UMVOT LOCAL MUNICIPALITY

STANDING RULES AND ORDERS OF COUNCIL

BYLAWS

______________________________________________________

Umvoti Local Municipality has in terms of Section 156 (2) of the Constitution of the Republic
of South Africa, 1996, read in conjunction with Section11 (3)(m) of the Local Government:
Municipal Systems Act, 2000 (Act No. 32 of 2000), make the following By-laws;

UMVOTI LOCAL MUNICIPALITY

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 1

 STANDING RULES AND ORDERS OF COUNCIL AND ITS COMMITTEESS BY-LAWS

PREAMBLE
WHEREAS every municipal Councillor must recognize that the prime function of local
government is at all times to serve the best interests of all of the community, must be
dedicated to the concepts of effective and democratic local government, must promote the
dignity and worth of the services rendered by local government and maintain a constructive,
creative and practical attitude toward local government and a deep sense of social
responsibility as an elected representative, must be dedicated to the highest ideals of honor
and integrity in all public and personal relationships in order that the community, municipal
officials and employees may merit the respect and confidence of the elected representatives,
must make it a duty to continually improve his professional ability and develop competencies
required to perform the duties of an elected representative, must set and achieve community
goals and uphold municipal policies, must refrain from interference in the administration of
the municipality and from all other partisan political activities which would impair
performance as an elected representative, must keep the community informed on municipal
affairs, must encourage communication and foster friendly and courteous service to the
community and seek to improve the quality and image of municipal Councillors, must handle
each challenge without discrimination and with principles of justice and fairness, must seek
no favor and acknowledgement that personal gain or profit secured by a councillor’s position
is dishonest, must adhere to the Code of Conduct for Councillors, comply with the standing
rules and orders and by-laws of a municipal council and at all times respect the rule of law.

NOW THERFORE the municipal council of Umvoti Local Municipality approves and adopts
the following Standing Rules and Orders of Council and its Committees By-laws;

INDEX

CHAPTER 1: DEFINITIONS

1. Definitions

CHAPTER 2: APPLICATION AND INTERPRETATION OF RULES AND ORDERS

2. Application
3. Interpretation of the Rules and Orders

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CHAPTER 3: FREQUENCY AND NOTICE OF MEETINGS

4. Council meetings
5. Admission of the Public
6. Notice to attend and Ordinary Council meeting
7. Special Council meeting
8. Notice to attend a Council meeting
9. Non-receipt of a notice

CHAPTER 4: QUORUM

10. Quorum
11. Adjournment in the absence of quorum

CHAPTER 5: ATTENDANCE

1. Attendance
2. Leave of Absence
3. Sanction for non-attendance

CHAPTER 6: ADJOURNMENT

4. Adjournment meeting
5. Continuation meeting

CHAPTER 7: PROCEEDINGS

17. Speaker and Chairperson of meeting

18. Minutes
19. Order of business
20. Continuation of minutes of previous meeting
21. Deputation
22. Reports
23. Notice of motions
24. Questions of which notice has been given
25. Supply of information to a councillor
26. General matters of an urgent nature
27. Interpretation
28. Council-in-committee

CHAPTER 8: VOTING

29. Decision by voting

30. Method of voting
31. Dissenting votes

CHAPTER 9: REVOCATION OF COUNCIL AND COMMITTEE DECISIONS

32. Revocation of Council Resolution

33. Revocation of Committee Resolution

CHAPTER 10: DEBATE

34. Opportunity to Speak

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35. Relevance
36. Length of speech
37. Councillors to speak only once
38. Precedence of the chairperson
39. Point of Order
40. Explanation

CHAPTER 11: CONDUCT

41. General Conduct

42. Misconduct

CHAPTER 12: COMMITTEES

43. Rules Committee

44. Own Rules.
45. The Chairperson

CHAPTER 13: PECUNIARY INTEREST

46. Declaration of pecuniary interest

CHAPTER 14: BREACH AND SANCTIONS

47. Breach
48. Sanctions
49. Suspension of Rule or Order
50. Adoption as By-Laws
51. Repeal of existing By-Laws
52. Short title and Commencement

CHAPTER 1

DEFINITIONS

Definitions

1. In this bylaw, any word or expression shall have the meaning assigned thereto in the
relevant legislation, unless the context indicates otherwise.

“By-law” means legislation passed by the council of a municipality;

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 “Chairperson” means the Speaker in relation to any meeting of Council, the Mayor in
relation to the Executive Committee and the elected chairperson in relation to any
meeting of any committee of the Council;

“Council” means the Council of the Umvoti Local Municipality;

“Code of Conduct” means the Code of Conduct for Councillors contained in Schedule
1 to the Systems Act;

“Contact details” means a physical address, postal address, electronic mail address,
telephone number, and facsimile number and cellular phone number;

“Calendar day” means a twenty four hour day as denoted on the calendar;

“Day” means any ordinary day other than a Saturday, Sunday or Public Holiday, except
where otherwise stated;

“Deputation” means a person or group of persons who wish to appear personally

before the council or a committee of the council in order to address the council or
committee of the council;

“Executive Committee” means the council’s executive committee established in terms

of section 43 of the Local Government: Municipal Structures Act, Act number 117 of
1998;

“In committee” means any council or committee meeting at which the public and or
officials of the municipality are excluded;

“Integrated Development Plan” means a single, inclusive and strategic plan for the
development of the municipality and applicable in terms of Chapter 5 of the Systems Act;

“Mayor” means the councilor of the Executive Committee elected by the Council as the
Mayor;

“Meeting” means a meeting of the Council or any one of its Committees;

“Councillor” means a member of the Council of the Umvoti Local Municipality;

“Municipal asset” means any movable, immovable, corporeal, incorporeal, tangible and
intangible property to which the municipality holds title;

“Municipal Manager” the person appointed as administrative head of the Municipality

or a person acting in such a capacity;

“Notice of motion” means the instrument by which Councillors may bring items on to
the agenda of a Council meeting in terms of rule 20 of these by-laws

“Explanation” means the clarification of some material part of a councillor’s former

speech which may have been misunderstood;

“Peace Officer” means any person declared as a Peace Officer in terms of the Criminal
Procedure Act, Act No. 51 of 1977;

“Point of Order” means the pointing out of any deviation from, or anything contrary to
the conducting of proceedings or any other irregularity in the proceedings;

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 “Precincts” means the council chamber and all places of meetings, the areas to which
the public are allowed access and all other venues where the meetings of the council or
a committee of the council are conducted;

“Public” means any person residing with the Republic of South Africa including the
media;

“Service delivery agreements” means an agreement between a municipality and an

institution or person mentioned in section 76(b) of the Systems Act in terms of which a
municipal service is provided by that institution or person, either for its own account or
on behalf of the municipality;

“Speaker” means the Chairperson of the Council elected in terms of section 46 of the
Structures Act;

“The Structure Act” means the Local Government Municipal Structures Act, 1998
(Act No 117 of 1998);

“The Systems Act” means the Local Government Municipal Systems Act, 2000
(Act No 32 of 2000) as well as the Municipal Systems Amendment Act, No. 7 of 2011.

“Table” means to submit a report or any official document to the council or a committee
of council for consideration at a meeting of the council or a committee of council of which
notice has been given in terms of these rules and orders;

“Gender and Number” in every rule, unless the contrary intention appears, words
importing the masculine gender include females and words in the singular number
include the plural, and words in the plural number include the singular.

CHAPTER 2
APPLICATION AND INTERPRETATION OF RULES AND ORDERS

2. Application of these rules and orders

(1) These rules and orders govern the proceedings of the council and committees of the
council which bind and must be complied with by:-
(a) All councilors;
(b) Any member of the public while present in the precincts;
(c) Any deputation addressing the council or a committee of the council; and
(d) Any municipal official of the municipality.

