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Rules of Order Regulating the Conduct of Meetings By-law, 2005
- Published in Western Cape Provincial Gazette no. 6303 on 3 October 2005
- Commenced on 3 October 2005
- [Up to date as at 17 November 2020]
Part 1 – General
1. DefinitionsIn this by-law, unless inconsistent with the context— "council" means the municipal council of the Municipality of Cape Agulhas; "code" means the Code of Conduct for Councillors as set out in Schedule - of the Systems Act; "Constitution" means the Constitution of the Republic of South Africa, 1996; "MEC" means the member of the Provincial Executive Council responsible for local government in the province of the Western Cape; "meeting" means the meetings of the council; "motion" means a motion of which notice is given by a member but shall not include a motion as contemplated in sections 38 and 39; "member" means a member of the council; "municipal manager" means the person appointed by council in terms of the Structures Act, or a person delegated by the municipal manager; "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).
Part 2 – Application of Rules
Part 3 – Meetings
4. Commencement of MeetingThe speaker must take the chair precisely at the time the meeting has been scheduled for and must proceed immediately with the business of the meeting subject to section 14.
5. Order of Business
6. Non-disclosure of Matters
7. Speaker may introduce urgent matterThe speaker may at any time and without notice make any statement or introduce urgent matters.
8. Business to be transactedExcept as otherwise provided in these rules, no matter not specified in the agenda of a meeting may be transacted at such meeting.
10. Attendance at Meetings
11. Leave of AbsenceA member who wishes to absent himself or herself from meetings must before so absenting himself or herself, obtain leave of absence from the Council, provided that the speaker, on good cause shown, may grant leave of absence to a member who has been prevented by special circumstances from obtaining leave of absence from the Council.
12. Sanction for Non-attendance
Part 4 – Decisions
15. Unopposed MattersWhenever council is called upon to consider a matter before it and there is no opposition from any member, a unanimous vote will be recorded in the minutes.
16. Opposed matters
18. Preference to unopposed business
Part 5 – Public Access
19. Admittance of PublicThe speaker must take reasonable steps to regulate public access to, and public conduct at meetings.
20. Exclusion of the public from meetings
21. Re-admission of public and media to meetings
Part 6 – Order in Meetings
22. Conduct of non-members and members of the publicIf a non-member or member of the public misconducts himself or herself, behaves in an unseemly manner or obstructs the business of any meeting, the speaker may direct such person to retire from the place of meeting for the remainder of the meeting and may, if necessary, cause him or her to be removed therefrom.
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 speaker given in terms of section 22; or (b) returns to the place of meeting prior to the conclusion of the meeting from which he or she was directed to retire or to be removed; (c) offers resistance whilst being removed from the place of meeting, shall be guilty of an offence and liable on conviction to a fine determined by the court or to imprisonment for a period as determined by the court.
Part 7 – Rules of Debate
25. Member to address the 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.
26. Order of priorityWhen a member wishes to address the council, he or she must first have the permission of the speaker.
27. Precedence of SpeakerWhenever the speaker addresses the meeting, all members must be silent so that the speaker may be heard without any interruption.
29. Right to speak
30. Length of speechesExcept with the consent of the speaker no member may speak for more than five minutes.
31. 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.
32. Notices of motions
33. Notices of questions
34. Absence of mover or questionerIn the event of the mover or questioner not being present at the meeting of the council when called upon by the speaker to move a motion or ask a question standing in his name on the agenda, such motion or question shall lapse unless the original mover or questioner has notified the speaker in writing of a substitute to move the motion or ask the question.
35. Motions and questions on matters dealt with by committee, executive mayor or member of the mayoral committee
36. Recommendation of the executive mayor regarded as motion
38. Motion of exigency
39. Motions of courseIn addition to those provided for elsewhere in these rules, the following shall be regarded as motions of course: (a) that precedence be given to the consideration of any particular item appearing on the agenda; (b) that any report referred to in the agenda be noted, adopted, acted upon or referred back; (c) that any document before the council be acted upon in the manner specified in the motion; (d) that action be taken in regard to any item submitted for consideration in the manner specified in the motion; (e) that the public be excluded from the meeting during a discussion of an item or items on the agenda.
40. 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.
41. 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.
42. Withdrawal of motion, amendment or question
43. Speaker’s ruling on points of order and explanation
44. Order of debateWhen a motion is under debate no further motion shall be received except the following: (a) that the motion be amended; (b) that the consideration of the matter be postponed; (c) that the public and the media be excluded; (d) that the public and the media be re-admitted; (e) that the council do now adjourn to another date; (f) that the council adjourn for a specified time; (g) that the debate be adjourned; (h) that the matter be put to the vote; (i) that the matter be removed from the agenda.
45. That the motion be amended
46. That consideration of the matter be postponed
47. That the council do now adjourn to another date
48. That the council adjourn for a specified time
49. That the debate be adjourned
50. That the matter be put to the vote
51. That the matter be removed from the agenda
Part 8 – Legislative Process
52. Introduction of draft by-lawsIn accordance with section 12 of the Systems Act, a draft by-law may only be introduced by a member or the executive mayor.
53. Introduction by member
54. Introduction by executive mayor
55. PublicationThe municipal manager must as soon as possible after council has provisionally passed a by-law in terms of section 53(9) or the executive mayor has indicated satisfaction with a proposed by-law in terms of section 54(3), publish the draft by-law for public comment in order that the public will have the opportunity to make representations with regard thereto.
56. Introduction to council
57. Debate ProcedureThe rules pertaining to debate also apply to the legislative process.
- 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
- 25. Member to address the chair
- 26. Order of priority
- 27. Precedence of Speaker
- 28. Relevance
- 29. Right to speak
- 30. Length of speeches
- 31. Re-introduction of motion or question
- 32. Notices of motions
- 33. Notices of questions
- 34. Absence of mover or questioner
- 35. Motions and questions on matters dealt with by committee, executive mayor or member of the mayoral committee
- 36. Recommendation of the executive mayor regarded as motion
- 37. Questions
- 38. Motion of exigency
- 39. Motions of course
- 40. Points of order
- 41. Points of explanation
- 42. Withdrawal of motion, amendment or question
- 43. Speaker’s ruling on points of order and explanation
- 44. Order of debate
- 45. That the motion be amended
- 46. That consideration of the matter be postponed
- 47. That the council do now adjourn to another date
- 48. That the council adjourn for a specified time
- 49. That the debate be adjourned
- 50. That the matter be put to the vote
- 51. That the matter be removed from the agenda
- Part 8 – Legislative Process
History of this By-law
3 October 2005 this versionPublished in Western Cape Provincial Gazette no. 6303By-law commences.
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