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PRESENTATION TO PC ON

HUMAN SETTLEMENTS

ON LEGISLATIVE

PROCESS

26 AUGUST 2014

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PURPOSE OF THE PRESENTATION

To outline the legislative process in Parliament

TYPES OF BILLS

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There are four types of Bills according to the following sections in the Constitution:

•Bills amending the Constitution (s74);

•Ordinary Bills affecting provinces (s76);

•Ordinary Bills not affecting provinces (s75); and

•Money Bills (s77).

TYPES OF BILLS

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•The National Assembly can amend section 75 Bills.

•The National Council of Provinces (NCOP) may propose amendments to section 75 Bills. Such proposed amendments can be accepted or rejected by the National Assembly.

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INTRODUCTION OF BILLS

• Only the Cabinet member (i.e the Minister) or Deputy Minister or a member or a committee of the National Assembly may introduce a Bill in the Assembly.

• Only the Minister of Finance may introduce a Money Bill.

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REFERRAL TO JOINT TAGGING MECHANISM (JTM)

The Bill is also referred to JR 159• When a Bill is introduced in Parliament, it must without delay be

referred to JTM for classification as either a section 74, 75, 76 or 77 Bill.

• The JTM consists of the Speaker and the Deputy Speaker of the Assembly and the Chairperson and the permanent Deputy Chairperson of the NCOP.

• The JTM is advised by Parliament’s Constitutional and Legal Services Office.

• A committee to which a Bill is referred may report on the Bill only after the JTM has classified the Bill.

(published in the Announcement, Tabling and Committee Reports (ATC))

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RERERRAL TO COMMITTEE

• Referral of a Bill to a committee happens simultaneously with its referral to JTM.

• This is followed by a briefing by the relevant government department to provide the background, policy position and objectives of the Bill under consideration.

• The briefing also provides members with an opportunity to –

• familiarise themselves with the contents of the Bill; and

• ask clarity-seeking questions on the content of the Bill.

•The Assembly and the Council (and their committees) are obliged in terms of the Constitution to facilitate public involvement in the legislative and other processes.

•Public involvement may take different forms, including public hearings, a call for written submissions and issuing of media releases.

•Public hearings may be held in Parliament or in provinces.

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PUBLIC INVOLVEMENT (public participation)

• The committee discusses the public input received through public hearings or written submissions.

• Parties may express their views on the Bill.

• The department responds to questions and expresses a view on whether amendments put forward can be implemented.

• To signal the formal consideration of the Bill, the chairperson will put the motion of desirability (consisting mostly of the long title) to the committee for consideration.

• The committee will then proceed to a clause-by-clause consideration of the Bill.

COMMITTEE DELIBERATIONS

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FORMAL CONSIDERATION

• Amendments to clauses are also put for decision and thereafter the Bill as a whole is put for decision.

• If the committee amends the Bill, the State Law Adviser and the Parliamentary Legal Adviser are responsible for drawing up the list of amendments and ensure that the amendments are constitutional.

• The Committee Secretary ensures that the amended Bill is produced and that the the list of amendments and the amended Bill are printed by Creda (printers).

• These products are referred to as the proof copies of the Bill.

Establishment and implementation of Mortgage Default Insurance (MDI)

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• After voting on the Bill, the committee’s report is put for adoption.

•Such report must indicate whether the committee agrees to the Bill with or without amendments, or rejects the Bill.

•In its report, the committee must , if it is not unanimous report, specify in which respects there was no consensus and express the views of any opposition party concerned.

COMMITTEE REPORT

COMMITTEE REPORT (contd)

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• A question is decided only if a majority of members (quorum) is present and there is agreement among the majority of the members.

• In the event of the equality of votes, the Chairperson of the committee can exercise a casting vote in addition to his/her deliberative (ordinary) vote.

• After the committee has agreed to the Bill, the committee’s report is published in the ATC.

• The Bill is placed on the Order Paper of the House for debate.

TRANSMISSION OF BILL FOR CONCURRENCE

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• Once the Bill is passed by the the National Assembly, it is referred to the relevant committee of the NCOP (i.e. select committee) for consideration and report.

Thank you

Ndiyabulela

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