Parliament

Composition of Parliament

42. (1) Parliament consists of—

(a) the National Assembly; and

(b) the National Council of Provinces.

(2) The National Assembly and the National Council of Provinces participate in the legislative process in the manner set out in the Constitution.

(3) The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. It does this by choosing the President, by providing a national forum for public consideration of issues, by passing legislation and by scrutinizing and overseeing executive action.

(4) The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces.

(5) The President may summon Parliament to an extraordinary sitting at any time to conduct special business.

(6) The seat of Parliament is Cape Town, but an Act of Parliament enacted in accordance with section 76(1) and (5) may determine that the seat of Parliament is elsewhere.

Legislative authority of the Republic

43. In the Republic, the legislative authority—

(a) of the national sphere of government is vested in Parliament, as set out in section 44;

(b) of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104; and

(c) of the local sphere of government is vested in the Municipal Councils, as set out in section 156.

National legislative authority

44. (1) The national legislative authority as vested in Parliament—

(a) confers on the National Assembly the power—

(i) to amend the Constitution;

(ii) to pass legislation with regard to any matter, including a matter within a functional area listed in Schedule 4, but excluding, subject to subsection (2), a matter within a functional area listed in Schedule 5; and

(iii) to assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another sphere of government; and

(b) confers on the National Council of Provinces the power—

(i) to participate in amending the Constitution in accordance with section 74;

(ii) to pass, in accordance with section 76, legislation with regard to any matter within a functional area listed in Schedule 4 and any other matter required by the Constitution to be passed in accordance with section 76; and

(iii) to consider, in accordance with section 75, any other legislation passed by the National Assembly.

(2) Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in Schedule 5, when it is necessary—

(a) to maintain national security;

(b) to maintain economic unity;

(c) to maintain essential national standards;

(d) to establish minimum standards required for the rendering of services; or

(e) to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.

(3) Legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4 is, for all purposes, legislation with regard to a matter listed in Schedule 4.

(4) When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution.

Joint rules and orders and joint committees

45. (1) The National Assembly and the National Council of Provinces must establish a joint rules committee to make rules and orders concerning the joint business of the Assembly and Council, including rules and orders—

(a) to determine procedures to facilitate the legislative process, including setting a time limit for completing any step in the process;

(b) to establish joint committees composed of representatives from both the Assembly and the Council to consider and report on Bills envisaged in sections 74 and 75 that are referred to such a committee;

(c) to establish a joint committee to review the Constitution at least annually; and

(d) to regulate the business of—

(i) the joint rules committee;

(ii) the Mediation Committee;

(iii) the constitutional review committee; and

(iv) any joint committees established in terms of paragraph (b).

(2) Cabinet members, members of the National Assembly and delegates to the National Council of Provinces have the same privileges and immunities before a joint committee of the Assembly and the Council as they have before the Assembly or the Council.

The National Assembly

Composition and election

46. (1) The National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that—

(a) is prescribed by national legislation;

(b) is based on the national common voters roll;

(c) provides for a minimum voting age of 18 years; and

(d) results, in general, in proportional representation.

(2) An Act of Parliament must provide a formula for determining the number of members of the National Assembly.

[Sub-s. (1) amended by s. 1 of the Constitution Tenth Amendment Act of 2003 and by s. 1 of the Constitution Fifteenth Amendment Act of 2008.]

Membership

47. (1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except—

(a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than—

(i) the President, Deputy President, Ministers and Deputy Ministers; and

(ii) other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation;

(b) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;

(c) unrehabilitated insolvents;

(d) anyone declared to be of unsound mind by a court of the Republic; or

(e) anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.

(2) A person who is not eligible to be a member of the National Assembly in terms of subsection (1)(a) or (b) may be a candidate for the Assembly, subject to any limits or conditions established by national legislation.

(3) A person loses membership of the National Assembly if that person—

(a) ceases to be eligible; or

(b) is absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership; or

(c) ceases to be a member of the party that nominated that person as a member of the Assembly.

[Sub-s. (3) substituted by s. 2 of the Constitution Tenth Amendment Act of 2003 and by s. 2 of the Constitution Fifteenth Amendment Act of 2008.]

(4) Vacancies in the National Assembly must be filled in terms of national legislation.

