PART V ACCESS TO MEETINGS OF GOVERNING BODIES CHAPTER 1 RIGHT OF ACCESS TO AND HOLDING OF MEETINGS Right of access to meetings of governing bodies 56. (1) All meetings of a governing body shall be open to all persons unless closed in accordance with the provisions of this Part. (2) Subsection (1) shall apply notwithstanding any other law restricting or prohibiting access to a meeting of a governing body or authorising the withholding of access to a meeting of a governing body whether or not such other law came into operation before or after the commencement of this section. [(3) Where access to a meeting of a governing body is restricted or prohibited, or the withholding of access to a meeting of a governing body is authorised, by or under any other law, the provisions of this Act shall not be construed so as to authorise access to a meeting of a governing body otherwise than in accordance with this Act.] ([4]3) Nothing in this Act shall prevent a governing body or a member thereof from giving access to a meeting of the governing body other than as required by this Act, where the body or member is permitted or required to do so by or under any law. Facilities where meetings are held 57. A governing body shall take all reasonable steps to ensure that every meeting of the body is held in facilities which are - (a) easily accessible to persons [that] who are physically handicapped and other members of the public; and (b) sufficient to accommodate the members of the public who are entitled and wish to attend a meeting of the body. [Schedule of ordinary meetings 58. A schedule of the dates, times and places of the ordinary meetings of a governing body shall be kept open for inspection by a person during normal office hours for the calendar year for which the meetings are scheduled - (a) at the office or, if it has more than one office, the main office, of the governing body; and (b) at the office of the information officer of the governing body.] Notice of meetings 59. (1) The information officer of a governing body shall give notice in accordance with subsections (2) and (3) of - (a) the schedule of the dates, times and places of its ordinary meetings before the beginning of the calender year for which the meetings are scheduled; (b) the agenda for an ordinary meeting and whether it [would] will be open or closed, at least 48 hours before the holding of the meeting; and (c) the date, time and place of - (i) a special meeting; (ii) an ordinary meeting which is to be held at a date, time or place different from the date, time or place stipulated in the schedule of [its] ordinary meetings contemplated in paragraph (a); (iii) subject to subsection (4), an ordinary, special or emergency meeting which is reconvened, and the agenda of the meeting and, whether it is to be open or closed, at least 48 hours before the meeting; and (d) the date, time and place of an emergency meeting, the agenda of the meeting and whether it is to be open or closed, at least 24 hours before the meeting or, if that is not practicable, not later than immediately before the meeting; (e) the name and phone number of the person designated by the governing body to respond to questions about the meeting. (2) Notice as required by subsection (1) shall be given - (a) by posting a copy of the notice at - (i) the building or other place in which - (aa) in the case of the schedule of ordinary meetings contemplated in subsection (1)(a), the majority of the meetings are to be held; or (bb) in any other case, the meeting is to be held, in a conspicuous place to which the public has access; and (ii) the office of the information officer of the governing body concerned; and (iii) the office or, if it has more than one office, the main office, of the governing body; (b) in the case of a meeting contemplated in subsection (1)(c) or (d), in addition to posting a notice as contemplated in paragraph (a), by informing at least one newspaper of general circulation, and one radio broadcaster broadcasting, in the magisterial district where the governing body has its main office or the meeting concerned is to be held of - (i) the date, time and place of the meeting; and (ii) the name and phone number of the person designated by the governing body to respond to questions about the meeting. (3) Notice of a reconvened meeting in terms of subsection (1)(c)(iii) shall not apply to a case where - (a) a meeting was open to the public and it is to be reconvened within 24 hours; or (b) the announcement of the date, time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda of the original meeting. (4) Subsection (1)(b), (c) or (d) shall not be construed [as] to prohibit the discussion of, or taking of a decision with respect to, an item not specified in the agenda of a meeting of which notice was given in terms of that subsection. (5) If a person has knowledge, irrespective of the form and manner in which the person obtained the knowledge, of a meeting of a governing body contemplated in - (a) subsection (1)(a), (b) or (c) at least 24 hours before the meeting; (b) subsection (1)(d), before the meeting, the provisions of this section with respect to notice of the meeting to that person shall be deemed to have been complied with. Provision of materials at, recordings of, and participation in, meetings 60. (1) The information officer of a governing body shall, subject to subsection (2), make available at a meeting of the body for inspection by the public at least one copy of - (a) the agenda of the meeting; and (b) other materials relating to items on the agenda which are distributed or made available by a member or official of the body to all members, or a majority of the members, of the body. (2) Subsection (1) does not apply to any materials insofar as they consist[s] of information on the basis of which the information officer of a governmental body is authorised to refuse a request for access to a record in terms of this Act. (3) A person