Rules and Procedures of the Council and its Committee By-law, 2017
- Published in Eastern Cape Provincial Gazette 3830 on 24 April 2017
- Commenced on 24 April 2017
- [This is the version of this document from 24 April 2017 and includes any amendments published up to 1 March 2023.]
PreambleAND WHEREAS the Constitution establishes local government as a distinctive sphere of government;AND WHEREAS section 160(6) of the said Constitution authorizes a Municipal Council to adopt policies and make by-laws which prescribe Rules and Procedures for:(a) Its internal arrangements(b) Its business and proceedings; and(c) The establishment, composition, procedures, powers and functions of its Committees;AND WHEREAS the Municipal Structures Act, the Municipal Systems Act, as well as other legislation provides for certain matters which may be included in the Rules and Procedures of a Municipality and be incorporated in the by-laws of a Municipality.The Council of the Municipality hereby adopts the following by-laws :
1. DefinitionsIn these Rules and Procedures, unless the context otherwise indicates"Accredited Organization" means a community organization, excluding political parties, which in the opinion of the Council, has substantial support in the community, has a constitution, and is accredited by the Council;"Advisory Committee" means a Committee established in terms of Section 17(4) of the Systems Act;"Code of Conduct for Councillors" means the Code of Conduct for Councillors contained in Schedule 1 of the Systems Act"Chairperson" means the Chairperson of a Standing or any other Committee established by the Council."Chief Whip" means the Whip of the ruling party in the Council who must, together with other Whips ensure the smooth functioning of the Council, or the member so designated by the political parties in the Council who do not enjoy an outright majority."Committee" means a Committee established in terms of sections 79 or 80 of the Structures Act;"Community" means that body of persons comprising the residents, the ratepayers, any civic organization, non-governmental, private sector or labour organization or body which is involved in local affairs within the municipality;"Constitution" means the Constitution of the Republic of South Africa, Act 108 of 1996, as amended;"Council" means the Municipal Council of the Municipality, as referred to in section 157 of the Constitution;"Delegation", in relation to a duty, includes an instruction to perform the duty, and "delegate" has a corresponding meaning;"MEC for local government" means the member of the Executive Council responsible for local government in the Eastern Cape Province;"Member" means a member of the Council of the Municipality;"Municipal Manager" means a person appointed by the Council in terms of section 82 of the Municipal Structures Act as Municipal Manager and includes any person acting in this post;"Municipal Systems Act" means the Local Government: Municipal Systems Act, No 32 of 2000 as amended, herein referred to as the "Systems Act";"Municipal Structures Act" means the Local Government: Municipal Structures Act, No. 117 of 1998, as amended, herein referred to as the "Structures Act";"Municipality" means the Municipality of Mbizana"Party" means a party registered in terms of the Electoral Commission Act, 1996 (Act No 51 of 1996)"Promotion of Access to Information Act" means Act 2 of 2000 as amended;"Promotion of Administrative Justice Act" means Act 3 of 2000 as amended;"Promotion of Equality and Prevention of Unfair Discrimination Act" means Act 4 of 2000;"Ratepayer" means a person who is liable to the Municipality for the payment of rates on property in the Municipality, any other tax, duty or levy imposed by the Municipality or fees for services provided either by the Municipality or in terms of a services delivery agreement concluded with the Municipality;"Resident" means a person who is ordinarily resident in the Municipality;"Speaker" means a member elected in terms of section 36 of the Structures Act to be the Speaker of the Municipal Council and the Acting Speaker where applicable;"Structure", means the Council of the Municipality or any Committee or other collective structures of the Municipality;"Ward" means a Ward mentioned in item 2 of Schedule 1 of the Structures Act;"Whip" means a member of a party in the Council appointed by that party as Whip to ensure, together with the Chief Whip, the smooth functioning of the proceedings of the Council in terms of these By-Laws.
Order of business and related matters - Council meetings
Part 1 – Order of business
2. Commencement of meeting of CouncilAt each meeting of the Council, the chair shall be taken precisely at the time for which the meeting is convened as stated in the notice of the meeting and the business of the meeting shall be proceeded with immediately.
3. Order of businessThe business at ordinary meetings of the Council shall be disposed of in the following order:
4. Election of SpeakerThe Speaker is the Chairperson of all Council meetings. If the Speaker is absent or not available to perform his/her functions, or during a vacancy, the Council must elect another member to act as Speaker.
5. Statements and communications by SpeakerThe Speaker may, without notice, make any statement or read any communication at any meeting.
6. Attendance at meetings
7. Agendas and Minutes
9. Notices of motion and notices of questions
10. Absence of mover or questionerIn the event of the mover or questioner not being in attendance at the meeting of the Council when called upon by the Speaker to introduce a motion or put a question standing in his/her name on the agenda, any other member may introduce such motion or put such question in his/her own name, unless the original mover or questioner has notified the Municipal Manager in writing of a substitute member to introduce the relevant motion or put the relevant question.
11. Motions and questions on matters dealt with by a Committee
12. Rescission of resolution
13. Recommendation of Committee
15. Motions of exigency
Part 2 – Related Matters
16. Motions of courseIn addition to the motions provided for elsewhere, the following shall be regarded as motions of course:
17. Recording a protest
18. Motion or question reintroduced or put againNo motion which has been rejected by the Council or a Committee of the Council and no question put in accordance with the provisions of section 9 and replied to at any meeting of the Council or a Committee of the Council shall again be moved or put within a period of three months of such meeting, except with the consent of the majority of the whole Council.