Oath or affirmation

48. Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Duration of National Assembly

49. (1) The National Assembly is elected for a term of five years.

(2) If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired. A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of the National Assembly.

[Sub-s. (2) substituted by s. 1 of the Constitution Fifth Amendment Act of 1999.]

(3) If the result of an election of the National Assembly is not declared within the period established in terms of section 190, or if an election is set aside by a court, the President, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside.

(4) The National Assembly remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next Assembly.

Dissolution of National Assembly before expiry of its term

50. (1) The President must dissolve the National Assembly if—

(a) the Assembly has adopted a resolution to dissolve with a supporting vote of a majority of its members; and

(b) three years have passed since the Assembly was elected.

(2) The Acting President must dissolve the National Assembly if—

(a) there is a vacancy in the office of President; and

(b) the Assembly fails to elect a new President within 30 days after the vacancy occurred.

Sittings and recess periods

51. (1) After an election, the first sitting of the National Assembly must take place at a time and on a date determined by the Chief Justice, but not more than 14 days after the election result has been declared. The Assembly may determine the time and duration of its other sittings and its recess periods.

[Sub-s. (1) substituted by s. 1 of the Constitution Sixth Amendment Act of 2001.]

(2) The President may summon the National Assembly to an extraordinary sitting at any time to conduct special business.

(3) Sittings of the National Assembly are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Assembly.

Speaker and Deputy Speaker

52. (1) At the first sitting after its election, or when necessary to fill a vacancy, the National Assembly must elect a Speaker and a Deputy Speaker from among its members.

(2) The Chief Justice must preside over the election of a Speaker, or designate another judge to do so. The Speaker presides over the election of a Deputy Speaker.

[Sub-s. (2) substituted by s. 2 of the Constitution Sixth Amendment Act of 2001.]

(3) The procedure set out in Part A of Schedule 3 applies to the election of the Speaker and the Deputy Speaker.

(4) The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the members of the Assembly must be present when the resolution is adopted.

(5) In terms of its rules and orders, the National Assembly may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker.

Decisions

53. (1) Except where the Constitution provides otherwise—

(a) a majority of the members of the National Assembly must be present before a vote may be taken on a Bill or an amendment to a Bill;

(b) at least one third of the members must be present before a vote may be taken on any other question before the Assembly; and

(c) all questions before the Assembly are decided by a majority of the votes cast.

(2) The member of the National Assembly presiding at a meeting of the Assembly has no deliberative vote, but—

(a) must cast a deciding vote when there is an equal number of votes on each side of a question; and

(b) may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the Assembly.

Rights of certain Cabinet members and Deputy Ministers in the National Assembly

54. The President, and any member of the Cabinet or any Deputy Minister who is not a member of the National Assembly, may, subject to the rules and orders of the Assembly, attend and speak in the Assembly, but may not vote.

[S. 54 substituted by s. 3 of the Constitution Sixth Amendment Act of 2001.]

Powers of National Assembly

55. (1) In exercising its legislative power, the National Assembly may—

(a) consider, pass, amend or reject any legislation before the Assembly; and

(b) initiate or prepare legislation, except money Bills.

(2) The National Assembly must provide for mechanisms—

(a) to ensure that all executive organs of state in the national sphere of government are accountable to it; and

(b) to maintain oversight of—

(i) the exercise of national executive authority, including the implementation of legislation; and

(ii) any organ of state.

Evidence or information before National Assembly

56. The National Assembly or any of its committees may—

(a) summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

(b) require any person or institution to report to it;

(c) compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and

(d) receive petitions, representations or submissions from any interested persons or institutions.

Internal arrangements, proceedings and procedures of National Assembly

57. (1) The National Assembly may—

(a) determine and control its internal arrangements, proceedings and procedures; and

(b) make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.

(2) The rules and orders of the National Assembly must provide for—

(a) the establishment, composition, powers, functions, procedures and duration of its committees;

(b) the participation in the proceedings of the Assembly and its committees of minority parties represented in the Assembly, in a manner consistent with democracy;

(c) financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader to perform their functions in the Assembly effectively; and

(d) the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition.

Privilege

58. (1) Cabinet members, Deputy Ministers and members of the National Assembly—

(a) have freedom of speech in the Assembly and in its committees, subject to its rules and orders; and

(b) 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 Assembly 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 Assembly or any of its committees.

