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Your Guide to Parliament
How a Law is Made
Information
obtained from brochure issued by: Public Education Office of Parliament (021)
403 8200
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Introduction
Parliament is the legislative
arm of the state. The word legislative comes from the Latin word “legis”
meaning “law”. The first and most important job of Parliament is to make
laws. Once these laws are made, they become laws of the land. Where it all begins The law process begins when a
Cabinet Minister decides that a new draft law (called a Bill) is necessary. The Minster submits the proposed
Bill to Cabinet for approval. If Cabinet approves, the Minister formally
introduces the Bill in Parliament. It is then referred to a committee in the
National Assembly or National Council of Provinces (NCOP) for consideration;
the Bill is then referred to a Committee. For example if the Bill concerns
land affairs, it will be referred to the Portfolio Committee on Agriculture
and Land Affairs. Bills that affect the provinces, are first tabled In the
NCOP, and then referred to the National Assembly (NA). The process described below
tells you what happens with a Bill that starts in the NA. What happens to the Bill
in the National Assembly? A portfolio committee consists
of members of all the political parties in the National Assembly. The Committee meets to study and
discuss the Bill in detail. It can make changes to the Bill if the majority
of the committee agrees. Meetings of the Portfolio
Committee are open to the public. If there is a lot of public interest in the
Bill, the Portfolio Committee will hold public hearings or ask the public to
make submissions. Even if the Portfolio Committee does not do this, you have
a right to write to the chairperson of the committee or any of its members
about the Bill. What happens to the Bill
in the National Council of Provinces (NCOP)? The same process is followed in
the NCOP, where the Bill is studied and discussed by the relevant Select
Committee. If the Bill directly affects the
provinces, it will also go to the provincial legislatures, which will mandate
their members in the NCOP to support or oppose the Bill in Parliament. The
Provincial legislatures may also hold public hearings. The NCOP is made up of
representatives of the provinces. Its main role is to represent the interest
of the provinces. If the
National Assembly and the NCOP agree on the Bill, it is passed and goes to
the President for signing. If the
NCOP disagrees with the National Assembly about a Bill, which affects
provincial powers, a mediation committee must try to solve the disagreement. If the
Mediation Committee fails, the National Assembly can send the Bill to the
President for signing, provided that two-thirds of its members support the
Bill. Otherwise, the Bill falls away. |
If the
NCOP disagrees with a Bill that does not affect provincial powers i.e.
national competency, the National Assembly can discuss the Bill and agree to
send it to the President for signing. When a Bill becomes Law A Bill
becomes law when it is signed by the President and promulgated (declared
official) in the Government
Gazette. It is then called an Act of
Parliament . It is
given a number and date, for example Act 108 of 1996. This means it is the
108th Act passed by Parliament. In 1996. Changes to the Constitution The
Constitution is the highest law in the land. It is the foundation for
democratic and open society., and protects the rights of all our citizens. Not
even the President can act against the Constitution and neither can
Parliament pass a law, which is not in line with the Constitution. This is
why it is difficult to amend the Constitution. The
Constitution can only be amended if two-thirds of all the Members in the
National Assembly agree. If the
change affects the provinces directly, or amends the Bills of Rights,
two-thirds of the provinces in the NCOP must also vote in favour of it. The
public must also be properly informed about the proposed change and given
time to comment. Private Members’ Bills and Committee Bills A
Cabinet Minister introduces almost all Bills into Parliament. However,
individual Members or Committees may also introduce Bills in the National
Assembly. If an
individual member wants to introduce a Bill, the proposal is considered by a
special parliamentary committee, which must agree before such a Bill is
introduced in Parliament. Parliament and You The
Constitution says there must be public access and involvement in Parliament. When
Parliament passes a law, it has duty to take into account the views and
opinions of the public. You
have a right to contact your MP in the NA of NCOP, to inform them of your
view. |
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