BY-LAWS RELATING TO THE HIRE OF HALLS
The Premier hereby, in terms of section 101 of the Local Government Ordinance, 1939,
publishes the by-laws set forth hereinafter, which have been approved by him in terms of
section 99 of the said Ordinance.
Definitions
1. For the purpose of these by-laws, unless the context otherwise indicates “building caretaker” means the persons appointed by the Council from time to time to take care
of the halls;
“municipality” means the Mogalakwena Municipality established in terms of section 12 of the
Local Government : Municipal Structures Act, 1998 (Act 117 of 1998), read with notice 306
dated 1 October 2000, the municipality’s council, executive committee, acting under the powers
delegated to it in terms of the provisions of section 33 of the Act supra, and any officer who the
council has delegated the powers, functions and duties vesting in the council, in relation to
these by-laws;
“hall”
means any of the following halls under the council’s jurisdiction:
Van van Rensburg Hall in Mokopane
North Hall in Mokopane
Library Auditorium in Mokopane
Aboo A Tayob Hall in Akasia
Community Centre in Mahwelereng
Rebone Hall
“lessee”
means the person who signed the application form for the hire of the hall, and if
signed on behalf of a club, organisation, firm or company, also such club, organisation, firm or
company.
“tariff” means the rental and deposit as determined from time to time by the municipality, by
resolution, in terms of section 75A of the Local Government : Municipal Systems Act, 2000 (Act
32 of 2000).
Letting of halls
2.(1) Applications for the hire of the hall shall be dealt with in the order in which it is received
and must be done at least 48 hours prior to the date required.
(2)
Persons who apply for the hire of the hall shall apply in writing to the manager : corporate
support services and complete the prescribed application and agreement form, providing the
required information on the form.
2.
Payment of tariffs
3.(1) The tariffs shall be payable in advance and shall include the prior cleaning of the
buildings and lighting as well as the use of available chairs and tables. No accommodation
shall be reserved or booked if the tariff has not been fully paid in advance and the application
form has not been completed.
(2)
The lessee shall not use the hall or any other amenities in the hall before the tariff has
been paid in full.
Cleaning of the hall
4.
The lessee shall be obliged to clean the hall, equipment and terrain to the satisfaction of
the building caretaker before the hall is handed over at the termination of the rental period. The
furniture shall be stacked in the manner required by the building caretaker in order to easily
count it.
Liability of lessee for damages to municipal property
5.(1) The lessee shall be liable, and shall compensate for, any breakage or other damage of
whatever nature to the hall, furniture, equipment or any other property of the municipality that
may have occurred during the period of hiring. Should any furniture, equipment or any other
property be found to be defective, damaged or broken, this shall be pointed out by the lessee to
the building caretaker before being used, failing which, everything shall be considered as being
in proper order. The lessee shall make good any article owned by the municipality, lost or
missing from the hall during, or in connection with any hiring out.
(2)
After every function, the hall shall be inspected by the building caretaker and the lessee
or anyone authorised by him on his behalf, and any damage shall there and then be taken note
of and deducted from the deposit paid by the lessee.
(3)
In the event that the deposit amount is not sufficient to cover the damages, the
municipality shall have the right to collect such amount from the lessee in any manner the
municipality deems fit and the lessee will be also liable for the collection costs including attorney
costs on an attorney and client scale.
Handing in of keys
6.
The keys must be handed over to the building caretaker between 8:00 and 12:00 on the
day on which the hall must be vacated after the inspection mentioned in section 5 (2) supra has
taken place.
3.
Refund of deposit
7.
The lessee should after the hiring of the hall has ended apply on the prescribed form for
the refund of the deposit paid, which will be refunded by the municipality provided that no
damage has been caused to the municipal property.
Rights reserved by the municipality to cancel the agreement or to refuse to let the hall
8.(1) The municipality, in the event of the hall being required for an emergency or disaster
which in its opinion, should take precedence, reserves the right to cancel the reservation of the
hall and shall be obliged in such instance to refund the tariffs paid without payment of any
compensation for inconvenience or damages.
(2)
The municipality reserves the right to refuse the letting of the halls for any purposes
whatsoever and shall provide the reasons for the refusal when requested to do so.