attending a meeting of a governing body in terms of section 56 may make a sound or visual recording or both such recordings of the meeting unless in the governing body's reasonable opinion it would substantially interfere with the orderly conduct of the meeting. (4) A person attending a meeting of a governing body in terms of section 56 shall not be entitled to participate in the deliberations at the meeting unless permitted to do so by or under any law. Procedure to close meeting 61. (1) Subject to subsection (1A), [A] a meeting, or a portion of a meeting, of a governing body shall [only] be closed only if a majority of [a quorum] the members present at a previous meeting - (a) which was open to all persons; and (b) of which notice had been given as required by this Part, voted by a public ballot to close the first-mentioned meeting, or portion thereof, in accordance with the provisions of this Part. (1A) A governing body may vote at a meeting to close a portion of that meeting, if the postponement of the matters proposed to be dealt with in a closed meeting to another meeting in order to comply with the provisions of this Part would cause serious prejudice. (1B) If a third party wishes his or her representations under section 79 as to the closing of a meeting or a portion thereof, to be heard in a closed meeting, the governing body shall close the meeting for that purpose. (2) Subject to subsection (3), a separate vote shall be taken with respect to each meeting, or portion of a meeting, of a governing body which it is proposed to close. (3) If it is proposed to close a series of meetings, or a portion of each meeting in such series which - (a) involves the same matters; and ([c]b) is scheduled to be held within less than 60 days after the vote to close is to be taken, a single vote may be taken with respect to such series of meetings, or such portion of each meeting in such series. (4) As soon as a vote on the question of closing a meeting, or a portion of a meeting, of a governing body has been taken, the person acting as chairperson shall publicly make known at the meeting where the vote is taken - (a) the number of votes in favour of, and the number of votes against, [on the question of] the closing of the meeting, or portion thereof, concerned; and (b) if the body has voted to close the meeting, or portion thereof, concerned - (i) the provision of this Act relied upon to justify the closing; [and] (ii) that a person may lodge an application with an Information Court under section 100 against the vote to close, and the procedure for lodging such an application; (iii) whether the meeting is closed to a particular person or a class of persons or all persons; and (iv) whether the meeting is closed or, if only a portion or portions of the meeting are closed, which portion or portions. (5) Only items specified in the vote to close a meeting, or portion thereof, shall be considered at the closed meeting, or [portion thereof] closed portion of a meeting (as the case may be). Disorderly conduct of persons at meetings 62. (1) A person who wilfully interrupts or otherwise misbehaves himself or herself at a meeting of a governing body may be removed by a person acting on the governing body's instruction from the room or other place where the meeting is held, if the body is of the reasonable opinion that such removal is necessary for the further orderly conduct of the meeting. (2) If - (a) the orderly conduct of a meeting is not restored by the removal of every person responsible for misbehaviour in terms of subsection (1); or (b) the governing body is of the reasonable opinion that the orderly conduct of a meeting will not be restored by such removal, the governing body may - (i) order all persons, except representatives of the news media not responsible for the misbehaviour in question, to leave the room or other place where the meeting is held; (ii) continue the meeting; and (iii) determine procedures for readmitting persons not responsible for the misbehaviour in question. Minutes of meetings 63. (1) A governing body shall keep written minutes of all its meetings, which shall include - (a) the date, time and place of each meeting; (b) the members of the body present and absent; (c) a summary of all discussion in the meeting on all matters proposed, deliberated and decided] in the meeting; (d) [the] any vote on the question of closing a meeting [to the public] by stating -_ (i) the number of votes in favour of, and the number of votes against, the closing; [and] (ii) the provision of this Act [authorising] relied on to justify the closing [of the meeting]; (iii) whether the meeting is closed to a particular person or a class of persons or all persons; and (iv) whether the whole meeting is closed or, if only a portion or portions of the meeting are closed, which portion or portions; and (e) an account of any other votes taken. (2) A governing body may exclude from the minutes of a meeting of a governing body information on the basis of which the information officer of a governmental body is authorised to refuse a request for access to a record in terms of this Act. (3) A request for access to the minutes of a meeting of a governing body which was - (a) open to the public may, within 14 days; or (b) closed to the public may, within seven days, after the date of the meeting, be made in terms of section 10. Reports to Commission 64. Each governing body shall annually submit to the Commission a report stating in respect of meetings of the body - (a) the number of meetings of the body closed in accordance with this Part and the reasons for the closures (including the provision of this Act relied on to justify the closing) and whether a meeting was closed - (i) on the body's own initiative or pursuant to representations made by a third party under section 79; and (ii) to a particular person, a class of persons or all persons; and (b) [any] such other matters as may be prescribed.