Attendance of members of public
- Chapter 5 – Conduct in meetings
Chapter 6 – Debate and motions
- 17. Address to speaker
- 18. Right to speak and limitation
- 19. Content of debate
- 20. Points of order
- 21. Explanations
- 22. Motions
- 23. Notice of motions
- 24. Questions
- 25. Motions of exigency
- 26. Motions of course
- 27. Precedence of debate
- 28. Amendment motions
- 29. Motion for postponement of matter
- 30. Motion for adjournment of meeting to another date
- 31. Motion for adjournment of meeting for specified time
- 32. Motion of adjournment of debate on matter for specified time
- 33. Motion that matter be put to vote
- 34. Motion to remove matter from agenda
- 35. Motion to refer matter to committee
- 36. Withdrawal of motions or questions
- 37. Absence of councillor who gave notice of motion or question
- 38. Re-introduction of motions or questions
- 39. Motions or questions on matters referred to committee
- 40. Recommendation by Executive Mayor or Executive Committee
- Chapter 7 – Legislative process
- Chapter 8 – Committees
- Chapter 9 – Miscellaneous matters
History of this By-law
8 February 2013 this versionPublished in Western Cape Provincial Gazette no. 7090By-law commences.