3. Interpretation of these rules and orders

(1) Any interpretation of these rules and orders must be made having due regard to the
supremacy of the Constitution, national, provincial and municipal legislation, the rule
of law and the rules of natural justice.
(2) The ruling of the speaker or chairperson with regard to the interpretation of these
rules and orders at a meeting of the council or committee of the council shall, subject
to rules 3 (5) and 3 (6), be final and binding.
(3) The interpretation and the ruling of the speaker or chairperson of any of these rules
and orders must be recorded in the minutes of the council or committee meeting.
(4) The municipal manager must keep a register of the rulings and legal opinions.

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 (5) Any Councillor may request the municipal manager, in writing within five days from a
ruling made in terms of rule 3(2), to obtain clarity on the interpretation and ruling and
to report to the council or committee of the council.
(6) The council or committee of the council may after consideration of the report in terms
of rule 3(5) confirm, amend or substitute the ruling of the speaker or chairperson,
subject to any rights which any third party may have accrued as a result of the ruling
and all decisions affecting the rights of other must be in writing and reasons must be
recorded of such decisions.

CHAPTER 3
FREQUENCY AND NOTICE OF MEETINGS

4. Council meetings

(1) The Council shall hold an ordinary meeting of the Council not less than once in every
three months.

(2) The Speaker must convene all the meetings of the council in accordance with rule
4(1) and subject to rule 6.

5. Admission of public

(1) All meetings of the council and those of its committees must be open to the public.
And the council or committee of the council may not exclude the public from a
meeting other than when the council or committee, due to the nature of the business
being trusted or when the disclosure of nay matter may be prejudicial to the interests
of the municipality, deems it reasonable and justifiable to do so having due regard to
the principle of an open and democratic society.
(2) The council or a committee of the council, may not for any reason whatsoever,
exclude the public when considering, voting or noting any of the following matters:-
(a) A draft by-law tabled in the council ;
(b) A budget tabled in the council;
(c) The municipality’s integrated development plan, or any amendment of the
plan, or any amendment of the plan tabled in council;
(d) The municipality’s performance management system, or any amendment of
the system, tabled in council;
(e) The decision to enter into a service delivery agreement;
(f) Any reports on an award in terms of supply chain management policy;
(g) The disposal or acquisition of municipal capital asset;
(h) Any other matter prescribed by legislation.
(3) The municipal manager must give notice to the public, in a manner determined by the
council, of the time, date and venue of every ordinary meeting of the council or
committee of the council and any special or urgent meeting of the council or
committee of the council, except when time constraints make this impossible.

6. Notice to attend an ordinary council meeting

(1) The speaker must convene meetings of the council, at least quarterly, through a duly
signed “Notice of Council Meeting” signed by him, stating the date, place and time of
the meeting and accompanied by or containing the agenda of the proposed meeting.
(2) Notice to attend a meeting in terms of rule 6(1) shall be given at least-
(a) Seven (7) calendar days prior to an ordinary meeting; and
(b) Two (2) calendar days prior to a special meeting.

7. Special meetings

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 (1) The Speaker may at any time and shall, for the purpose of pertinent or urgent council
business and or at the request of a majority of the Councillors of the Municipality, call
a special meeting of the Council.
(2) A request for the calling of a special meeting, as contemplated in terms of rule(1),
shall –
Be accompanied by -
(i) a duly signed notice of motion; and
(ii) A statement giving reasons as to why the intended business of the
special meeting is urgent and cannot wait for an ordinary meeting of the
Council.
(3) A special meeting must be held in compliance with rule 6(2) (b) and in terms of rule
7(1) (ii) no later than four days from the date of receipt of a request.
(4) A request for the calling of a special meeting, as contemplated in rule 7(1), shall-
(a) Be signed by no less than fifty (50%) percent plus one of all councilors of the
municipality;
(5) A compliance with rule (7) (2) (a), and rule (7) (3) prescribes that the speaker may
not exercise his discretion but must call a meeting within four (4) days from the date
of the request for calling of a special council meeting.

8. Notice to attend a Council meeting

(1) The Speaker convenes the meetings of the Council through a duly signed “Notice of
Council Meeting” stating the date, place and time of the meeting and accompanied
by or containing the agenda of the proposed meeting.

(2) Notice to attend a meeting in terms of rule 8(1), and any other official communication
from the Council, shall be delivered to –

(a) A physical address within the area of jurisdiction of the municipality; or

(b) An email address; or
(c) By a short message service (sms); provided that contact details shall be
supplied by each councillor to the municipal manager in writing within two days
of a councillor’s election and, thereafter, whenever the councillor wishes to
change either address and at which address the councillor shall accept service
and or receipt of any notice to attend a meeting and any other official
communication from the council.
(d) The notice to attend a meeting in terms of sub-rule (1) shall be given at least-

(a) Seven days (7) prior to an ordinary meeting; and forty eight (48) hours
prior to a special meeting.

(3) All documentation relevant to any council or committee meeting must be given to all
Councillors at least five calendar days prior to an ordinary council or committee
meeting.
(4) All councilors must inform the speaker of any change of his contact details within
three days of such change.
(5) In addition, notice to attend a meeting shall be displayed on the public notice board at
the municipality’s head and satellite offices, on the municipality’s website and in the
local newspaper.

9. Non-receipt of notice

(1) A councillor may request an investigation regarding the non-receipt of a notice to

attend a meeting.

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 (2) Non-receipt of a notice to attend a meeting shall not affect the validity of any meeting
or proceedings of council or any of its committees.

CHAPTER 4
QUORUM

10. Quorum

(1) A majority of the number of councilors determined in accordance with the

municipality’s establishment notice must be present at a meeting of the Council
before a vote may be taken on any matter provided that;
(a) Vacancies in the office of councillor shall not invalidate the proceedings of the
council meeting.
(b) Subject to a quorum, the failure of any councillor to vote shall not invalidate the
proceeding of the council meeting
(2) A majority of the number of Councillors appointed to a committee of council must be
present at a meeting of the committee before a vote may be taken on any matter
provided that;
(a) Vacancies in the office of a councillor shall not invalidate the proceedings of
the council meeting.
(b) Subject to a quorum, the failure of any councillor to vote shall not invalidate
the proceedings of the committee meeting.

11. Adjournment in absence of quorum

(1) No meeting shall take place, if no quorum has assembled a the expiry of ten (10)
minutes after the time at which is due to commence, unless it is unanimously agreed
by the councilors present to allow further time not exceeding ten (10) minutes for a
quorum to assemble.

(2) If during any meeting of Council or any of its committees the attention of the
chairperson is called to the number of councilors present, he or she shall

(a) count the councilors present; and

(b) if it is found that there is not quorum present, the Chairperson shall allow
an interval of five minutes and if there is still no quorum, the Chairperson
shall forthwith adjourn the meeting.

(3) When a meeting is adjourned as a result of no quorum, the meeting shall be

convened as a continuation meeting in terms of Chapter 5.

CHAPTER 5
ATTENDANCE

12. Attendance

(1) All councillors must punctually attend and remain in attendance at each meeting of
the council and a committee of which that councillor is a member except when;-

(a) leave of absence is granted in terms of rule 13; or

(b) that councillor is required to withdraw in terms of rule 46 (2)
(c) With the permission of the speaker or chairperson.

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 (2) Each councillor attending any meeting of the council or a committee of the council
shall sign an attendance register provided for that purpose.
(3) The attendance register shall be filed in the office of the municipal manager.
(4) Any councillor who is entitled to a leave of absence in terms of rule 13 and no longer
requires such leave may attend the meeting from which leave of absence was
granted.

13. Leave of Absence

(1) Leave of absence shall not be granted in such a manner that more than the
number required for a quorum will at any one time be absent;
(2) If a Councilor

(c) is unable to attend a meeting of which notice had been given; or

(d) is unable to remain in attendance at a meeting;
(e) will arrive after the stipulated time for a meeting;

He or she shall, at least forty-eight (48) hours in case of an Ordinary Council

/Executive/Committee meeting, otherwise twenty four (24) hours before the
commencement of the meeting, lodge with the municipal manager a written
application for leave of absence from the whole or any part of the meeting
concerned.

