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Rules of Order for Internal Arrangements By-law, 2013
- Published in Western Cape Provincial Gazette no. 7188 on 18 October 2013
- Commenced on 18 October 2013
- [Up to date as at 9 April 2021]
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 1 of the Systems Act;"committee" means a committee established by the Council in terms of section 79 of the Structures 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);"working day" means any day of the week except Saturday or Sunday or a public holiday.
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 absence
12. Sanctions 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 public
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. Debate management
32. Content of debate
33. Points of order
35. 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.
36. Notices of motions
37. Notices of questions
38. 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.
39. 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.
40. Notice of motions
42. Motions of exigency
43. Motions of course
44. Precedence of debateWhen a motion is under debate no further motion may be received, except the at-(a)the motion be amended;(b)the consideration of the matter be postponed to a fixed or undetermined date;(c)members of the public be excluded;(d)members of the public be re-admitted;(e)the meeting adjourn to another date;(f)the meeting adjourn for a specified time;(g)the debate on the matter be adjourned for a specified time;(h)the matter be put to the vote;(i)the matter be removed from the agenda;(j)the matter be removed from the agenda; or(j)the question or motion be withdrawn.
45. Amendment motions
46. Motion for postponement of matter
47. Motion for adjournment of meeting to another date
48. Motion for adjournment of meeting for specified time
49. Motion of adjournment of debate on matter for specified time
50. Motion that matter be put to vote
51. Motion to remove matter from agenda
52. Motion to refer matter to committee
53. Withdrawal of motions or questions
54. 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.
55. Re-introduction of motions or questions
56. Motions or questions on matters referred to committee
57. Recommendation by Executive Mayor
Part 8 – Legislative process
58. 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.
59. Introduction of draft by-laws by councillors
60. Introduction of draft by-laws by Executive Mayor
61. Publication of draft by-lawsThe Municipal Manager must as soon as possible after-(a)the Executive Mayor has decided to support the draft by-law under rule 46(5);(b)the Council has given approval in terms of rule 46(7) for the commencement of the legislative process; or(c)the Executive Mayor has introduced a draft by-law in terms of rule 47(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.
62. Consideration of draft by-laws
Part 9 – Miscellaneous matters
63. Offences and penalties
64. Short titleThis By-law is called the Rules of Order for Internal Arrangements By-law, 2013.
- 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. Debate management
- 32. Content of debate
- 33. Points of order
- 34. Explanations
- 35. Re-introduction of motion or question
- 36. Notices of motions
- 37. Notices of questions
- 38. Absence of mover or questioner
- 39. Motions
- 40. Notice of motions
- 41. Questions
- 42. Motions of exigency
- 43. Motions of course
- 44. Precedence of debate
- 45. Amendment motions
- 46. Motion for postponement of matter
- 47. Motion for adjournment of meeting to another date
- 48. Motion for adjournment of meeting for specified time
- 49. Motion of adjournment of debate on matter for specified time
- 50. Motion that matter be put to vote
- 51. Motion to remove matter from agenda
- 52. Motion to refer matter to committee
- 53. Withdrawal of motions or questions
- 54. Absence of councillor who gave notice of motion or question
- 55. Re-introduction of motions or questions
- 56. Motions or questions on matters referred to committee
- 57. Recommendation by Executive Mayor
- Part 8 – Legislative process
- Part 9 – Miscellaneous matters
History of this By-law
18 October 2013 this versionPublished in Western Cape Provincial Gazette no. 7188By-law commences.