THE controversial amendment to the Rules of Order bylaw which seeks to gag the media and public access to open council meetings where sensitive items are being discussed, has been deferred to the next meeting of council in November.
The decision was taken after the DA raised the fact that council was acting in contravention of the Constitutions of South Africa and would be in violation of Section 16 which protects the freedom of the press, Section 32 which relates to access of information, Section 152 which provides for democratic and accountable local government and Section 15 which allows for freedom of opinion. In addition, the amended by-law was only provided to councillors the day prior to the October council meeting which was in direct violation of Section 160 which requires councillors be given reasonable notice of the passing of bylaws.
Human Settlements and Infrastructure Committee Chairperson Councillor Mondli Mthembu recommended the item be deferred saying he was confident all due processes had been followed and that the proposed by-law met all legal requirements.
“Even if we refer it back to the Executive Committee or adopt it at the next council meeting it will come back the same as all processes have been followed. The deferment will allow us to do things the correct way so individuals will not make unfounded claims about it,” he added.
However, at the meeting, Democratic Alliance (DA) Caucus Leader for eThekwini Municipality, Councillor Zwakele Mncwango, said the DA had effectively outlined why the proposed Rule of Order Amendment by-law could not be passed. He said the controversial amendments sought to allow increased power to the council’s speaker and committee chairs, shut down debate and create broad and confusing provisions.
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“This is accordingly a very serious matter that deserves due regard and attention,” he said.
Mncwango said after the aforementioned points were extensively argued by himself and Nicole Graham, ANC councillors decided not to proceed with the tabling of the by-law and tabled their own deferment.
“It was clear that they had realised they were in the wrong,” said Mncwango.
Tozi Mthethwa, head of communications at eThekwini Municipality, said in general the Principal By-law had been amended to insert certain definitions, provide clarity in respect of the dissolution of council, provide circumstances in terms of which the Executive Committee may close its meeting to the public and media and provide clarity on matters pertaining to the attendance of councillors at meetings. It in no way intended to discourage the public or media from attending and reporting on meetings.
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