(3) The Municipal Manager must as soon as possible inform the chairperson of the
meeting concerned of any application for leave of absence received in terms of
sub-rule (2)
(4) The chairperson of the meeting concerned must as soon as possible consider an
application for leave of absence received in terms of sub-rule (2).
(5) The Municipal Manager must as soon as possible inform a councillor who has
applied for leave of absence of the chairperson’s decision.
(6) A councilor shall be deemed absent without leave from the meeting concerned
where an application for leave or absence has not been granted and he or she-

(a) failed to attend a meeting; or

(b) failed to remain in attendance at a meeting
(c) Failed to submit an application for leave of absence with the Municipal
Manager within forty eight (48) hours before the commencement of the
Ordinary meeting or twenty four (24) hours before the commencement of an
Extra Ordinary meeting for which he/she was invited to attend.

(7) Where a councillor fails to remain in attendance at a meeting-

(a) without being granted to do so, or
(b) Without obtaining permission from the speaker or chairperson to leave prior to
the close of the meeting, the time of leaving must be recorded in the minutes
of the meeting and that councillor shall be deemed to have been absent
without leave at that meeting.
(8) Where a councillor arrives late at a meeting, without obtaining permission to do
so, the time of arrival and the reasons for the late attendance must be recorded in
the minutes of the meeting and the councillor may attend the meeting and sign
the attendance register in terms of rule 12(2).
(9) Leave of absence for two or more consecutive council or committee meetings
must be sanctioned by the council or the relevant committee.

14. Sanctions for non-attendance

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 (1) Subject to compliance with the procedure set out in Chapter 2, a councilor who is
absent from a meeting of which notice has been given without good cause shall be
liable to pay a fine equivalent to one week’s salary, which fine may be deducted from
remuneration due to the councilor concerned.
(2) Where a councilor has been absent without leave from a meeting-

(a) the chairperson of the meeting concerned shall invite the councilor to provide a
written explanation of his or her absence;
(b) the chairperson shall consider the explanation and decide whether or not the
councilor was absent with good cause, providing appropriate reasons for the
decision;
(c) the councilor may appeal in writing within seven days of receipt of the
chairperson’s decision to –

the council, in respect of his or her absence from a council or

executive committee meeting; and
the executive committee, in respect of his or her absence from any other
meeting; and
the council or executive committee, as the case may be;
the council or executive committee will consider the councilor’s appeal,
together with any comment from the chairperson of the meeting concerned;
allow the councilor an opportunity to make representations; and
Make a finding as to whether the councilor was absent with good cause.

(3) The municipal manager shall keep a record of all incidents in respect of which
councilors have been found to be absent without leave and without good cause and
shall submit a written report thereon to the speaker at least once during every three
months period.

(4) Whenever a report submitted to the speaker in terms of sub-rule (3) identifies a
councilor as having been absent from three or more consecutive meetings which the
councilor was required to attend, the speaker must –

(a) submit the report to council;

(b) allow the councilor an opportunity to make any representations;
(c) Recommend to council that the member of the executive council responsible
for local government whether or not the councilor should be removed from the
council and if the council resolves to remove the councilor from the Council,
request the MEC responsible for local government to remove the councilor
from office.

(5) The council ceases to be a councilor on the date that the Member of the Executive
Council informs the municipal manager that the councilor had been removed from the
office.

CHAPTER 6
ADJOURNMENT

15. Adjourn meetings

(1) Subject to rule 11(3), a council meeting or a meeting of any committee of Council
may be adjourned to any day or hour but not later than fourteen (14) days after the
original meeting.

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16. Continuation meeting

(1) When a meeting is adjourned, notice of the continuation meeting shall be

served in terms of Chapter 2 of these by-laws.

(2) No business shall be transacted at a continuation meeting except such as is

specified in the notice of the meeting which was adjourned.

CHAPTER 7
PROCEEDINGS

17. Speaker and chairperson of Meetings

(1) At every meeting of the Council, the Speaker, or if he is absent, Acting Speaker shall
be chairperson and will perform the duties stipulated in terms of section 37 of the
Local Government: Municipal Structures Act, No. 117 of 1998.
(2) The speaker and chairperson of council and committee meetings respectively;-

(a) Must maintain order during meetings;

(b) Must ensure compliance in the council with the Code of Conduct for
Councillors;
(c) Must ensure that meetings are conducted in accordance with these standing
rules and orders.
(3) If the speaker or chairperson of the council or committee of the council is absent or
not available to perform the functions of the speaker or chairperson, or during a
vacancy, the council or committee under the direction of the municipal manager or
his nominee must elect another councillor to act as a speaker or chairperson as the
case may be.
(4) No meeting of council or a committee of the council may commence or continue
unless a speaker or chairperson presides at a meeting.
(5) Meetings of the Executive Committee shall be chaired by the Mayor and if he is not
present, the Deputy Mayor.

18. Minutes

(1) Minutes of the proceedings of every meeting shall be electronically recorded and be
retained in accordance with the Archives and Record Service of South Africa Act, 43
of 1996 and will be kept for that purpose by the Municipal Manager.
(2) Written minutes of the proceedings of each council and committee must be
accurately recorded within a period of three (3) days from the date of such meeting
and retained in accordance with rule 18(1).
(3) The approved minutes of every minutes of council or committee other than in-
committee meetings must be available to the public.
(4) Where the municipal manager is of the opinion that any resolution or proceedings of
a council or committee meeting may be in contravention of any law or by-law, he
must advise council or committee accordingly and full details of such opinion must
be recorded in the minutes.

19. Order of business

(1) The order of business at every ordinary meeting of the council or its executive
committee is as follows:

(a) notice of meeting

(b) opening of a meeting

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 (c) applications for leave of absence
(d) confirmation of minutes of previous meeting
(e) announcements by the chairperson
(f) declaration of pecuniary and other interests
(g) deputations
(h) reports
(i) notices of motion
(j) questions of which notice has been given;
(k) general matters of an urgent nature
(l) Closure of the meeting.

(2) The speaker or chairperson may, in his discretion, at any stage bring forward any
business that is on the agenda.

20. Confirmation of minutes of previous meeting

(1) The minutes of every meeting shall be confirmed at the next ordinary meeting
and shall be signed by the chairperson.
(2) No motion or discussion shall be allowed upon the minutes of a previous
meeting, other than relating to the accuracy of those minutes.

21. Deputations

(1) A deputation wishing to address the council or a committee of council shall submit a
memorandum to the municipal manager in which is set out the representations it
wished to make.
(2) A request by a deputation to address the council or a committee of the council must
be approved by the speaker or relevant chairperson.
(3) The municipal manager shall submit the memorandum to council or a committee of
council, which may receive the deputation.
(4) Any matter requiring consideration arising from a deputation, shall not be further
considered by council or committee until the deputation has withdrawn provided that
questions of clarity may be permitted.
(5) A member of the public, other than a deputation, who wishes to speak at a council or
committee meeting, shall obtain the permission of the speaker or chairperson to do
so, prior to the commencement of the meeting.
(6) When speaking at a council or committee meeting, a member of the public and a
deputation must comply with any directions or orders given by the speaker or
chairperson.
(7) If a member of the public or a deputation conducts himself in a disorderly and unruly
manner at any time, the speaker or chairperson must direct that the member
concerned remove himself or be removed by a Peace Officer from the precincts.
(8) Any member of the public or deputation who fails or refuses to comply with the
speakers or chairpersons directions in terms of the rule 21(6) and rule 21(7) shall be
guilty of an offence and liable on conviction to a fine or imprisonment for a period not
exceeding one month or both such fine and such imprisonment.

