Knysna
South Africa
South Africa
Rules of Order for Internal Arrangements By-law, 2017
- Published in Western Cape Provincial Gazette 7788 on 30 June 2017
- Commenced on 30 June 2017
- [This is the version of this document from 30 June 2017.]
Chapter 1
Introduction
1. Definitions
In this by-law, including the Rules, unless the context indicates otherwise -"Code" means the Code of Conduct for Councillors set out in Schedule 1 to the Systems Act;"Committee" means a committee established by the Council in terms of section 79 of the Structures Act;"Council" means the Municipal Council of the Knysna Municipality;"Councillor" means a member of the Council, including a political office bearer as referred to in section 1 of the Systems Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Meeting" means any meeting of the Council and its committees;"Member of the public" means a person who is not a councillor or an employee of a municipality and who attends a meeting of the Councilor a committee;"Municipality" means the Municipality of Knysna;"Municipal Manager" means the person appointed as Municipal Manager by the Council in terms of section 54A of the Systems Act, or a person delegated by the Municipal Manager;"Provincial Minister" means the Provincial Minister responsible for Local Government in the Province;"Rules" means the rules provided for in this by-law;"Speaker" means the Speaker of the Council elected under section 36 of the Structures Act or a councillor elected as acting Speaker under section 41 of the Structures Act;"Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"Working day" means any day of the week except Saturday or Sunday or a public holiday.2. Application of rules
Chapter 2
Meetings
3. Order of business
4. Agenda
5. Meetings
6. Functions of Speaker regarding meetings
7. Attendance by councillors
Subject to Item 3 of the Code, rule 8 and rule 18 of these rules, a councillor must attend each meeting and must sign his or her name in the attendance register.8. Procedure for leave of absence
9. Sanctions for non-attendance
10. Minutes
11. Quorum
Chapter 3
Decisions
12. Unopposed matters
Whenever Council is called upon to consider a matter before it and there is no opposition from any councillor, a unanimous vote will be recorded in the minutes.13. Opposed matters
14. Decisions
Chapter 4
Attendance of members of public
15. Attendance of members of public
16. Exclusion of the public from meetings
17. Re-admission of members of public
Chapter 5
Conduct in meetings
18. Conduct of councillors and members of public
Chapter 6
Debate and motions
19. Address to Speaker
20. Right to speak and limitation
21. Length of speeches
22. Content of debate
23. Points of order
24. Explanations
25. 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.26. Notice of motions
27. Questions
28. Motions of exigency
29. Motions of course
In addition to those provided for elsewhere in these rules, the following shall be regarded as motions of course -30. Order of debate
When a motion is under debate at any meeting of the council, no further motion shall be received except the following -31. Amendment motions
32. Motion for postponement of matter
33. Motion for adjournment of meeting to another date
34. Motion for adjournment of meeting for specified time
35. Motion of adjournment of debate on matter for specified time
36. Motion that matter be put to vote
37. Motion that the matter be removed from agenda
38. Motion to refer matter to committee
39. Withdrawal of motion, amendment or questions
40. Absence of councillor who gave notice of motion or question
In the event of the mover or questioner not being present in his place 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.41. Re-introduction of motions or questions
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.42. Motions or questions on matters dealt with by committee
43. Recommendation by executive mayor or executive committee
Chapter 7
Legislative process
44. Introduction of draft by-laws
In accordance with section 12 of the Municipal Systems Act, a draft by-law may be introduced only by a councillor or a committee.45. Introduction of draft by-laws by councillors
46. Introduction of draft by-laws by executive mayor or executive committee
47. Publication of draft by-laws
The Municipal Manager must as soon as possible after-48. Consideration of draft by-laws
Chapter 8
Miscellaneous matters
49. Official Languages
Anyone who speaks at a meeting may use any of the three official languages recognised by the Constitution of the Western Cape, 1997, namely Afrikaans, English and isiXhosa.50. Municipal employees
51. Offences and penalties
52. Repeal of by-laws
The provisions of any by-law previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the Knysna Municipality, are hereby repealed as far as they relate to matters provided for in this by-law.53. Short title and Commencement
This By-law is called the Knysna Municipality's Rules of Order for Internal Arrangements By-law and comes into operation on the date of promulgation thereof in the Western Cape Provincial Gazette.History of this document
30 June 2017 this version
Cited documents 3
Act 3
1. | Constitution of the Republic of South Africa, 1996 | 5886 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4617 citations |
3. | Local Government: Municipal Structures Act, 1998 | 4494 citations |