Buffalo City
South Africa
South Africa
Standing Rules and Orders for Council By-law, 2007
- Published in Eastern Cape Provincial Gazette 1940 on 28 July 2008
- Not commenced
- [This is the version of this document from 28 July 2008.]
Chapter 1
Definitions
1. Definitions
In this by-law, words used in the singular include the plural and vice versa and unless the context otherwise indicates -"authorised official" means -Chapter 2
Application of rules
2. Suspension of rules
The Council may by resolution dispense with or suspend a provision of these rules for a specific period or purpose, provided the suspension thereof is not in conflict with the Constitution or the relevant legislation.3. Application of rules to non-member participants
4. Attendance register for Council meetings
The onus is on each member attending a Council meeting to sign his or her name in the attendance register kept for this purpose.5. Decisions of the Council
6. Adjournment in the event of no quorum
7. Public participation
Chapter 3
Sittings of the Council
8. Election of Speaker
8A. Election of Executive Mayor, Chief Whip of the Council and other municipal office bearers
9. The role of the Speaker
10. Order at commencement and adjournment
When the Council commences or adjourns the Municipal Manager must call on all councillors and members of the public present to rise and remain in their places until the Speaker and the Executive Mayor have taken their seats or have left the Chamber, whichever is applicable.11. Conduct of business and proceedings
The Council must conduct its business and proceedings in accordance with the Constitution, these rules and resolutions of the Council in -12. Business limited by notice of meeting
13. Order of business of ordinary meeting
14. Sitting days
15. Open Days
16. Venue and agenda for meetings of Council
17. Public notice of meetings of Council
The Municipal Manager must give at least 48 hours' notice to the public of the date, time and venue of every -18. Minutes of proceedings
19. Opportunity for prayer or meditation
A moment of silence for prayer or meditation must be observed at the commencement of a Council meeting.20. Interruption, suspension or adjournment of proceedings
21. Orders to leave sittings
The Speaker may, at a sitting of the Council, order a member of the public to leave the meeting when it is necessary to give effect to the measures taken by the Speaker under sub-rule 9 (8) (g).22. Removal of persons
When instructed by the Speaker, an authorised official must remove or arrange for the removal of a person -23. Visiting local, provincial and national government representatives and traditional leaders
The Speaker, after consultation with the head of a delegation, may invite any visiting representative of the local, provincial or national government, or a traditional leader, who is on a visit to the Council, to address the Council.24. Language policy
25. Conduct of Councillors
Chapter 4
Order in meetings and rules of debate
26. Order of business
When a motion is under discussion at any meeting of the Council no further motion shall be received except the following that -27. That the motion be amended
28. That consideration of the question be postponed
29. That the Council adjourns
30. That the Council adjourns for a caucus meeting
31. That the debate now be adjourned
32. That the question be put
33. That the Council proceeds to the next business
34. Freedom of speech
35. Members may not be interrupted
No member may interrupt another member who is addressing the Speaker, except to call attention to a point of order or a question of privilege.36. Precedence of the Speaker
Whenever the presiding Speaker rises during a debate in the Council, a member addressing or seeking to address the Speaker must sit down and allow the Speaker to be heard without interruption.37. Grave disorder
In the event of grave disorder at a sitting of the Council, the Speaker may suspend the proceedings or adjourn the sitting.38. Members to address Speaker
A member must address the Speaker when speaking and, if possible, must stand while doing so.39. Calling of members
40. Time limits for speeches
41. Offensive and unbecoming language
No member may -42. Explanations
43. Points of order
When a point of order is raised, the member addressing the Speaker must stop speaking and sit down and after the point of order has been stated the Speaker may summarily give or reserve his or her rulinq or decision.44. Acting for absent member
If the member in charge of a motion is absent from the Council, then another member authorised by the absent member may take charge of the motion.45. Rights of member to speak
A member may speak in the Council -46. When reply allowed
A reply must be allowed to a member -47. Debate closed
A reply to a debate closes the debate in the Council unless the Speaker allows further discussion.48. Postponed questions put without further debate
A question that was postponed after the debate on it was concluded in the Council must be put without further debate.49. Questions put again
If the Speaker has put a question and it is not heard or understood, then the question must be put again.50. Question fully put
51. Declaration of vote
52. Recording of opposition or dissent
53. Unopposed business
