Parliament opened on 8 February and enacted 31 bills during its first session. On 20 February, the Minister of Finance presented the 2002-2003 national Budget which provided for a modest real increase in spending on health, education and social development.

Parliament will reconvene on 8 August and sit until 15 November. Parliamentary committees will begin work from 29 July. The Minister of Finance will deliver his Medium Term Budget Policy Statement, outlining spending plans for the next three years, on 30 October.

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

Appropriation Act and Division of Revenue Act

The two main Acts defining the allocation of national revenue (the Budget). The former determines overall expenditure by function, while the latter tells how national revenues will be divided among the three spheres of government (national, provincial and local). This year, the total budget grew by R25,3 billion to R287,9 billion. Provision was made for modest real increases in spending on health (1,8%) and education (1,3%). Defence spending will grow at a real rate of 7,4%, outstripping spending on police. Local government will receive a slightly larger share of national revenue (3%, as opposed to 2,5% last year).

Taxation Laws Amendment Act

Makes several important changes to the new tax system for Public Benefit Organisations (including churches) introduced last year. The deadline for registration for tax exemption is moved to 31 December 2003, provision is made for group registration, and the Commissioner of Revenue may now waive the NPO registration requirement on application. (See the SACC Parliamentary Office publication, Churches and Taxation in Democratic South Africa, for full details.)

Basic Conditions of Employment Amendment Bill

Originally, this Bill would have made Sunday an ordinary work day, eliminating disincentives to requiring employees to work on Sunday. This was abandoned following intervention by churches and labour.

Immigration Act

Enacted just within the deadline established by the Constitutional Court to correct unconstitutional sections of the Aliens Control Act, 1991. Includes a controversial quota system for admissions.

Legislation Awaiting Reconsideration by First House

Legislation Awaiting Consideration by Second House

Legislation Awaiting Consideration by First House

Highlights

National Conventional Arms Control Bill

Formalises Cabinet's 1995 decision to establish a National Conventional Arms Control Committee (NCACC) to oversee arms transfers. It defines conventional arms, explains the objectives and method of appointment of the NCACC and deals with export and import permits. The original version, tabled in July 2000, was rejected by the Portfolio Committee on Defence, in part because it failed to codify criteria for regulating arms exports. A revised version of the Bill was introduced this last year, but was substantially revised by the Portfolio Committee on Defence. Clauses relating to parliamentary oversight and reporting of information about arms exports remain particularly contentious.

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.