(2) Other privileges and immunities of the National Assembly, Cabinet members and members of the Assembly may be prescribed by national legislation.

(3) Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund.

[S. 58 amended by s. 4 of the Constitution Sixth Amendment Act of 2001.]

Public access to and involvement in National Assembly

59. (1) The National Assembly must—

(a) facilitate public involvement in the legislative and other processes of the Assembly and its committees; and

(b) conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken—

(i) to regulate public access, including access of the media, to the Assembly and its committees; and

(ii) to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.

(2) The National Assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

National Council of Provinces

Composition of National Council

60. (1) The National Council of Provinces is composed of a single delegation from each province consisting of ten delegates.

(2) The ten delegates are—

(a) four special delegates consisting of—

(i) the Premier of the province or, if the Premier is not available, any member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and

(ii) three other special delegates; and

(b) six permanent delegates appointed in terms of section 61(2).

(3) The Premier of a province, or if the Premier is not available, a member of the province’s delegation designated by the Premier, heads the delegation.

Allocation of delegates

61. (1) Parties represented in a provincial legislature are entitled to delegates in the province’s delegation in accordance with the formula set out in Part B of Schedule 3.

(2) (a) A provincial legislature must, within 30 days after the result of an election of that legislature is declared—

(i) determine, in accordance with national legislation, how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and

(ii) appoint the permanent delegates in accordance with the nominations of the parties.

(b) …….

[Para. (b) omitted by s. 1 of the Constitution Fourteenth Amendment Act of 2008.]

[Sub-s. (2) substituted by s. 1 of the Constitution Ninth Amendment Act of 2002 and by s. 1 of the Constitution Fourteenth Amendment Act of 2008.]

(3) The national legislation envisaged in subsection (2)(a) must ensure the participation of minority parties in both the permanent and special delegates’ components of the delegation in a manner consistent with democracy.

(4) The legislature, with the concurrence of the Premier and the leaders of the parties entitled to special delegates in the province’s delegation, must designate special delegates, as required from time to time, from among the members of the legislature.

Permanent delegates

62. (1) A person nominated as a permanent delegate must be eligible to be a member of the provincial legislature.

(2) If a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member of the legislature.

(3) Permanent delegates are appointed for a term that expires—

(a) immediately before the first sitting of the provincial legislature after its next election..

(b) ……

[Para. (b) omitted by s. 2 of the Constitution Fourteenth Amendment Act of 2008.]

[Sub-s. (3) substituted by s. 2 of the Constitution Ninth Amendment Act of 2002 and substituted by s. 2 of the Constitution Fourteenth Amendment Act of 2008.]

(4) A person ceases to be a permanent delegate if that person—

(a) ceases to be eligible to be a member of the provincial legislature for any reason other than being appointed as a permanent delegate;

(b) becomes a member of the Cabinet;

(c) has lost the confidence of the provincial legislature and is recalled by the party that nominated that person;

(d) ceases to be a member of the party that nominated that person and is recalled by that party; or

(e) is absent from the National Council of Provinces without permission in circumstances for which the rules and orders of the Council prescribe loss of office as a permanent delegate.

(5) Vacancies among the permanent delegates must be filled in terms of national legislation.

(6) Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Sittings of National Council

63. (1) The National Council of Provinces may determine the time and duration of its sittings and its recess periods.

(2) The President may summon the National Council of Provinces to an extraordinary sitting at any time to conduct special business.

(3) Sittings of the National Council of Provinces are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Council.

Chairperson and Deputy Chairpersons

64. (1) The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.

(2) The Chairperson and one of the Deputy Chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier.

(3) The other Deputy Chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn.

(4) The Chief Justice must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.

[Sub-s. (4) substituted by s. 5 of the Constitution Sixth Amendment Act of 2001.]

(5) The procedure set out in Part A of Schedule 3 applies to the election of the Chairperson and the Deputy Chairpersons.

(6) The National Council of Provinces may remove the Chairperson or a Deputy Chairperson from office.

(7) In terms of its rules and orders, the National Council of Provinces may elect from among the delegates other presiding officers to assist the Chairperson and Deputy Chairpersons.

Decisions

65. (1) Except where the Constitution provides otherwise—

(a) each province has one vote, which is cast on behalf of the province by the head of its delegation; and

(b) all questions before the National Council of Provinces are agreed when at least five provinces vote in favour of the question.