22. Reports

(1) Any report submitted to council or a committee of council must, with the exception of
a report accepted by the speaker or chairperson as a matter of urgency, be provided
to councillors in terms of rule 8.
(2) The speaker or chairperson must allow debate in accordance with chapter 10 on any
report submitted to the council or a committee of council at the meeting at which that
report is submitted and if the debate is incomplete or does not take place for any

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 reason whatsoever, then the debate in respect of that report shall be held, at the next
meeting.

23. Notice of motions

(1) No subject shall be brought before council or a committee of council by a councilor

except by way of notice of motion.
(2) Every notice of motion must be-

a) in writing; and
b) Be signed by the councilor submitting it and by another councilor acting as
seconder.

(3) A notice of motion shall be lodged with the municipal manager before 12h00 seven
(7) days prior to the next meeting, failing which the notice will be considered at the
next ensuing meeting.

(4) The municipal manager shall-

a) date and number each notice of motion;

b) enter each notice of motion lodged in a register, which shall be open to
inspection by any councilor and the public; and
c) Enter each notice of motion on the agenda in the order received.

(5) The speaker or chairperson shall –

a) read out the number of every motion and the name of the mover and
seconder;
b) ascertain which motion are unopposed and these shall be passed without
debate and
c) Call the movers of the opposed motions in the order they appear on the
agenda.

(6) A councilor submitting a motion shall move such motion and shall have the right of
reply.
(7) A motion shall lapse if the councilor and seconder who submitted it are not present at
the meeting when such motion is being debated.
(8) A councilor shall be allowed not more than one notice of motion on the same
agenda.
(9) The Speaker or chairperson shall reject a motion which, in his or her opinion-

a) relates to a matter over which council has no jurisdiction;

b) has no bearing on the administration of or conditions in the municipality; and
c) Will lead to discussion of a matter already dealt with in the agenda.

24. Questions of which notice has been given

(1) A councilor may put a question requiring a written reply from any political or
municipal office bearer of the municipality concerning any matter related to the
effective performance of the municipality’s functions and the exercise of its powers,
provided that written notice of the question has been lodged with the speaker or
chairperson and the municipal manager at least seven days prior to the council or
committee meeting and the municipal manager must ensure that the councillor
receives a written reply from that political or municipal office bearer, at the council or
committee meeting

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 (2) If after a question has been replied to, a councillor is of the opinion that the reply is
not clear and is ambiguous, he may, with the consent of the speaker or chairperson,
request a follow-up question.

25. Supply of information to a councillor

(1) A councillor may approach and communicate with the municipal manager or any
head of department or any officer of the municipal administration specifically
designated by the municipal manager or by the head of department concerned for
this purpose, in order to obtain such information as he may reasonably require for the
proper performance of his duties as a councillor.
(2) No councillor shall approach or communicate with any officer of the municipal
administration concerning the business of the municipality other than when
exercising his rights or liberties as an ordinary member of the public.

26. General matters of an urgent nature

(1) General items of an urgent nature may be placed on an agenda by the municipal
manager with the prior consent of the speaker or chairperson, which consent shall
not be unreasonably withheld.
(2) The speaker or the chairperson of a meeting of council or the executive committee
may in his or her discretion at any stage bring forward any business that is on the
agenda paper.

27. Interpretation

(1) An interpreter will be used in meetings of the council and the executive committee,
unless the majority of councilors present decide otherwise.

28. Council-in-committee

(1) Subject to provision of the law, the council may at any time resolve to proceed as
council-in-committee.
(2) The public shall be excluded from any in-committee meetings.
(3) The municipal manager or another official exempted from this rule by the speaker or
chairperson shall not be excluded from any in-committee meeting.
(4) All proceedings in-committee must be recorded in terms of rule 18(1) and 18(2) and
shall be confidential.
(5) Unauthorized disclosure of any confidential matter must be dealt with in terms of the
Code of Conduct.

CHAPTER 8

VOTING

29. Decision by voting

(1) Council and committee of council shall endeavor to decide all matters on consensus
otherwise all matters shall be decided by a votes cast by all councillors present;
(2) All questions concerning the following matters must be determined by a decision
taken by the council with a supporting vote of a majority of the number of councillors
determined in accordance with the municipality’s establishment notice:-

(a) The passing of by-laws;

(b) The approval of budgets;

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 15

 (c) Raising of loans;
(d) The imposition of rate and other taxes, levies and duties;
(e) The rescission of a council resolution within six (6) months of the taking
thereof, and
(f) Any other matter prescribed by legislation.

30. Method of voting

(1) Voting shall be by a show of hands, unless a councilor requests a secret, written
ballot.
(2) During the taking of a vote no councillor may leave the council chamber or
committee room;
(3) The municipal manager or his or her nominee, shall count the votes cast and shall
record the result of voting, and the speaker shall announce the result.
(4) The chairperson shall have a second or casting vote in cases of an equality of votes.

31. Dissenting votes

(1) A councilor may request that his or her dissenting vote be minuted as evidence of
how he or she voted on the motion.

CHAPTER 9

REVOCATION OF COUNCIL AND COMMITTEE RESOLUTIONS

32. Revocation of Council Resolutions

(1) Approval to revoke or alter a resolution of council may not be delegated to any
person or committee
(2) Prior notice of an intention to move a motion for the revocation or alteration of a
council resolution must be given.
(3) Any revocation or alteration of a council resolution must be made in terms of rule
29 (2) (e).

33. Revocation of Committee Resolutions

(1) Approval to revoke or alter a resolution of a committee of the council may not be
delegated to any person.
(2) Prior notice of an intention to move a motion for the revocation or alteration of a
resolution of a committee of the council must be given.
(3) Any revocation or alteration of a resolution of a committee of the council must be
approved by a majority of the number of the members of that committee.

CHAPTER 10
DEBATE

34. Opportunity to speak

(1) A councilor can only speak when so directed by the chairperson.

(2) A councilor may indicate a desire to speak by raising his or her hand and awaiting
the direction of the chairperson.
(3) Councillors and officials shall stand when speaking and shall direct their address to
the chairperson.

35. Relevance

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 16

 (1) Every speaker must restrict him or herself strictly to the matter under consideration.

36. Length of speeches

(1) Other than the delivery of the mayoral report or the presentation of the estimates of
income and expenditure, no speech shall exceed ten minutes in length without the
consent of the meeting.

37. Councillors to speak only once

(1) A councilor may not speak more than once on any motion or proposal unless
permission to do so is granted by the speaker or chairperson, provided that the
mover of the motion shall have the right of reply and the reply shall be confined to
answering previous speakers and shall not introduce any new matter into the debate.

38. Precedence of the chairperson

(1) Whenever the speaker or chairperson rises during a debate, any councilor then
speaking or offering to speak shall seat himself and the councilor shall be silent, so
that the speaker or chairperson may be heard without interruption.

39. Points of order

(1) Any councilor may raise a point of order at any time by standing to draw the attention
of chairperson.
(2) The point of order takes precedence over everything else in the meeting and the
chairperson must grant immediate hearing to the councilor raising the point of order
and rule accordingly.
(3) The ruling of the chairperson on a point of order or admissibility of personal
explanation shall be final and shall not be open to discussion.

40. Explanation

(1) Any councilor may speak in explanation; provided that such explanation is confined
to some material part of the discussion which may have been misunderstood.

CHAPTER 11
CONDUCT

41. General Conduct

(1) Councillors and officials-

(a) must conduct the business of the council in the highest decorum and integrity
that the occasion deserves;
(b) must, at all times adhere to the principles contained in the code of conduct
and these standard rules and orders.
(c) Must, at all times adhere to the rule of law and the by-laws of the municipality.
(d) must be dressed appropriately for the dignity of the meeting of the council;
(e) must not use an offensive or objectionable language, use cell phones during,
or bring a firearm into a meeting of council or any of its committees.

