Cape Agulhas
South Africa
South Africa
Rules of Order for Internal Arrangements By-law, 2013
- Published in Western Cape Provincial Gazette 7188 on 18 October 2013
- Commenced on 18 October 2013
- [This is the version of this document from 18 October 2013 and includes any amendments published up to 1 November 2024.]
Part 1 – General
1. Definitions
In 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
2. Application
3. Supplementation
Part 3 – Meetings
4. Commencement of meeting
The 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 matter
The speaker may at any time and without notice make any statement or introduce urgent matters.8. Business to be transacted
Except as otherwise provided in these rules, no matter not specified in the agenda of a meeting may be transacted at such meeting.9. Meetings
10. Attendance at meetings
11. Leave of absence
12. Sanctions for non-attendance
13. Minutes
14. Quorum
Part 4 – Decisions
15. Unopposed matters
Whenever 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
17. Decisions
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 public
If 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. Offence
Any non-member or member of the public who-Part 7 – Rules of debate
25. Member to address the chair
A 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 priority
When a member wishes to address the council, he or she must first have the permission of the speaker.27. Precedence of Speaker
Whenever the speaker addresses the meeting, all members must be silent so that the speaker may be heard without any interruption.28. Relevance
29. Right to speak
30. Length of speeches
Except 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
34. Explanations
35. Re-introduction of motion or question
No 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 questioner
In 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. Motions
A 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
41. Questions
42. Motions of exigency
43. Motions of course
44. Precedence of debate
When a motion is under debate no further motion may be received, except the at-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
If 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-laws
In 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-laws
The Municipal Manager must as soon as possible after-62. Consideration of draft by-laws
Part 9 – Miscellaneous matters
63. Offences and penalties
64. Short title
This By-law is called the Rules of Order for Internal Arrangements By-law, 2013.History of this document
18 October 2013 this version
Cited documents 3
Act 3
1. | Local Government: Municipal Systems Act, 2000 | 4531 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4396 citations |
3. | Constitution of the Republic of South Africa, 1996 | 601 citations |