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The Legislative Power of Parliament

 

Bills Procedure

 

Government Bills

   
- Functions with regard to
Government Bills
 

Private Members' Bills

 

Functions pertaining to
Standing Committees & Select Committees

 

Acts & Bills

Government Bills

The Government Bills may be classified as follows

1.

Ordinary Bills published in the gazette are placed in the Order paper seven days after the publication in terms of Article 78.

   
2.

Bills which are in the opinion of Cabinet of Ministers urgent in the national interest need not be gazetted in terms of Article 78.

   
3.

Bills to amend, repeal and replace the Constitution in terms of Article 82, 83 and 84.

   
4.

Statutes to be made by the Provincial Councils in respect of matters in List 1 of the Ninth Schedule (Provincial Council List) in terms of Article 154G (1).

   
5.

Bills to amend or repeal the Chapter XVIIA or Ninth Schedule of the Constitution in terms of Article 154G (2).

   
6.

Bills to be passed by Parliament in respect of matters in the Provincial Council List in terms of Article 154G (3).

   
7.

Bills to be passed by Parliament on the request of Provincial Councils in respect of matters in the Provincial Councils list in terms of Article 154G (4).

   
8.

Bills to be passed by Parliament with respect to matters in List 111 of Ninth Schedule (Concurrent List) in terms of Article 154G (5)(a).

   
9.

Statutes to be made by Provincial Councils with respect to matters in the Concurrent List in terms of Article 154G (5)(b).

   
10.

Appropriation Bill.


Government bills procedure

1.

First reading

After seven days from the publication in the gazette in terms of Article 78 and on the request of a Cabinet Minister or a Deputy Minister, a Bill is placed in the Order Paper for First Reading in terms of Standing Order 45. After the First Reading is moved, the Bill is ordered to be printed by the Parliament.

After lapse of seven days from the First Reading, the Bill is placed in the Order Paper for Second Reading in terms of Standing Orders 45 and 50(1).

Where a Petition has been filed in Supreme Court against a Bill under Article 121, such a Bill is fixed for Second Reading after the determination of the Supreme Court is announced in Parliament in terms of Standing Order 50(2).

Urgent Bills as provided in Article 122 are placed in the Order Paper for Second Reading after the determination of the Supreme Court is announced in Parliament in terms of Standing Orders 45 and 46.

When Bills in respect of matters in List 111 of the Ninth Schedule to the Constitution (Concurrent List) under Article 154G (5)(a) are presented to Parliament, such Bills are referred to all Provincial Councils for their views in terms of Standing Order 46A (2)(a). After their views are announced in Parliament, the Bill is fixed for Second Reading in terms of Standing Order 46A (2)(b).

When any proposed Statute of a Provincial Council in respect of matters in List 111 of the Ninth Schedule (Concurrent List) under Article 154G (5)(b) is received in Parliament, after the receipt of such Statute is announced in Parliament, it is referred to a Standing Committee for a Report in terms of Standing Order 46A (3)(a). After the Report is considered, the views of the Parliament is sent to the relevant Provincial Council in terms of Standing Order 46A (3)(b).

   
2.

Second reading

On the Second Reading of a Bill, it may be debated in terms of Standing Order 51.

In the case of Appropriation Bill, twenty six days are allotted for the consideration of the Bill in terms of Standing Order 70.

   
3.

Committee stage of bills

After Second Reading, the Bill (other than an Appropriation Bill) is referred to the Committee of the Whole Parliament or upon the request of a Minister or a Deputy Minister, is referred to a Select Committee or a Standing Committee in terms of Standing Order 52.

When the Bill has been referred to a Select Committee or to a Standing Committee no further proceeding is taken until the Committee has reported to Parliament in terms of Standing Order 53.

When a Bill has been referred to the Committee of the Whole Parliament in terms of Standing Order 52, the proceedings of the Committee is conducted in terms of Standing Orders 86 to 93.

When the Bill has been referred to the Committee of the Whole Parliament, in terms of Standing Order 52, all the Clauses of the Bill are discussed in the Committee and new amendments may be moved to the Clauses of the Bill in terms of Standing Orders 54, 55, 56, 57, 58, 59 and 60. When New Clauses and New Schedules are proposed to the Bill they shall be read a Second Time and thereafter Preamble and Title of the Bill shall be considered in terms of Standing Order 61. The nature of amendments is laid down in Standing Orders 37, 38, 39, 40 and 41. All amendments must be in writing and handed over to the Secretary General in terms of Standing Order 38(1).

When the Bill has been referred to a Select Committee or to a Standing Committee, the Report of the Committee shall be presented to Parliament in terms of Standing Orders 63, 64, 65.

The proceedings of the Standing Committee are conducted in terms of Standing Orders 116 to 120.

The proceedings of the Select Committee are conducted in terms of Standing Orders 94 to 103.

Committee stage of the appropriation bill

When the Appropriation Bill is referred to the Committee of the Whole Parliament, all Clauses, Heads and Schedules are considered together with the amendments proposed thereon and reported to Parliament in terms of Standing Order 131. Notwithstanding anything in Standing Order 24, motions for the reduction of any Programme, Project or Object shall require notice in terms of Standing Order 131(9).

4.

Third reading

When the Committee of the Whole Parliament has completed the consideration of the Bill, the Chairman shall report the Bill with or without the amendment to the Parliament in terms of Standing Order 62.

The Report of a Standing Committee or a Select Committee shall be considered and reported to Parliament in terms of Standing Order 67.

After the Bill has been reported to Parliament, the Bill is read a Third Time and passed in terms of Standing Orders 66 and 67.

At the Third Reading any verbal or drafting amendment may be made upon motion after notice in terms of Standing Order 68 and forwarded for the Speaker's Certificate under Article 79 or 80 in terms of Standing Order 69.

 
     
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