PARLIAMENTARY SESSION WRAP-UP

Parliament opened on 9 February and worked through the end of June with a brief recess in mid-April. As usual, much of the first session was devoted to the National Budget, which the Minister of Finance unveiled on 21 February.

Parliament is scheduled to reconvene for its second session from 20 August until 16 November. The Conventional Arms Control Bill, the Unemployment Insurance Bill and amendments to the Labour Relations Act and Basic Conditions of Employment Act (currently available in draft form) are expected to be important items on the agenda for the second session.

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

Division of Revenue Act and 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 2001/2002 national budget. (See Update of 12 March 2001.)

Taxation Laws Amendment Act

Makes provision for the new Capital Gains Tax.

Legislation Awaiting Consideration by Second House

Legislation Awaiting Consideration by First House

Highlights

Conventional Arms Control Bill

Gives statutory effect to the Cabinet's 1995 decision to establish the National Conventional Arms Control Committee (NCACC) to regulate arms transfers. It defines conventional arms, formally establishes the NCACC and empowers the President to appoint its members, explains the objectives of NCACC and sets out criteria for the issuing of export and import permits. The version originally introduced in July 2000 failed to entrench the human rights criteria that the NCACC is currently meant to apply when assessing export permit applications. Opposition from civil society and the Portfolio Committee on Defence prompted the government to send the bill for redrafting. A revised version is expected in the next session.

Unemployment Insurance Bill

Overhauls the Unemployment Insurance Fund. The SACC and other organisations have called for revisions to the law to extend unemployment benefits to domestic and seasonal workers.

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 or on the government document server. (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.