Postponement of reservation of hall
9.
In the event of the lessee desiring to postpone a reservation of the hall, written
notification shall be given to that effect by the lessee to the manager : corporate support
services at least seven days prior to the date on which the hall will be used, otherwise all tariffs
paid shall be forfeited. Such postponement shall be subject to the condition that no other
lessee has been prejudiced by such postponement and that such period of postponement does
not exceed thirty days.
Cancellation of booking of hall
10.
Any booking of the hall may be cancelled provided such cancellation shall be done thirty
days or longer before the date on which the hall has been booked, and subject to the condition
that 10% of the rental be withheld as administration costs.
Admission of public and sale of tickets
11.(1) The lessee shall be responsible for all arrangements in connection with the admission of
the public to the hall as well as providing ushers and such staff as may be necessary to control
the admission of persons to the hall and the sale of tickets.
(2)
The hall shall be let to the lessee on the explicit understanding that no overcrowding shall
take place and that the number of persons allowed in the hall shall be limited to the seating
accommodation available. No persons shall be allowed to congregate in the passages, aisles
or doorways of the hall. When available seating accommodation has been occupied, the lessee
shall prevent the admittance of any person in excess of such seating capacity.
4.
Responsibility of lessee in regard to admission of undesirable persons
12.
The lessee shall be responsible for the due observance and the carrying out of the
stipulation that no person shall be admitted to the hired hall, or having gained admission
thereto, be permitted to remain therein if he is in a state of intoxication or behaves in an
unseemly manner or is unsuitably or indecently dressed.
Responsibility of lessee in regard to observance of law and municipal by-laws at all
functions
13.
The lessee shall observe the provisions of any law and municipal by-laws in the conduct
of the function, entertainment or performance for which the hall has been let to him and shall not
permit or allow any breach thereof.
Services of building caretaker and other municipal employees
14.
The presence of the building caretaker or other municipal employees at the hall shall be
to attend to the municipality’s interests and their services shall not be at the lessee’s disposal,
whether for preparation or for any other purpose connected with any function.
Right of ejection
15.
It shall be a condition of the agreement that the building caretaker shall have the right
and power to eject from the hall any person who is in a state of intoxication or who behaves in
an unseemly or offensive manner or who is unsuitably or indecently dressed.
Right of entry
16.
The right shall be reserved to any authorized officer of the municipality to enter the hired
hall at any time subject thereto that there is a valid reason for doing so and without disturbance
to the lessee or his guests.
Municipality not liable for loss incurred by lessee or members of the public or for
accidents or defects or failure in lighting installation or equipment
17.(1) The municipality shall accept no responsibility or liability in respect of any damage to or
loss of any property, articles or goods, of whatever nature, placed or left upon the premises by
the lessee, or for the injury to or death of any person or damage to clothing of persons entering
the premises or making use of equipment on the premises hired, and it shall be an explicit
condition that the lessee indemnifies and holds the municipality harmless against any claim
made by any person or persons on any grounds whatsoever.
5.
(2)
The municipality shall not be liable for any loss suffered by the lessee as a result of any
accident, breakdown, failure or defect in respect of any machinery, appliances, lighting
equipment or arrangements thereof in the hall hired, or in respect of any other machinery,
appliances or arrangement howsoever caused.
Moving and removal of furniture
18.
No furniture or articles of whatever description and by whosoever, shall be removed from
the hall.
Property pertaining to municipal buildings shall not be hired or removed for use out of
municipal buildings
19.
No furniture, fittings, appliances or other property pertaining to the municipal buildings
shall be hired or removed for use outside the municipal buildings.
Prohibition of internal decorations
20.
Without the approval of the municipality no internal decorations of any description, other
than floral decorations on the stage or tables, shall be permitted in the hall and no nails, screws,
cellotape or adhesive whatsoever shall be driven, screwed or fixed into or onto the walls, ceiling
or fittings, nor may any attachment be made thereto. Fixtures may only be fitted to the
specifically provided picture-rail (if any) in the hall.
Exhibition of posters and advertising media
21.
