Parliament reconvened for committee meetings from 4 August 2003 and enacted 42 bills before rising on 28 November. On 29 October, the Minister of Finance delivered the Medium Term Budget Policy Statement, outlining government's overall spending proposals for the next three years.

On 6 February, President Mbeki opened the final, brief session of South Africa's second democratic parliament with the State of the Nation address. The following week, he announced that the nation will go to the polls on 14 April for the third democratic national and provincial elections. During the next month, government tabled the 2004/05 national budget (on 18 February) and Parliament enacted 13 more bills. The current National Assembly rose for the last time on 27 February, followed by the National Council of Provinces a week later.

This update lists all legislation enacted during the second session of 2003 and the final session of 2004, 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

Traditional Leadership and Governance Framework Act

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Revenue Laws Amendment Act

Extends deadline for registration as a tax-exempt Public Benefit Organisation to 31 December 2004 and enables more PBOs to offer tax deductions to donors in terms of section 18A of the Income Tax Act.

Social Assistance Act and Social Security Agency Act

Restores control of social assistance to the national sphere of government in preparation for the introduction of a semi-private national social security agency responsible for uniform disbursement of social grants; makes legislative provision for temporary social relief of distress grants.

Communal Land Rights Act

Enacted over SACC objections that the legislation gives communities relatively little say in tenure reform and communal land administration, vesting power instead in the Minister and traditional leadership. The Act is also unlikely to alter historic patterns of land ownership and distribution.

Local Government: Property Rates Act

Regulates the formulation and implementation of municipal rates policy; SACC secured prohibition on the assessment of rates on places of public worship and manses and provision for differential rates for certain PBOs but such concessions must be determined at municipal level.

PENDING LEGISLATION

NB - Legislation pending at the dissolution of Parliament will lapse unless revived by the action of the next Parliament.

Legislation Awaiting Reconsideration by First House

Highlights

Protection of Constitutional Democracy against Terrorist and Related Activities Bill

The SACC questioned the need for dedicated anti-terror legislation, especially given its concern that the Bill's anti-terror measures would infringe civil liberties. The Council proposed a revised definition of "terrorist act" that emphasised real and imminent threats to human security. Following a series of amendments in the NCOP, the Bill has been returned to the National Assembly. It appears that the Bill will be allowed to lapse.

Legislation Awaiting Consideration by Second House

Legislation Awaiting Consideration by First House

Highlights

Child Justice Bill

Will govern the way in which children are dealt with by the criminal justice system.

Criminal Law (Sexual Offenses) Bill

The SACC raised concerns about the Bill's provision to make failure to disclose one's HIV+ status to an intimate partner grounds for a charge of rape. The Council also called for the age of consent to be equalised at 18, rather than 16 (the current age of heterosexual consent).

Children's Bill

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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 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, Private Bag X85, Pretoria 0001. Be sure to specify each bill number and title and include your name and address.