Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We
are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.
Acts of parliament are the formal statutes (laws) which have
been passed by parliament and signed by the president in
accordance with the constitution.
Acts often override common
law. If there is a need for a new act or an amendment to an
existing act, a proposal - called a bill - is drafted for
presentation to parliament.
Bills usually come from government departments, but they may
come from parliamentary committees or from individual members of
parliament (MPs). Private individuals or organisations may also
draft bills but these must be submitted to parliament by an MP.
Until 1996, both the National Assembly (NA) and the Senate had
to pass a bill for it to become an act. This changed when the
National Council of Provinces (NCOP) replaced the Senate. A bill
introduced in the NA will then become an act by the following
process:
- The Cabinet approves the bill;
- The bill goes to state law advisers to be finalised and
checked for conflict with any existing laws;
- The bill is tabled in the NA for a 'first reading';
- It goes to a parliamentary committee for debate and
possible amendment. The committee may hear evidence and
ask for submissions. The general public may make written
or oral submissions before the committee to try to
influence the outcome of the process. The committee then
reports on its findings and on any dissenting view in the
group;
- The bill goes to the NA for debate together with the
committee's report;
- It then goes back to the committee to consider any
amendments which have been suggested. A bill may go back
and forth between the committee and NA several
times;
- The NA votes on the bill. It is accepted if a majority of
MPs are present and a majority vote in favour. The bill
has then been 'read a second time'. Amendments to the
constitution require a two-thirds majority.
Constitutional amendments which do not affect the NCOP or
the provinces may be referred to the president for assent
as they are passed in the NA. Any other bill must be
referred to the NCOP;
- The NCOP and its committees then consider the bill and
vote on it. The three categories of bills and their
requirements for acceptance are: (1) bills over which the
national and provincial legislatures have joint
competence - five of the nine provincial delegations must
vote in favour; (2) amendments to the constitution which
affect the NCOP or the provinces - six delegations; (3)
other bills - a third of the delegates must be present
and a majority of delegations in favour. If passed, the
bill is referred to the president for assent. If it is
rejected or passed with amendments, it must go back to
the NA;
- Bills referred back to the NA must be reconsidered. The
bill may be passed with the NCOP amendments. If the NCOP
amendments are rejected, the NA may pass its own version
of the bill and refer it to the president for assent
unless it falls into category (1). If the NCOP amendments
are rejected and the bill falls into category (1), it
must be referred to a mediation committee. If a
compromise is not reached in 30 days, the bill lapses
unless the NA passes it again with a two-thirds
majority;
- The bill is signed by the president and it then formally
passes into law; and
- The signed act is published in the Government Gazette for
public information.
The president has the right to refer a bill back to parliament
for amendment if it runs contrary to the constitution. If
parliament passes the bill again with the required amendments,
the president will sign it. If parliament does not amend the bill
to the president's satisfaction, the matter is referred to the
Constitutional Court for a decision on its constitutionality.
Certain bills may be initiated in the NCOP and, if they are
passed, they are referred to the NA for its consideration. If the
two houses are unable to agree on a bill, it is referred to a
mediation committee to try to reach a compromise. If agreement is
not reached within 30 days, the bill lapses.
Provincial acts on certain matters may be passed by the
provincial legislatures (see provincial
and local government).
