PARLIAMENTARY SESSION WRAP-UP

Parliament reconvened on 11 September and completed work on 38 bills. The national legislature enacted a total of 70 bills during the year. One of the most important acts passed this session was the Firearms Control Act which will restrict the use and possession of firearms.

On 30 October, the Minister of Finance presented the Medium Term Budget Policy Statement to parliament indicating a real increase in spending on social services--education, health, welfare. Alarmingly, defence is still one of the fastest growing functions. On 1 November, the National People's Budget Initiative was launched by the SACC, COSATU and SANGOCO to propose alternative spending priorities for the national budget.

Local government elections will take place on 5 December. Traditional leaders expressed concern about the erosion of their powers and responsibility with the new Municipal Systems Act. The officials elected will inaugurate a new streamlined local government with a massive reduction in local councils and councillors.

The official opening of the next session of Parliament will take place on 9 February 2001. However, some parliamentary committees will be operating from 15 January 2001. Budget Day is scheduled for 21 February.

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

Firearms Control Act

Requires gun owners to be over the age of 21; 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 and stipulates that all weapons possessed above the new limits will have to be sold or surrendered to the state over a five-year period. (See Updates of 8 March and 30 May 2000.)

Legislation Awaiting Consideration by Second House

Legislation Awaiting Consideration by First House

Highlights

Conventional Arms Control Bill

In 1995 Cabinet decided that a National Conventional Arms Control Committee (NCACC) should be established to oversee arms transfers and that legislation should be enacted to give effect to this decision. The CAC Bill was introduced in parliament in July without limited prior consultation. It defines conventional arms, establishes an NCACC appointed by the President, explains the objectives of NCACC and deals with export and import permits. Initially the Portfolio Committee wanted to fast track the bill but after considerable pressure from civil society decided to refer it back to the government for redrafting

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.