(2) An Act of Parliament, enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf.

Cooperation by individuals from national official

66. (1) Cabinet individuals and Deputy Ministers may go to, and may talk in, the National Council of Provinces, yet may not vote.

(2) The National Council of Provinces may require a Cabinet part, a Deputy Minister or an authority in the national official or a common official to go to a gathering of the Council or a panel of the Council.

Investment by neighborhood government delegates

67. Not in excess of ten low maintenance delegates assigned by sorted out neighborhood government as far as segment 163, to speak to the distinctive classes of regions, may partake when important in the procedures of the National Council of Provinces, yet may not vote.

Forces of National Council

68. In practicing its administrative power, the National Council of Provinces may—

(a) consider, pass, change, propose revisions to or dismiss any enactment before the Council, as per this Chapter; and

(b) start or plan enactment falling inside a useful zone recorded in Schedule 4 or other enactment alluded to in segment 76(3), however may not start or get ready cash Bills.

Confirmation or data before National Council

69. The National Council of Provinces or any of its panels may—

(a) summon any individual to show up before it to give prove on promise or certification or to deliver records;

(b) require any organization or individual to answer to it;

(c) constrain, as far as national enactment or the guidelines and requests, any individual or establishment to consent to a summons or prerequisite regarding passage (an) or (b); and

(d) get petitions, portrayals or entries from any intrigued people or organizations.

Inward plans, procedures and techniques of National Council

70. (1) The National Council of Provinces may—

(a) decide and control its inward plans, procedures and techniques; and

(b) make guidelines and requests concerning its business, with due respect to agent and participatory majority rules system, responsibility, straightforwardness and open association.

(2) The standards and requests of the National Council of Provinces must accommodate—

(a) the foundation, sythesis, powers, capacities, strategies and term of its councils;

(b) the support of the considerable number of areas in its procedures in a way reliable with majority rule government; and

(c) the interest in the procedures of the Council and its boards of trustees of minority parties spoke to in the Council, in a way reliable with vote based system, at whatever point an issue is to be chosen as per segment 75.

Benefit

71. (1) Delegates to the National Council of Provinces and the people alluded to in segments 66 and 67—

(a) have the right to speak freely in the Council and in its boards of trustees, subject to its standards and orders; and

(b) are not at risk to common or criminal procedures, capture, detainment or harms for—

(I) anything that they have said in, created previously or submitted to the Council or any of its advisory groups; or

(ii) anything uncovered because of anything that they have said in, created previously or submitted to the Council or any of its boards.

(2) Other benefits and resistances of the National Council of Provinces, agents to the Council and people alluded to in segments 66 and 67 might be endorsed by national enactment.

(3) Salaries, remittances and advantages payable to perpetual individuals from the National Council of Provinces are an immediate charge against the National Revenue Fund.

Community to and inclusion in National Council

72. (1) The National Council of Provinces must—

(an) encourage open association in the administrative and different procedures of the Council and its advisory groups; and

(b) direct its business in an open way, and hold its sittings, and those of its advisory groups, in broad daylight, yet sensible measures might be taken—

(I) to manage community, including access of the media, to the Council and its boards of trustees; and

(ii) to accommodate the looking of any individual and, where proper, the refusal of section to, or the expulsion of, any individual.

(2) The National Council of Provinces may not prohibit the general population, including the media, from a sitting of a board of trustees unless it is sensible and reasonable to do as such in an open and vote based society.

National Legislative Process

All Bills

73. (1) Any Bill might be presented in the National Assembly.

(2) Only a Cabinet part or a Deputy Minister, or a part or panel of the National Assembly, may present a Bill in the Assembly, however just the Cabinet part in charge of national money related issues may present the accompanying Bills in the Assembly:

(an) a cash Bill; or

(b) a Bill which accommodates enactment visualized in segment 214.

[Sub-s. (2) substituted by s. 1(a) of the Constitution Seventh Amendment Act of 2001.]

(3) A Bill alluded to in area 76(3), with the exception of a Bill alluded to in subsection (2)(a) or (b) of this segment, might be presented in the National Council of Provinces.

[Sub-s. (3) substituted by s. 1(b) of the Constitution Seventh Amendment Act of 2001.]