42. Misconduct

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 17

 (1) The speaker or the chairperson may order a councillor to withdraw and apologies for
any word, statement, opinion or gesture made by that councillor
(2) If a councillor or councillors behave improperly during a meeting of council or any of
its committees, the speaker or chairperson shall direct the councillor or councillors to
conduct himself or themselves properly and, if speaking, to stop speaking and
resume his seat or seats.
(3) In the event of persistent disregard of the directions of chairperson, the chairperson
shall direct such councilor to retire from the meeting until the item under discussion
has been finalized and, if necessary, shall cause him or her to be ejected
therefrom.
(4) Any misconduct by a councilor may be dealt with in terms of council’s Code of
Conduct and the Code of Conduct attached as Schedule 1 to the System Act.
(5) Any councillor who refuses to leave a meeting of the council or a committee of the
council when directed to do so by the speaker or chairperson of a meeting in terms of
any rule in these rules and orders, may be forcibly removed and shall be guilty of an
offence and liable on conviction to a fine or to imprisonment for a period not
exceeding one month or to both such fine and such imprisonment.

CHAPTER 12

COMMITTEES

43. Rules Committee

(1) The municipal council may by resolution of a majority of councillors establish a

special committee to be known as the Rules Committee to investigate and make
findings on any alleged breaches of the Code of Conduct, including sanctions for
non-attendance at meetings and to make recommendations regarding any other
matter concerning the Standard Rules and Orders.
(2) The Rules Committee shall consist of the speaker, the mayor and one representative
of each political party represented on the council, such representative to be
nominated from time to time by each political party.

44. Own rules

(1) Every committee of the council shall determine its own procedures subject to any
direction for council and these standing rules and orders.
(2) Chapter 10 of these rules and orders may be relaxed by a chairperson of a
committee to accommodate interactive and effective participation, provided that the
chairperson may, at his discretion, apply the provisions of any rule contained in
chapter 10.

45. The Chairperson

(1) The chairperson of a committee shall –

(a) preside at every meeting of the committee at which he or she is present; and
(b) be entitled to vote in the first instance and in the case of an equality of votes,
shall give a second or casting vote.

(2) In his or her absence, the Acting or Deputy Chairperson shall have the shame
powers and rights of voting as those possessed by the chairperson.

CHAPTER 13

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 18

 PECUNIARY INTEREST

46. Declaration of pecuniary interest

(1) A councilor wishing to declare a pecuniary interest in respect of any item before
council or any committee of council shall do so forthwith after the item or motion in
respect of which such interest exists, has been called.
(2) A councillor making a declaration must withdraw from the proceedings of the council
or committee unless the council or committee decides that the councillor’s direct or
indirect interest in that matter is trivial or irrelevant.
(1) A councillor who, or whose spouse, partner, business associate or close family
member, acquired or stands to any direct benefit from a contract concluded with the
municipality, must disclose full particulars of the benefit of which the councillor is
aware at the first meeting of the council at which it is possible for the councillor to
make disclosure.
(2) The disclosure of interest’s in terms of rule 46(1) and benefit in terms of rule 46(3)
does not apply to an interest or benefit which a councillor, or a spouse, partner,
business associate or close family member, has or acquires in common with other
residents.

CHAPTER 14
BREACH AND SANCTIONS

47. Breach

(1) Any councillor who fails or refuses to obey any of these rules and orders, or any
resolution of Council, may be guilty of a breach of the Code of Conduct.

48. Sanction

(1) Where it is alleged that a councillor has breached these rules, the council must,
in terms of item 14 of the Code of Conduct, investigate the alleged breach and
may impose a sanction.

CHAPTER 15
GENERAL PROVISIONS

49. Suspension of a rule or order

(1) In instances of urgency or where a council considers that adherence to a rule

would be unreasonable and would prejudice the operation of a meeting of the
council, then the council may with the approval of the majority of the number of
councillors of the municipality and for the duration of that meeting, temporarily
relax the provisions of a rule, provided that;
(a) Such relaxation must not be in contravention of any national or provincial
legislation or any by-law of the municipality;
(b) The suspension or relaxation of the rule relates to an item on the agenda for
the meeting of the council or committee of the council; and
(c) Rule 22 must not be suspended;
(d) The reasons for the suspension of the rule are recorded in the minutes of the
meeting.

50. Exercise of Powers during Recess of Council

1) Whenever any matter of urgency arises;

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 19

 (a) during the period the Council is not in recess but it is not practical to obtain a
decision of the Council and the matter does not fall under Section 160 of the
Constitution of the Republic of South Africa, 1996 or of the Executive
Committee, such matter may on the recommendation of the Municipal
Manager be decided by the Mayor after consultation with the Speaker;
(b) During the period the Council is in recess, such matter may be decided by the
Executive Committee.

2) The power conferred in terms of sub-rule 1) shall include the power to incur
expenditure, provided that written comments from the Chief Financial Officer has first
been obtained for such financial expenditure.
3) All matters decided in terms of sub-rule 1) shall be reported for ratification to the next
ordinary meeting of the Council or the Executive Committee, provided that anything
done pursuant thereto in the meantime shall be deemed to have been duly
authorized by Council or the Executive Committee.

51. Press Statements

Any press statement relating the Municipality of Umvoti shall only be released by the Mayor
and/ or the Municipal Manager

52. Adoption as by-laws

(1) These rules and orders must be adopted as a by-law of the municipality.

53. Repeal of existing by-laws

(1) The council’s existing by-laws in respect of the standing rules and orders of
council are hereby repealed.

54. Short title and commencement

(1) These By-Laws shall be called Umvoti Local Municipal Standing Rules and
Orders and shall come into operation on a date of adoption thereof by Council.

SCHEDULE 1

CODE OF CONDUCT FOR COUNCILLORS

__________________________________
[Schedule 1 amended by ss. 45 and 46 of Act 51 of 2002 and ss. 20 and 21 of Act. 19 of
2008]

Preamble
Councillors are elected to represent local communities on municipal councils, to ensure that
municipalities have structured mechanisms of accountability to local communities, and to
meet the priority needs of communities by providing services equitably, effectively and
sustainably within the means of the municipality. In fulfilling this role councillors must be
accountable to local communities and report back at least quarterly to constituencies on

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 20

council matters, including the performance of the municipality in terms of established
indicators. In order to ensure that councillors fulfill their obligations to their communities, and
support the achievement by the municipality of its objectives set out in section 19 of the
Municipal Structure Act, the following Code of Conduct is established.

1. Definitions

In this Schedule ‘partner’ means a person who permanently lives with another person in a
manner as if married.
2. General conduct of councillors

A councillor must-
(a) Perform the functions of office in good faith, honesty and a transparent
manner; and
(b) At all times act in the best interest of the municipality and in such a way that
the credibility and integrity of the municipality are not compromised.

A2. Voting at meetings

A councillor may not vote in favour of or agree to a resolution which is before the council or a
committee of the council which conflicts with any legislation applicable to local government.

3. Attendance at meetings

A councillor must attend each meeting of the municipal council and of a committee of which
that councillor is a member, except when-
(a) Leave of absence is granted in terms of an applicable law or as determined
by the rule and orders of the council; or
(b) That councillor is required in terms of this Code to withdraw from the meeting.

4. Sanction for non-attendance of meetings

(1) A municipal council may impose a fine as determined by the standing rules and orders of
the municipal council on a councillor for;
(a) Not attending a meeting which that councillor is required to attend in terms of
item 3; or
(b) Failing to remain in attendance at such a meeting.
(2) A councillor who is absent from three or more consecutive meetings of a municipal
council, or from three or more consecutive meetings of a committee, which that councillor is
required to attend in terms of item 3, must be removed from office as a councillor.
(3) Proceedings for the imposition of a fine or the removal of a councillor must be conducted
in accordance with a uniform standing procedure which each municipal council must adopt
for the purposes of this item. The uniform standing procedure must comply with the rules of
natural justice.