Only with the previously obtained permission of the municipality and then only at such
places as the municipality may direct, shall external posters, notices, decorations, flags,
emblems or advertising media be allowed on the municipal premises.
Smoking prohibited
22.
Smoking in the hall shall be strictly prohibited in the hall and the lessee shall ensure that
this prohibition is strictly enforced.
Electrical lighting and cooking appliances
23.
All electrical lighting and appliances in the hall shall be controlled by the building
caretaker or other approved employees appointed by the municipality and no stoves, cooking,
heating or lighting apparatus, other than those supplied by the municipality, shall be used
without permission of the municipality or his authorised officer. The preparation or storage of
foodstuffs and the placing of cooking utensils in any room other than the kitchen, is strictly
prohibited.
6.
Consent of owner of the copyright required for performance or exhibition of any musical
or other work
24.(1) The letting of the halls in terms of these by-laws shall not be deemed to convey any
consent by the municipality for the performance or exhibition of any musical or other work
without the consent of the owner of the copyright thereof in any form, including the performing
right. The lessee shall be bound to obtain the consent of any such owner to such extent as may
lawfully be required, and if so required by the manager : corporate support services or any other
officer of the municipality, shall produce on demand proof to the satisfaction of the manager :
corporate support services or other officer of the grant of such consent prior to any such
performance or exhibition.
(2)
Failure to produce such proof shall entitle the municipality, unless such work is
immediately withdrawn on demand from performance or exhibition, to forthwith cancel the
engagement of the hall thus hired, and on written notice to that effect the right of the lessee to
use or continue to use the hall shall immediately be terminated and discontinued and the
municipality may exclude the lessee and his employees or licensees there from and refuse to
give access thereto, and the municipality shall not be liable to restore or refund any rent paid in
advance or otherwise for the use of the hall.
(3)
The lessee shall indemnify and hold harmless the municipality from and against any
claim against a judicial order, damages or otherwise and for costs, including attorney and client
costs which may be instituted against the municipality by reason of any infringement by the
lessee and any agent, employee, booking agent or employee of the lessee whilst using the hall,
of the copyright in any form of any person or company and in the conduct (including external
advertisement and broadcasting) of any performance, work or act therein.
Penalty clause
25.
Any person contravening any provision of these by-laws shall be guilty of an offence and
liable, on conviction, to a fine not exceeding R10 000,00 or, in default of payment, to
imprisonment for a period not exceeding 1 year, and in the case of a continuing offence, to a
fine not exceeding R1 000,00 per day, for every day during which the offence continues.
MOGALAKWENA MUNICIPALITY
TARIFFS FOR THE HIRING OF HALLS
It is hereby notified in terms of section 75A of the Local Government : Municipal Systems Act,
2000 (Act 32 of 2000) that the council of the Mogalakwena Municipality has by resolution
determined the tariffs for the hire of halls as from 1 January 2005, as follows:
1.
DEPOSITS AND RENTAL :
Hall
Deposit
Rental (Vat excluded)
Daily
Weekend
Van van Rensburg
North Hall
Library Auditorium
Aboo A Tayob
Community Centre Mahwelereng
Rebone Hall
R600,00
R300,00
R300,00
R600,00
R300,00
R300,00
R200,00
R100,00
R100,00
R200,00
R100,00
R100,00
Day tariff:
Only valid from Mondays 12:00 to Thursdays 24:00
One day stretches from 12:00 to 12:00 the following day.
Weekend tariff:
2.
R600,00
R300,00
R300,00
R600,00
R300,00
R300,00
The duration of a weekend is from Friday 12:00 to Monday 12:00.
YEARLY INCREASE
From 1 January 2006 the rental and deposit mentioned in 1 supra shall increase by 5%
per annum on 1 January of each year.
3.
EXEMPTIONS:
For mayoral receptions or functions, meetings of taxpayers called by the mayor,
municipal elections, other municipal functions or functions of SAMWU and IMATU, the
required halls shall be provided free of charge subject thereto that the hall has not been
booked for the required period.
D H MAKOBE
MUNICIPAL MANAGER
MUNICIPAL OFFICES
P O BOX 34
MOKOPANE
0600
NOTICE NUMBER __/2004
DATE: 29 SEPTEMBER 2004