(4) Only a part or panel of the National Council of Provinces may present a Bill in the Council.

(5) A Bill go by the National Assembly should be alluded to the National Council of Provinces on the off chance that it must be considered by the Council. A Bill go by the Council must be alluded to the Assembly.

Bills altering the Constitution

74. (1) Section 1 and this subsection might be changed by a Bill cruised by—

(a) the National Assembly, with a supporting vote of no less than 75 for every penny of its individuals; and

(b) the National Council of Provinces, with a supporting vote of no less than six territories.

(2) Chapter 2 might be corrected by a Bill cruised by—

(a) the National Assembly, with a supporting vote of no less than 66% of its individuals; and

(b) the National Council of Provinces, with a supporting vote of no less than six territories.

(3) Any other arrangement of the Constitution might be altered by a Bill passed—

(a) by the National Assembly, with a supporting vote of no less than 66% of its individuals; and

(b) likewise by the National Council of Provinces, with a supporting vote of no less than six territories, if the change—

(I) identifies with an issue that influences the Council;

(ii) changes commonplace limits, forces, capacities or organizations; or

(iii) corrects an arrangement that arrangements particularly with a common issue.

(4) A Bill changing the Constitution may exclude arrangements other than protected alterations and matters associated with the corrections.

(5) At minimum 30 days before a Bill altering the Constitution is presented regarding area 73(2), the individual or council planning to present the Bill must—

(a) distribute in the national Government Gazette, and as per the tenets and requests of the National Assembly, particulars of the proposed revision for open remark;

(b) submit, as per the principles and requests of the Assembly, those particulars to the common governing bodies for their perspectives; and

(c) submit, as per the tenets and requests of the National Council of Provinces, those particulars to the Council for an open verbal confrontation, if the proposed change isn’t a revision that is required to be passed by the Council.

(6) When a Bill changing the Constitution is presented, the individual or board of trustees presenting the Bill must present any composed remarks got from people in general and the common governing bodies—

(a) to the Speaker for tabling in the National Assembly; and

(b) in regard of revisions alluded to in subsection (1), (2) or (3)(b), to the Chairperson of the National Council of Provinces for tabling in the Council.

(7) A Bill revising the Constitution may not be put to the vote in the National Assembly inside 30 days of—

(an) its presentation, if the Assembly is sitting when the Bill is presented; or

(b) its tabling in the Assembly, if the Assembly is in break when the Bill is presented.

(8) If a Bill alluded to in subsection (3)(b), or any piece of the Bill, concerns just a particular area or areas, the National Council of Provinces may not pass the Bill or the important part unless it has been endorsed by the governing body or lawmaking bodies of the territory or regions concerned.

(9) A Bill altering the Constitution that has been passed by the National Assembly and, where material, by the National Council of Provinces, must be alluded to the President for consent.

Standard Bills not influencing territories

75. (1) When the National Assembly passes a Bill other than a Bill to which the method set out in segment 74 or 76 applies, the Bill must be alluded to the National Council of Provinces and managed as per the accompanying strategy:

(a) The Council must—

(I) pass the Bill;

(ii) pass the Bill subject to revisions proposed by it; or

(iii) dismiss the Bill.

(b) If the Council passes the Bill without proposing revisions, the Bill must be submitted to the President for consent.

(c) If the Council rejects the Bill or passes it subject to changes, the Assembly should rethink the Bill, considering any correction proposed by the Council, and may—

(I) pass the Bill once more, either with or without changes; or

(ii) choose not to continue with the Bill.

(d) A Bill go by the Assembly as far as section (c) must be submitted to the President for consent.

(2) When the National Council of Provinces votes on an inquiry as far as this area, segment 65 does not have any significant bearing—

(an) each delegate in a commonplace designation has one vote;

(b) no less than 33% of the agents must be available before a vote might be gone up against the inquiry; and

(c) the inquiry is chosen by a lion’s share of the votes cast, yet in the event that there is an equivalent number of votes on each side of the inquiry, the delegate directing must make a choosing choice.

Customary Bills influencing regions

76. (1) When the National Assembly passes a Bill alluded to in subsection (3), (4) or (5), the Bill must be alluded to the National Council of Provinces and managed as per the accompanying system:

(a) The Council must—

(I) pass the Bill;

(ii) pass a corrected Bill; or

(iii) dismiss the Bill.

