X

Law-Making

The mandate on law-making is derived from Section 114 (1) of the Constitutions, which stipulates that Legislature may:

  • Pass constitution for the province; however, such constitution should not contradict the constitution of the country.
  • Pass, amend or reject any piece of legislation (Bill) before it;
  • Initiate or prepare a piece of legislation except money Bills as guided by Schedule 4 and 5 of the Constitution of RSA

Schedule 4 & 5 of the Constitution stipulates areas in which the province may make laws that will address challenges encountered by the province and to improve the lives of the Eastern Cape community. There are two types of legislation that are processed by the Legislature:

  • Provincial Legislation/Bills
  • National Bills (NCOP Bills as stated in section 76 of the Constitution)

Bills are processed by the Legislature through its committees. In processing the Bills, committees are required to conduct public participation through public hearings in order to give Eastern Cape community an opportunity to give their views in a Bill. The extent of public participation is guided by the content of a Bill. The Legislature has an obligation to ensure that all the relevant stakeholders or targeted audience is given an opportunity to state its views. Due to the nature of the province, when the Legislature conducts public participation, it sometimes provides transport for public to attend public hearings.

PROCESSING OF BILLS: PROVINCIAL BILLS

  • Office of the Speaker refers a Bill to the relevant committee.
  • Relevant Department brief the committee on the Bills, explaining its objectives
  • Committee conduct public participation
  • Committee considers the input received during public participation process and may:
    • Adopt a Bill as is without amendments
    • Amend a Bill
    • Reject a Bill
  • Committee compiles a report and table it in the House
  • House will debate a Bill and may:
    • Pass a Bill as per committee recommendation
    • Further amend a Bill (a Member may move further amendments from the floor)
    • Refer a Bill back to the committee for further consideration

National Bills (NCOP Bills)

These are Bills that affects the interests of provinces and are processed in terms of section 76 of the Constitution of RSA. The said bills are referred to Provincial Legislatures through the National Council of Provinces (NCOP). The section 76 Bills are processed by the Legislatures guided by the Mandating Procedures of Provinces Act 2008. On National Bills Legislature submits its views to the NCOP for consideration through mandates as stated in the Mandating and Procedures of Provinces Act.

PROCESSING OF NCOP BILLS

  • Office of the Speaker refers a Bill to the relevant committee/s
  • Briefing of a committee on a Bill by a Special Delegate (NCOP Member) supported by officials;
  • Committee conducts public participation (public hearings)
    • Public participation is preceded by public education and public awareness/publicity
    • Methods to conduct Public awareness differ from a Bill to a Bill
  • Committee considers input received from public in order to formulate mandates to be submitted by the Legislature to NCOP.
    • Negotiating mandate: Is a stage where the Legislature submits its proposed amendments on a Bill if any. It is like a Bargaining stage because all Legislatures submits their proposed amendments.
    • NCOP committee will consider all the negotiating mandates submitted by Legislatures and may amend the Bill.
    • Legislature will submit final mandate, indicating whether it supports or not support a Bill.
  • NCOP will debate a Bill and pass it
  • Bill is referred to the Office of the President for assent.
  • Presidency may:
    • Refer a Bill back to Parliament for further consideration
    • Assent a Bill and indicate how and when it will be in effect.