5. Disclosure of interests

(1) A councillor must-

(a) Disclose to the municipal council, or to any committee of which that councillor
is a member, any direct or indirect personal or private business interest that
that councillor, or any spouse, partner or business associate of that councillor
may have in any matter before the council or the committee; and
(b) Withdraw from the proceedings of the council or committee when that matter
is considered by the council or committee, unless the council or committee

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 21

 decides that the councillor’s direct or indirect interest in the matter is trivial or
irrelevant.

(2) A councillor who, or whose spouse, partner, business associate or close family member,
acquired or stands to acquire any direct benefit from a contract concluded with the
municipality, must disclose full particulars of the benefit of which the councillor is aware at
the first meeting of the municipal council at which it is possible for the councillor to make the
disclosure.
(3) This section does not apply to an interest or benefit which a councillor, or a spouse,
partner, business associate or close family member, has or acquires in common with other
residents of the municipality.

6. Personal gain

(1) A councillor may not use the position or privileges of a councillor, or confidential
information obtained as a councillor, for private gain or to improperly benefit another person.
(2) No councillor may be a party to or beneficiary under a contract for the provision of goods
or services to any municipality or any municipal entity established by a municipality.

7. Declaration of interests

(1) When elected or appointed, a councillor must within 60 days declare in writing to the
municipal manager the following financial interests held by that councillor:
(a) Shares and securities in any company;
(b) Membership of any close corporation;
(c) Interest in any trust;
(d) Directorships;
(e) Partnerships;
(f) Other financial interests in any business undertaking;
(g) Employment and remuneration;
(h) Interest in property;
(i) Pension; and
(j) Subsidies, grants and sponsorships by any organization.
(2) Any change in the nature or detail of the financial interests of a councillor must be
declared in writing to the municipal manager annually.
(3) Gifts received by a councillor above a prescribed amount must also be declared in
accordance with sub item (1).
(4) The municipal council must determine which of the financial interests referred in sub
item (1) must be made public having regard to the need for confidentiality and the public
interest for disclosure.

8. Full-time councillors

A councillor who is a full-time councillor may not undertake any other paid work except with
the consent of a municipal council which consent shall not unreasonably be withheld.

9. Rewards, gifts and favours

A councillor may not request, solicit or accept any reward, gift or favour for-
(a) Voting or not voting in a particular manner on any matter before the municipal
council or before a committee of which that councillor is a member;
(b) Persuading the council or any committee in regard to the exercise of any
power, function or duty;
(c) Making a representation to the council or any committee of the council; or
(d) Disclosing privileged or confidential information.

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 22

 10. Unauthorized disclosure of information

(1) A councillor may not without the permission of the municipal council or a committee
discloses any privileged or confidential information of the council or committee to any
unauthorized person.
(2) For the purpose of this item ‘privileged or confidential information’ includes any
information-
(a) Determined by the municipal council or committee to be privileged or
confidential;
(b) Discussed in closed session by the council or committee;
(c) Disclosure of which would violate a person’s right to privacy; or
(d) Declared to be privileged, confidential or secret in terms of law.
(3) This item does not derogate from the right of any person to access to information in
terms of national legislation.

11. Intervention in administration

A councillor may not, except as provided by law-

(a) Interfere in the management or administration of any department of the
municipal council unless mandated by council;
(b) Give or purport to give any instruction to any employee of the council except
when authorized to do so;
(c) Obstruct or attempt to obstruct the implementation of any decision of the
council or a committee by an employee of the council; or
(d) Encourage or participate in any conduct which would cause or contribute to
maladministration in the council.
12. Council property

A councillor may not use, take, acquire or benefit from any property or asset owned,
controlled or managed by the municipality to which that councillor has no right.

12A Councillor in arrears

A councillor may not be in arrears to the municipality for rates and service charges for a
period longer than 3 months.

13. Duty of chairpersons of municipal councils

(1) If the chairperson of a municipal council, on reasonable suspicion, is of the opinion that a
provision of this Code has been breached, the chairperson must –
(a) Authorize an investigation of the facts and circumstances of the alleged
breach;
(b) Give the councillor a reasonable opportunity to reply in writing regarding the
alleged breach; and
(c) Report the matter to a meeting of the municipal council after paragraphs (a)
and (b) have been complied with.
(2) A report in terms of sub item (1) (c) is open to the public.
(3) The chairperson must report the outcome of the investigation to the MEC for local
government in the province concerned.
(4) The chairperson must ensure that each councillor when taking office is given a copy of
this Code and that a copy of the Code is available in every room or place where the council
meets.

14. Breaches of Code

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 23

(1) A municipal council may-
(a) Investigate and make an finding on any alleged breach of a provision of this
Code; or
(b) Establish a special committee-
(i) to investigate and make a finding on any alleged breach of this Code;
and
(ii) to make appropriate recommendations to the council.
(2) If the council or a special committee finds that a councillor has breached a provision of
this Code, the council may-
(a) Issue a formal warning to the councillor;
(b) Reprimand the councillor;
(c) Request the MEC for local government in the province to suspend the
councillor for a period;
(d) Fine the councillor; and
(e) Request the MEC to remove the councillor from office.
(3) Any councillor who has been warned, reprimanded or fined in terms of paragraph (a), (b)
or (d) of sub item (2) may within 14 days of having been notified of the decision of council
(a) Appeal to the MEC for local government in writing setting out the reasons on
which the appeal is based.
(b) A copy if the appeal must be provided to the council.
(c) The council may within 14 days of receipt of the appeal referred to in
paragraph (b) make any representation pertaining to the appeal to the MEC
for local government in writing setting out the reasons on which the appeal is
based.
(d) The MEC for local government may, after having considered the appeal,
confirm, set aside or vary the decision of the council and inform the councillor
and the council of the outcome of the appeal.
(4) The MEC for local government may appoint a person or a committee to investigate any
alleged breach of a provision of this Code and to make a recommendation as to the
appropriate action in terms of sub item (2) if a municipal council does not conduct an
investigation contemplated in sub item (1) and the MEC for local government considers it
necessary.
(5) The Commissions Act, 1947 (Act 8 of 1947), or where appropriate, applicable provincial
legislation, may be applied to an investigation in terms of sub item (4).
(6) If the MEC is of the opinion that the councillor has breached a provision of this Code,
and that such contravention warrants a suspension or removal from office, the MEC may-
(a) Suspend the councillor for a period and on conditions determined by the
MEC; or
(b) Remove the councillor from office.
(7) Any investigation in terms of this item must be in accordance with the rules of natural
justice.

15. Application of Code to traditional leaders.

(1) Items 1, 2, 5, 6, 9 (b) to (d), 10, 11, 12, 13 and 14 (1) apply to a traditional leader who
participates or has participated in the proceedings of a municipal council in terms of section
81 of the Municipal Structures Act.
(2) These items must be applied to the traditional leader in the same way they apply to
councillors.
(3) If a municipal council or a special committee in terms of item 14 (1) finds that a
traditional leader has breached a provision of this Code, the may-
(a) Issue a formal warning to the traditional leader; or
(b) Request the MEC for local government in the province to suspend or cancel
the traditional leader’s right to participate in the proceedings of the council.

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 24

(4) The MEC for local government may appoint a person or a committee to investigate any
alleged breach of a provision of this Code and to make a recommendation on whether the
right of the traditional leader to participate in the proceedings of the municipal council should
be suspended or cancelled.
(5) The Commissions Act, 1947, may be applied to an investigation in terms of sub item (4).
(6) If the MEC is of the opinion that the traditional leader has breached a provision of this
Code, and that such breach warrants a suspension or cancellation of the traditional leader’s
right to participate in the council’s proceedings, the MEC may –
(a) Suspend that right for a period and on conditions determined by the MEC, or
(b) Cancel that right.
(7) Any investigation in terms of this item must be in accordance with the rules of natural
justice.
(8) The suspension or cancellation of a traditional leader’s right to participate in the
proceedings of a council does not affect that traditional leader’s right to address the council
in terms of section 81 (3) of the Municipal Structures Act.