(b) If the Council passes the Bill without correction, the Bill must be submitted to the President for consent.

(c) If the Council passes an altered Bill, the revised Bill must be alluded to the Assembly, and if the Assembly passes the changed Bill, it must be submitted to the President for consent.

(d) If the Council rejects the Bill, or if the Assembly declines to pass a corrected Bill alluded to it regarding section (c), the Bill and, where material, likewise the revised Bill, must be alluded to the Mediation Committee, which may concede to—

(I) the Bill as go by the Assembly;

(ii) the revised Bill as go by the Council; or

(iii) another adaptation of the Bill.

(e) If the Mediation Committee can’t concur inside 30 days of the Bill’s referral to it, the Bill slips unless the Assembly again passes the Bill, yet with a supporting vote of no less than 66% of its individuals.

(f) If the Mediation Committee concedes to the Bill as go by the Assembly, the Bill must be alluded to the Council, and if passes the Bill, the Bill must be submitted to the President for consent.

(g) If the Mediation Committee concurs on the revised Bill as go by the Council, the Bill must be alluded to the Assembly, and on the off chance that it is passed by the Assembly, it must be submitted to the President for consent.

(h) If the Mediation Committee concedes to another rendition of the Bill, that form of the Bill must be alluded to both the Assembly and the Council, and in the event that it is passed by the Assembly and the Council, it must be submitted to the President for consent.

(I) If a Bill alluded to the Council as far as section (f) or (h) isn’t passed by the Council, the Bill slips unless the Assembly passes the Bill with a supporting vote of no less than 66% of its individuals.

(j) If a Bill alluded to the Assembly regarding section (g) or (h) isn’t passed by the Assembly, that Bill slips, however the Bill as initially go by the Assembly may again be passed by the Assembly, yet with a supporting vote of no less than 66% of its individuals.

(k) A Bill go by the Assembly regarding passage (e), (I) or (j) must be submitted to the President for consent.

(2) When the National Council of Provinces passes a Bill alluded to in subsection (3), the Bill must be alluded to the National Assembly and managed as per the accompanying method:

(a) The Assembly should—

(I) pass the Bill;

(ii) pass a revised Bill; or

(iii) dismiss the Bill.

(b) A Bill go by the Assembly as far as section (a)(i) must be submitted to the President for consent.

(c) If the Assembly passes a changed Bill, the corrected Bill must be alluded to the Council, and if the Council passes the altered Bill, it must be submitted to the President for consent.

(d) If the Assembly rejects the Bill, or if the Council declines to pass a revised Bill alluded to it as far as section (c), the Bill and, where appropriate, likewise the altered Bill must be alluded to the Mediation Committee, which may concede to—

(I) the Bill as go by the Council;

(ii) the corrected Bill as go by the Assembly; or

(iii) another form of the Bill.

(e) If the Mediation Committee can’t concur inside 30 days of the Bill’s referral to it, the Bill slips.

(f) If the Mediation Committee concedes to the Bill as go by the Council, the Bill must be alluded to the Assembly, and if the Assembly passes the Bill, the Bill must be submitted to the President for consent.

(g) If the Mediation Committee concurs on the altered Bill as go by the Assembly, the Bill must be alluded to the Council, and in the event that it is passed by the Council, it must be submitted to the President for consent.

(h) If the Mediation Committee concedes to another rendition of the Bill, that form of the Bill must be alluded to both the Council and the Assembly, and in the event that it is passed by the Council and the Assembly, it must be submitted to the President for consent.

(I) If a Bill alluded to the Assembly as far as passage (f) or (h) isn’t passed by the Assembly, the Bill slips.

(3) A Bill must be managed as per the method set up by either subsection (1) or subsection (2) in the event that it falls inside an utilitarian territory recorded in Schedule 4 or accommodates enactment conceived in any of the accompanying areas:

(a) Section 65(2);

(b) area 163;

(c) area 182;

(d) area 195(3) and (4);

(e) area 196; and

(f) area 197.

(4) A Bill must be managed as per the technique set up by subsection (1) in the event that it accommodates enactment—

(an) imagined in segment 44(2) or 220(3); or

(b) imagined in Chapter 13, and which incorporates any arrangement influencing the budgetary interests of the common circle of government.