54. Demand for division
55. Procedure for divisions
A division shall take place in accordance with the following procedure -56. Points of order during division
While a division is in progress, members may not speak to a point of order arising out of or during the division.57. Confusion or error during division
In the event of confusion or error in a division, the procedure set out in rule 55 must be repeated, provided that if there is an inaccuracy in the numbers of the votes and these numbers can accurately be corrected in another, less cumbersome way, then the procedure need not be repeated.58. Correction of minutes
If the names of members and their votes during a division have been inaccurately reported or any errors occur in the names on the division list, then the Speaker must order the minutes of the proceedings to be corrected.59. Same question rule
60. No amendment to draft resolution
No amendment to a draft resolution may be proposed, except an amendment-61. Rescission of resolution
62. Recommendation of Committee
63. Motions without notice
Notice of motion must be given, except when -64. Notice of motion
65. Acting for absent member
A member authorised by an absent member may give notice of a motion on behalf of the absent member.66. Question of priVilege
An urgent motion directly concerning the privileges of the Council shall take precedence over other motions and orders of the day.67. Withdrawal and lapsing of motion
68. Matters of public importance or matters of exigency
Chapter 5
Public access
69. Meetings open to the public
70. Exclusion of members of the public from meetings
The member presiding at a meeting of a Committee may order a member of the public to leave the meeting -71. Removal of persons
When instructed by the Speaker or the Chairperson of a Committee or a sub- or ad hoc committee or by a person duly delegated thereto, an authorised official must remove or arrange for the removal of any person who-72. Reports of the Executive Mayor
73. Delivery of reports of the Executive Mayor
A report of the Executive Mayor shall, for the purposes of a meeting, be served in the manner provided in these rules.74. Moving of report of the Executive Mayor
75. Consideration of the budget
Notwithstanding anything to the contrary in these rules, the following provisions shall apply when the budget is considered by the Council -76. Petitions
77. Publication of proceedings, evidence, reports, etc
Chapter 6
Committees
78. Establishment of Committees
79. Mayoral Committee
80. Audit Committee
81. Committees to assist Council
82. Committees to assist the Executive Mayor
83. The duties of Committees
84. Voting in Committees
85. Attendance at Committee meetings
Chapter 7
The conduct of committee meetings
86. The chairperson
87. Notice of meetings
88. Quorum
89. Agenda
90. Recommendations
91. Minutes
92. Submission of reports and recommendations
93. Amendments to recommendations
94. Procedural recommendations
When a matter is under discussion at any Committee meeting, no further debate must be allowed if any of the following procedural recommendations are accepted; that -95. The right of the public to address a Committee
96. Application of chapter to special Council meetings and Council in Committee
This chapter shall apply to special Council meetings and meetings of Council in Committee, provided that a member may speak more than once at such meetings.97. Council in Committee
Chapter 8
Probity
98. Application
The provisions of this chapter shall apply to all members, whether in their capacity as members of the Council or any Council Committee or other Committee.99. Attendance at meetings
100. Sanctions for non-attendance at meetings
101. Contravention of by-law
102. Appeals
103. Declaration of gifts
All gifts received by a member from any person other than the member's immediate family and having a value in excess of R1000-00 or such other amount as may be determined by the Municipal Systems Act from time to time must, within 2 (two) weeks from date of receipt, be declared by such member in writing to the Municipal Manager.104. Full time member
Chapter 9
General provisions
105. Regulations
The Council may make regulations not inconsistent with any provision of this by-law, prescribing -106. Repeal of by-law
Any by-laws relating to the standing orders for Council regarding the procedure and the maintenance of order at meetings adopted by the Buffalo City Municipality or any erstwhile municipal councils of the King William's Town and East London Transitional Local .Counclls, now comprising an administrative part of the Buffalo City Municipality, shall be repealed from the date of promulgation of this by-law.107. Short title
This by-law is called the By-law Relating to Standing Rules and Orders for Council, 2007 and takes effect on a date determined by the Municipality by proclamation in the Provincial Gazette.History of this document
28 July 2008 this version
Cited documents 6
Act 6
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4395 citations |
3. | Criminal Procedure Act, 1977 | 3798 citations |
4. | Local Government: Municipal Finance Management Act, 2003 | 1741 citations |
5. | National Road Traffic Act, 1996 | 1717 citations |
6. | Constitution of the Republic of South Africa, 1996 | 601 citations |