SCHEDULE 2

1. Definitions
Unless the context indicates otherwise:-
“administrative decision” means a decision that:-
(a) Implements policy or legislation;
(b) Has a legal effect; and
(c) Constitutes a legally binding determination of rights.
“Code of Conduct” means the Code of Conduct for Councillors contained in
Schedule 1 of the Act;
“MEC” means the KwaZulu Natal Member of the Executive Council for local
Government and any successor-in-title to the position; and
“The Act” means the Local Government: Municipal Systems Act, 2000 (act No. 32 of
2000) as amended.

LEGISLATIVE PROVISION
2. Preamble to Schedule 1 of the Code of Conduct
The Preamble to the Code of Conduct provides as follows:
“Councillors are elected to represent local communities on Municipal Councils, to
ensure that Municipalities have structured mechanisms of accountability to local
communities, and to meet the priority needs of communities by providing services
equitably, effectively and sustainably within the means of the municipality. In
fulfilling this role Councillors must be accountable to local communities and report
back at least quarterly to constituencies on Council matters, including the
performance of the municipality in terms of established indicators. In order to
ensure that Councillors fulfill their obligations to their communities, and support
the achievement by the municipality of its objectives set out in section 19 of the
Municipal Structures Act, the following Code of Conduct is established.”
3. Item 13 of the Code of Conduct
Item 13 of the Code of Conduct provides as follows:
Duty of Chairpersons of Municipal Councils
(1) If the Chairperson of a Municipal Council, on reasonable suspicion, is of
the opinion that a provision of this Code has been breached, the
Chairperson much;
a. Authorize an investigation of the facts and circumstances of the
alleged breach;
b. Give the Councillor a reasonable opportunity to reply in writing
regarding the alleged breach; and

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 25

 c. Report the matter to a meeting of the Municipal Council after
paragraphs a. and b. have been complied with
(2) A report in terms of sub-item (1)(c) is open to the public;
(3) The Chairperson must report the outcome of the investigation to the MEC
for local government in the province concerned;
(4) The Chairperson must ensure that each Councillor when taking office is
given a copy of this Code and that a copy of the Code is available in every
room or place where the Council meets.
4. Item 14 of the Code of Conduct
Item 14 of the Code of Conduct provides as follows
“Breaches of Code”
(1) A municipal council may:-
a. Investigate and make a finding on any alleged breach of a
provision of the Code; or
b. Establish a Special Committee:-
i. To investigate and make a finding on any alleged breach of
this Code; and
ii. To make appropriate recommendations to the Council.
(2) If the Council or a Special Committee finds that a Councillor has breached
a provision of this Code, the Council may;-
a. Issue a formal warning to the Councillor;
b. Reprimand the Councillor;
c. Request the MEC for local government in the province to suspend
the Councillor for a period;
d. Fine a Councillor; and
e. Request the MEC to remove the Councillor from office.
(3) Any Councillor who has been warned, reprimanded or fined in terms of
paragraph (b) or (d) of sub-item (2);
a. May within 14 days of having been notified of the decision of
Council appeal to the MEC for Local Government in writing setting
out the reasons on which the appeal is based;
b. A copy of the appeal must be provided to the Council;
c. The Council may within 14 days of receipt of the appeal referred to
in paragraph (b) make any representation pertaining to the appeal
to the MEC for Local Government in writing;
d. The MEC for Local Government may, after having considered the
appeal, confirm, set aside or vary the decision of the Council and
inform the Councillor and the Council of the outcome of the
appeal.
(4) The MEC for Local Government may appoint a person or a committee to
investigate an alleged breach of a provision of this Code and to make a
recommendation on whether the Councillor should be suspended or
removed from office;
(5) The Commission Act, 1947 (Act No. 8 of 1947), or, where appropriate,
applicable provincial legislation, may be applied to an investigation in
terms of sub-item (4);
(6) If the MEC is of the opinion that the Councillor has breached a provision
of this Code, and that such contravention warrants a suspension or
removal from office, the MEC may:-
a. Suspend the Councillor for a period and on conditions determined
by the MEC, or
b. Remove the Councillor from office.
(7) Any investigation in terms of this item must be in accordance with the
Rules of natural justice.
5. Application of Item 13 of the Code of Conduct

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 26

 (1) The obligation of the Chairperson of the Municipal Council in terms of item
13(1) of the Code of Conduct to authorize an investigation of the facts and
circumstances of an alleged breach does not preclude that Chairperson
from conducting the investigation personally;
(2) When an investigation of an alleged breach has been completed, the
Chairperson of the Municipal Council must notify the Councillor in writing
of the allegations against him or her and give the Councilor in writing of
the allegations against him or her and give the Councillor an opportunity
to respond to the said allegations in writing;
(3) The written notification must at least contain the following: The specific
item or items alleged to have been breached;
a. The time period for a written response; and
b. The right to request any relevant documentation or information.
(4) A period of 14 (fourteen) days is a reasonable period to allow for a
response from the Councillor concerned;
(5) The Chairperson of the Municipal Council must report the matter to the
first meeting of the Municipal Council once an investigation has been
authorized and a Councillor has been given an opportunity to respond to
the allegations against him or her;
(6) The outcome of the said investigation and the Council’s decision on the
matter must be reported to the MEC, which report, together with the
Council’s resolution on the matter, must be forwarded to the MEC within
fourteen days of the Council’s decision.
6. Application for Item 14 of the Code of Conduct
(1) Should Council decide to establish a Special Committee to investigate
matter and make recommendations, the following must be taken into
account when the Special Committee is constituted;
a. The Committee must comprise, as far as possible, of fellow
Councillors;
b. The Committee must not be one of the Council’s Standing
Committees;
c. Any person involved in the preliminary investigation must not be a
member of the Committee
d. The Council must strive to have equitable political representation
on the Committee; and
e. The Committee itself must elect a Chairperson;
(2) Prior to a hearing taking place, the Councillor must be notified in writing of
the intention to conduct a hearing;
(3) The Councillor must be given at least 21 (twenty one) days written notice
of the hearing;
(4) The notification to attend the hearing must contain, at least, the following:
a. The alleged breach;
b. The time, date and venue of the hearing;
c. The Councillor’s right; and
d. The implications of a failure to attend the hearing.
(5) A hearing must be conducted by the Special Committee;
(6) Both parties must be given the opportunity to present their case;
(7) The hearing must open to the public;
(8) The hearing must be recorded and such record must contain all
particulars related to the hearing including:-
a. The names of the parties and their representatives;
b. The names of the witnesses;
c. The plea;
d. The evidence led;
e. The finding; and

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 27

 f. Any recommended sanction.
(9) At the end of the hearing the Special Committee must consider all the
evidence and make an appropriate finding and recommendation to
Council;
(10) The Council must consider the finding and recommendation of the
Special Committee and make a decision as to an appropriate sanction;
(11) The Council must consider ay mitigating and extenuating
circumstances prior to the imposition of a sanction;
(12) The Council should be consistent with regard to the sanction imposed
for similar breaches;
(13) When deciding on a sanction, Council may consider sanctions
imposed for similar breaches at other municipalities;
(14) The Council should endeavour to ensure that the sanction is
proportionate to the breach;
(15) The Councillor must be notified in writing of the decision of the Council
and the said notice must at least contain the following information:
a. Whether or not the Councillor has been found guilty of the alleged
breach;
b. The grounds on which such finding was made;
c. The sanction to be imposed; and
d. The Councillor’s right to appeal to the MEC;
(16) The Chairperson of the Municipal Council must notify the Councillor of
the sanction imposed, if any, within seven days of the decision of the
Council.