[Para. (b) substituted by s. 1 of the Constitution Eleventh Amendment Act of 2003.]

(5) A Bill conceived in segment 42(6) must be managed as per the method set up by subsection (1), aside from that—

(a) when the National Assembly votes on the Bill, the arrangements of area 53(1) don’t make a difference; rather, the Bill might be passed just if a larger part of the individuals from the Assembly vote for it; and

(b) if the Bill is alluded to the Mediation Committee, the accompanying standards apply:

(I) If the National Assembly considers a Bill imagined in subsection (1)(g) or (h), that Bill might be passed just if a larger part of the individuals from the Assembly vote for it.

(ii) If the National Assembly considers or reexamines a Bill conceived in subsection (1)(e), (I) or (j), that Bill might be passed just if no less than 66% of the individuals from the Assembly vote for it.

(6) This segment does not make a difference to cash Bills.

Cash Bills

77. (1) A Bill is a cash Bill in the event that it—

(an) appropriates cash;

(b) forces national expenses, tolls, obligations or additional charges;

(c) nullifies or diminishes, or gives exceptions from, any national assessments, tolls, obligations or additional charges; or

(d) approves coordinate charges against the National Revenue Fund, with the exception of a Bill visualized in area 214 approving direct charges.

(2) A cash Bill may not manage some other issue aside from—

(an) a subordinate issue coincidental to the appointment of cash;

(b) the burden, annulment or diminishment of national assessments, tolls, obligations or additional charges;

(c) the giving of exclusion from national charges, tolls, obligations or extra charges; or

(d) the authorisation of direct charges against the National Revenue Fund.

(3) All cash Bills must be considered as per the system built up by segment 75. An Act of Parliament must accommodate a technique to alter cash Bills before Parliament.

[S. 77 substituted by s. 2 of the Constitution Seventh Amendment Act 2001.]

Intercession Committee

78. (1) The Mediation Committee comprises of—

(a) nine individuals from the National Assembly chose by the Assembly as per a method that is recommended by the guidelines and requests of the Assembly and results in the portrayal of gatherings in considerably a similar extent that the gatherings are spoken to in the Assembly; and

(b) one delegate from every common assignment in the National Council of Provinces, assigned by the appointment.

(2) The Mediation Committee has concurred on a form of a Bill, or chose an inquiry, when that adaptation, or one side of the inquiry, is bolstered by—

(a) no less than five of the agents of the National Assembly; and

(b) no less than five of the delegates of the National Council of Provinces.

Consent to Bills

79. (1) The President should either consent to and sign a Bill go as far as this Chapter or, if the President has reservations about the legality of the Bill, allude it back to the National Assembly for reexamination.

(2) The joint principles and requests must accommodate the technique for the reexamination of a Bill by the National Assembly and the interest of the National Council of Provinces all the while.

(3) The National Council of Provinces must partake in the reevaluation of a Bill that the President has alluded back to the National Assembly if—

(a) the President’s reservations about the defendability of the Bill identify with a procedural issue that includes the Council; or

(b) area 74(1), (2) or (3)(b) or 76 was relevant in the death of the Bill.

(4) If, after reevaluation, a Bill completely suits the President’s reservations, the President must consent to and sign the Bill; if not, the President should either—

(a) consent to and sign the Bill; or

(b) allude it to the Constitutional Court for a choice on its legality.

(5) If the Constitutional Court chooses that the Bill is sacred, the President must consent to and sign it.

Application by individuals from National Assembly to Constitutional Court

80. (1) Members of the National Assembly may apply to the Constitutional Court for a request announcing that all or part of an Act of Parliament is illegal.

(2) An application—

(an) unquestionable requirement be bolstered by no less than 33% of the individuals from the National Assembly; and

(b) must be made inside 30 days of the date on which the President consented to and marked the Act.

(3) The Constitutional Court may arrange that all or part of an Act that is the subject of an application as far as subsection (1) has no power until the point when the Court has chosen the application if—

(a) the interests of equity require this; and

(b) the application has a sensible prospect of accomplishment.

(4) If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs.

Publication of Acts

81. A Bill assented to and signed by the President becomes an Act of Parliament, must be published promptly, and takes effect when published or on a date determined in terms of the Act.

Safekeeping of Acts of Parliament

82. The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.

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