PARLIAMENTARY SESSION WRAP-UP

Parliament reconvened on 25 January, two weeks before the official state opening of Parliament, in order to enact four key bills (Acts 2, 3, 4 and 5) prior to the 4 February 2000 deadline imposed in the Constitution. Parliament also approved the 2000/2001 national budget, announced by the Minister of Finance in his 23 February Budget Speech, and enacted several other important pieces of legislation before rising for long leave on 23 June.

The 2000 session is currently scheduled to resume on 11 September, although committees with urgent business may meet during part of the recess. The Portfolio Committee on Safety and Security, for example, has indicated it will resume hearings on the Firearms Control Bill on 14 August. The length of the next session will depend largely on the date selected for municipal elections, which are likely to be held in November or December.

This update lists all legislation enacted during the session, as well as bills still pending. See below, for an explanation of bill numbering and tagging and information on how to obtain copies of bills.

Legislation Enacted This Session

Highlights

Promotion of Access to Information Act

Gives effect to section 32 of the Constitution which guarantees access to government information and to any privately-held information required for the exercise or protection of any right. Establishes procedures for requesting information, grounds on which information may be withheld, and mechanisms for appealing decisions. (Originally tabled as the Open Democracy Bill.)

Promotion of Administrative Justice Act

Mandated by section 33 of the Constitution. Requires the administrative actions of government officials to be lawful and to follow fair procedures. Requires a public inquiry or public comment period prior to any action likely to have a negative impact on the public. Gives effect to right to written reasons for any action that adversely affects ones rights or interests. (See Update of 26 October 1999.)

Promotion of Equality and Prevention of Unfair Discrimination Act

Outlaws unfair discrimination on any of the grounds listed in section 9(3) of the Constitution. Includes specific sections relating to racial and gender discrimination. Requires relevant ministers to identify positive steps that can be taken to promote equality.

Division of Revenue Act / Appropriation Act

The Division of Revenue Act allocates national revenues to each of the three spheres of government (national, provincial, local) and determines the share to be received by each of the nine provinces, while the Appropriation Act contains the 2000/2001 national budget. (See Update of 3 March 2000.)

Protected Disclosures Act

Prohibits reprisals against public and private sector employees who disclose, in an appropriate manner, evidence of unlawful or publicly harmful conduct by an employer or a fellow employee. Based on "whistleblower" provisions removed from the original Open Democracy Bill.

Taxation Laws Amendment Act

Makes extensive changes to tax laws, including replacement of many specific income tax exemptions with a broad generic exemption for "public benefit organisations". (See Update of 26 June 2000.)

Legislation Awaiting Consideration by Second House

Legislation Awaiting Consideration by First House

Highlights

Firearms Control Bill

Requires an individual to be certified as competent to use a gun before obtaining a license; introduces a system of periodic renewal of licenses; limits the number of guns an ordinary person may own; expands police powers to seize illegal firearms and prosecute offenders; allows certain areas or types of premises to be declared gun-free zones. (See Updates of 8 March and 30 May 2000.)

Notes on Bill Numbering and Tagging

Bill numbers

Bills are numbered in order of tabling within each year. Thus, bill number B75-97 was the seventy-fifth bill tabled in 1997. A letter following a bill number specifies a revision of the original bill, usually indicating that it has been amended by Parliament. For example, B54D-97 denotes the second revision of bill B54-97 (where B54B-97 would have been the first revision). Intermediate documents (in this case, versions A and C) usually list the amendments made.

Bill tagging

In terms of the Constitution, different types of legislation must be handled differently by Parliament. Consequently, all bills must be "tagged" to indicate the section of the Constitution that regulates their consideration and adoption. The State Law Advisors recommend a tag for each bill prior to introduction, but the four presiding officers of Parliament (the Speaker and Deputy Speaker of the National Assembly and the Chair and Deputy Chair of the NCOP) make a final determination. The categories of legislation are:

• Section 74 (Bills amending the Constitution) - Must be introduced in the National Assembly and must receive the support of at least two-thirds of the members of that House (or, in certain cases, a 75% majority). Amendments to Section 1 (preamble), Chapter 2 (Bill of Rights), or any amendment that affects the provinces must also receive the support of at least six provinces in the NCOP.
• Section 75 (Ordinary Bills not affecting provinces) - Must be introduced in the National Assembly and must be passed by both Houses.
• Section 76 (Ordinary Bills affecting provinces) - Most Section 76 bills may be introduced either in the National Assembly [Section 76(1)] or in the NCOP [Section 76(2)]. Certain types of bills (such as those which, due to exceptional circumstances, would intervene in affairs normally considered the exclusive responsibility of the provinces) must be introduced in the National Assembly. All Section 76 bills must be passed by both Houses.
• Section 77 (Money Bills) - Must be introduced in the National Assembly and be considered in accordance with Section 75. Parliament is required to specify a procedure for the amendment of money bills.

Obtaining copies of bills

You should be able to get a copy of any of the tabled bills mentioned above on the Parliament web site. (Note: You need the Adobe Acrobat Reader to view most bills. If you do not have it, it can be downloaded for free.)

Alternatively, contact your local constituency office and ask for help in obtaining the bills you desire. Or you can order bills directly from the Government Printer. Printed copies cost R5 each. Send a check or postal order to: The Government Printer, Private Bag X85, Pretoria 0001. Be sure to specify each bill number and title and include your name and address.