ADMINISTRATIVE JUSTICE

7. PRINCIPLES OF ADMINISTRATIVE JUSTICE

All administrative decisions of a municipality must comply with the provision of

the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and before
taking an administrative decision that affects an individual, the municipality must
do the following;
(1) Give adequate notice of the proposed administrative decision, by
timeously informing the affected person of the decision it proposes taking;
(2) Allow the affected person a reasonable opportunity to make
representations in writing
(3) Give the affected person a clear statement of the administrative decision;
(4) Give the affected person an opportunity to present and dispute
information and arguments, by personally debating the decision with the
decision-making body within the Council;
(5) Inform the affected person of their right to representation;
(6) Inform the affected person that they have a right to ask for reasons for the
decision taken; and
(7) Advise the affected person of any internal appeal procedures available to
him or her and inform the person of their right to appeal to a court of law.

8. RULES AND PRINCIPLES OF NATURAL JUSTICE

(1) The rules of natural justice are common law rules applicable to all
administrative and quasi-judicial enquiries and hearings, focusing
primarily on procedural protection, in that they require a fair procedure to
be followed;
(2) The two basic principles that are fundamental to the rules of natural
justice, are the following;

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 28

 a. The affected individual must be given the opportunity to state his
or her case before the intended prejudicial action is taken, which is
referred to as the audi alteram pertem rule, and this implies that:-
i. Sufficient and timeous notice of the intended action must
be given;
ii. Reasonable time must be given to prepare a defense;
iii. The affected individual must be given a proper opportunity
to be heard; and
iv. The charge, including any potentially prejudicial fact and
consideration, must be communicated to the individual
concerned, to allow the rebuttal thereof.
b. The investigation and the hearing must be conducted with
impartiality, which is referred to as the nemoiudex in sua causa
principle, so as to ensure the absence of bias or interest, whether
pecuniary or personal, on the part of the decision maker.

SCHEDULE 3
INFRINGEMENTS AND CIVIL FINES

Colum 1 Colum 2
Infringement Maximum
Civil Fine
(1) Not attending a meeting which the Councillor concerned was required to 2 weeks’
attend salary
(2) Failure to remain in attendance at a meeting which the Councillor 2 weeks’
concerned was required to attend salary
(3) Failure to withdraw from the proceedings of the Municipal 1 month’s
Council or a Committee when a matter in which the Councillor salary
concerned or any spouse, partner or business associate of that
Councillor may have any direct or indirect personal or private
business interest is considered by the Council or Committee
concerned decided that the direct or indirect interest in the
matter is trivial or irrelevant.
(4) Failure to disclose full particulars of the benefit of which the 1 month’s
Councillor is aware at the first meeting of the Municipal Council salary
at which it is possible for the Councillor to make the disclosure,
where his or her spouse, partner, business associate or close
family member, has acquired or stood to acquire any direct
benefit from a contract concluded with the Municipality
(5) Without the prior consent of the Municipal Council, being a party 1 month’s
to or beneficiary under a contract for the provision of goods, salary
works or services to the Municipality.
(6) Without the prior consent of the Municipal Council being a party 1 month’s
to or beneficiary under a contract involving the performance of salary
any work otherwise than as a Councillor for the Municipality
(7) Requesting, soliciting or accepting any reward, gift or favour for 1 month’s
voting or not voting in a particular manner on any matter before salary

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 29

 the Municipal Council or before a Committee of which that
Councillor is a member
(8) Requesting, soliciting or accepting any reward, gift or favour for 1 month’s
persuading the Municipality in regard to the exercise of any salary
power, function or duty
(9) Requesting, soliciting or accepting any reward, gift or favour for 1 month’s
making a representation to the Municipality salary
(10) Requesting, soliciting or accepting ant reward, gift or favour 6 month’s
for disclosing privileged or confidential information salary
(11) Interfering in the management or administration of the 3 month’s
Municipal Administration unless mandated by resolution of the salary
Municipal Council
(12) Using the position or privileges of a Council for private gain 6 month’s
or to improperly benefit another person salary
(13) Using privileged or confidential information obtained as a 6 month’s
Councillor for private gain or to improperly benefit another salary
person
(14) Without the permission of the Municipal Council or of the 6 weeks’
Committee concerned disclosing any privileged or confidential salary
information of the Municipality in any matter whatsoever.
(15) Giving or purporting to give any instruction to any employee 3 weeks’
of the Municipality except when authorized to do so by salary
resolution of the Municipal Council
(16) Obstructing or attempting to obstruct the implementation of 6 weeks’
any decision of the Municipal Council or a Committee by an salary
employee of the Municipality
(17) Encouraging, soliciting or participating in any conduct which 3 weeks’
would cause or contribute to maladministration in the salary
Municipality
(18) Using, taking, acquiring or benefitting from taking advantage 6 weeks’
of any property or asset owned, controlled, or managed by the salary
Municipality to which the Councillor concerned has no right.
(19) Assaulting any person on municipal premises or on municipal 3 month’s
business salary
(20) Stealing any property from municipal premises 5 month’s
salary
(21) Malicious injury to municipal property 3 weeks’
salary
(22) Being under the influence of alcohol or intoxicating drugs or 2 weeks’
partaking of alcohol or intoxicating drugs in any meeting of the salary

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 30

 Council or Committee of the Council
(23) Failing to fall silent when the Presiding Officer, Speaker or 2 weeks’
Chairperson speaks or rises during a meeting. salary
(24) Failing to obey any ruling, order or directive of the Presiding 2 weeks’
Officer, Speaker or Chairperson at any meeting of the Council or salary
any Committee of the Council.
(25) Failing to leave the Chamber or Committee room when 2 weeks’
ordered to do so by the Presiding Officer, Speaker or salary
Chairperson.
(26) Failure by a Councillor to declare to the Municipal Manager in 2 weeks’
writing his/her financial interests in terms of Section 7 of salary
Schedule 1 of Local Government: Municipal Systems Act, 2000
(Act No. 32 of 2000)

SCHEDULE 4
CLARIFICATION: A POINT OF ORDER (SECTION 39)

Definition: It is in fact an appeal to the Chairperson for his or her ruling on a

matter concerning the conduct of a meeting. The Chairperson’s decision is
final and in any event he has discretion to accept the point of order or not.
Clarification:
(1) A point of order is a question raised with a view of calling attention to
any departure from the prescribed modes of proceeding in debates;
(2) A Councillor whether he has spoken on the matter under discussion
or not, may rise to a point of order or in explanation;
(3) Such explanation shall be confined to some material part of the
discussion which may have been misunderstood;
(4) A Councillor so rising shall be entitled to be heard forthwith;
(5) He must state the point clearly and confine himself strictly to the
matter under discussion;
(6) The ruling of the Chairperson on a point of order, or on the
admissibility of a personal explanation shall be final and not open for
debate or discussion;
(7) If a member challenges the ruling of the Chairperson on any point of
order, the Chairperson shall direct him to conduct himself properly
and to discontinue his speech and resume his seat;
Summary:
(1) A point of order can be put at any time during the meeting;
(2) A point of order can be put regarding:
a. Bad language;

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 31

 b. A standing rule not complied with;
c. An amendment rule not complied with;
d. An amendment that is ultra vires;
e. A matter pertaining to the good order; or
f. An explanation required.
(3) A point of order must be phrased as a question.

SCHEDULE 5
PRIVILEGES AND IMMUNITIES

(1) Provincial legislation in terms of Section 161 of the Constitution of the

Republic of South Africa, 1996, must provide at least;
(a) That Councillors have freedom of speech in a Municipal Council
and in its committees, subject to the relevant Council’s rules
and orders as envisaged in Section 160(6) of the Constitution of
the Republic of South Africa, 1996; and
(b) That Councillors are not liable to civil or criminal proceedings,
arrest, imprisonment or damages for:-
i. Anything that they have said in produced before or
submitted to the Council or any of its committees; or
ii. Anything revealed as a result of anything that they have
said in, produced before or submitted to the Council or
any of its committees.
(2) Until Provincial legislation contemplated in subsection (1) has been
enacted, the privileges referred to in paragraphs (a) and (b) of
subsection (1) will apply to all Municipal Councils in the Province.

STANDING RULES AND ORDERS OF COUNCIL POLICY BYLAWSPage 32