19. Member to address SpeakerA member speaking at a meeting of the Council or any person addressing the Council shall address the chair.
20. Length of speeches
21. Order of precedenceIf two or more members rise to speak at the same time, the Speaker shall determine who shall have precedence.
22. Precedence of SpeakerWhenever the Speaker wishes to speak during a debate, any member then speaking or offering to speak shall keep quiet and all members shall be silent so that the Speaker can be heard without any interruption.
23. RelevanceA member who speaks shall confine his/her speech strictly to the motion or question under discussion or to an explanation or a point of order.
24. Member may speak once only except mover or original motion
25. Point of order and personal explanationA member or the Municipal Manager may seek the permission of the Speaker to address the meeting -
26. Speaker's ruling on point of order
27. Withdrawal of motion, amendment or question
Part 3 – Order of debate: Motions
28. Order of debateWhen a motion is under discussion at any meeting of the Council no further motion shall be received except the following:
29. That the motion be amended
30. That consideration of the question be postponed
31. That the Council do now adjourn
32. That the Council now adjourn for a caucus meeting
33. That the debate now be adjourned
34. That the question now be put
35. That the Council proceed to the next business
Part 4 – Council in Committee
36. Application of these by-laws in the case of special meetings and meetings of the Council in CommitteeThese by-laws (excluding the provision that a member may only speak once) shall, insofar as the conduct of meetings is concerned, apply to Special Council meetings and meetings of the Council in Committee.
37. Committee of the whole Council
Part 5 – Unopposed Business
38. Unopposed business
Part 6 – Quorum
Part 7 – Decisions and voting
40. Decisions by Council
41. Voting by show of hands
42. Voting by division
43. Procedure in conducting a ballot
44. Delegation to Committees and other functionaries
45. Duty to report to delegating authorities
46. Review of delegations
Internal structures and Committees
Part 1 – Criteria for establishment of Committees
47. Criteria for establishment of CommitteesThe Municipality may establish Committees in terms of the Structures Act if the establishment of such Committees are necessary, taking into account:
Part 2 – Ward CommitteesIf the municipality is a type that must have Ward Committees, then the following rules and procedures will apply to such Committees:
48. Object of Ward CommitteesThe object of a Ward Committee is to enhance participatory democracy at local level.
49. Establishment of Ward Committees
50. Functions and powers of Ward Committees
51. Term of office of membersMembers of Ward Committees, excepting the Chairperson, are elected for a term of office determined by the Council.
52. VacanciesIf a vacancy occurs among the members of a Ward Committee, the vacancy must be filled in accordance with a procedure determined by the Council.
53. Remuneration of members
54. Dissolution of Ward CommitteesThe Council may dissolve a Ward Committee if the Committee fails to fulfill its object.
Part 3 – Other Committees
55. Establishment of other Committees
Part 4 – Advisory Committees
56. Establishment of advisory CommitteesThe Council may establish one or more advisory Committees consisting of persons who are not members to advise Council on any matter within the Council's competence.
Part 5 – Incidental Matters
57. Incidental matters: Committees
58. Election of Speaker
59. Functions of SpeakerThe Speaker -
60. Term of office of SpeakersThe Speaker is elected for a term ending, subject to section 39 of the Structures Act, when the next Council is declared elected.
61. Vacation of officeThe Speaker vacates office during a term if that person -
62. Removal from office
63. Acting SpeakersIf the Speaker of a Municipal Council is absent or not available to perform the functions of Speaker the Council must elect another member to act as Speaker.
Council and Committee meetings
64. Maintenance of order at Council and Committee meetings
65. Frequency of meetings of Council and Committees
66. Speaker to call Council meetings
67. Admission of public to meetings
68. Public notice of meetingsThe Municipal Manager must give public notice of the time, date and venue of every -
69. Attendance at Committee meetings
70. Legislative procedure
71. Procedurally fair administrative actionAny administrative action which is taken by Council or any of its structures including political office bearers and officials acting under delegated power, or any decision adopted by the aforementioned which results in administrative action which materially and adversely affects the rights or legitimate expectations of the public or any person, must be procedurally fair.
72. Reasons for administrative actionAny person whose rights have been materially and adversely affected by administrative action and who has not been given reasons for such action, and who has applied in writing for such reasons, must be given adequate reasons for same, unless it is reasonable and justifiable in the circumstances not to give reasons. In such an instance, the applicant must be informed of such circumstances.
73. Privileges and immunities
74. Use of Language at Council and Committee meetings
75. Every Member to be in possession of a copy of these Rules and Procedures
76. PenaltiesAny person or member who contravenes a provision of these by-laws shall be guilty of an offence and be liable on conviction to a fine or imprisonment for a period of six months or to such imprisonment without the option of a fine or to both such fine and such imprisonment, and, in the event of such person being a member, the Council shall taken disciplinary action against him/her for a contravention of the Code of Conduct for Councillors.
77. Repeal of By-LawsAny by-laws relating to the rules and procedures of the Council and its Committees or any by-laws relating to the maintenance of order at meeting adopted by the municipality or any municipality now comprising an administrative unit of the municipality is repealed from the date of promulgation of these by-laws.
History of this document
Cited documents 7
- Constitution of the Republic of South Africa, 1996
- Electoral Commission Act, 1996
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Promotion of Access to Information Act, 2000
- Promotion of Administrative Justice Act, 2000
- Promotion of Equality and Prevention of Unfair Discrimination Act, 2000