Public Policy Liaison Unit
PARLIAMENTARY SESSION WRAP-UP
Second Session, 2002

Parliament reconvened on 8 August and completed work on 44 bills during its second session.

This update lists all legislation enacted during the second session of 2002, 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

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.


Comprehensive list of legislation enacted
Act No. Title Bill No.
32 Reinstatement of Enrolment of Certain Deceased Legal Practitioners Act
[introduced as Reinstatement of Enrolment of Certain Legal Practitioners Bill]
B6B-02
33 Insolvency Amendment Act B14-02
34 Export Credit and Foreign Investments Insurance Amendment Act B29B-02
35 Probation Services Amendment Act B18D-02
36 Profession Planning Act B76B-01
37 Financial Advisory and Intermediate Services Act B52B-01
38 State Information Technology Agency Amendment Act B24B-02
39 Corporate Laws Amendment Act B32B-02
40 Institution of Legal Proceedings against Certain Organs of State Act
[introduced as Limitation of Legal Proceedings against Government Institutions Bill]
B65D-99
41 National Conventional Arms Control Act
[introduced as Conventional Arms Control Bill]
B50D-00
42 Defence Act B60B-01
43 Road Accidents Fund Amendment Act B27B-02
44 South African Maritime and Aeronautical Search and Rescue Act B23D-02
45 Collective Investment Schemes Control Act B28B-02
46 South African Revenue Service Amendment Act B36-02
47 Administration of Estates Amendment Act B54B-02
48 Finance Act B48-02
49 Agricultural Debt Management Amendment Act B45-02
50 Education Laws Amendment Act B31B-02
51 Local Government Laws Amendment Act B61B-02
52 Promotion of Equality and Prevention of Unfair Discrimination Amendment Act B41B-02
53 Promotion of Administrative Justice Amendment Act B46B-02
54 Promotion of Access to Information Amendment Act B60-02
55 Judicial Matters Amendment Act B55B-02
56 National Environmental Management Amendment Act B62-02
57 Disaster Management Act B21B-02
58 Patents Amendment Act B64-02
59 Medicines and Related Substances Amendment Act B40B-02
60 Occupational Diseases in Mines and Works Amendment Act B39B-02
61 Merchandise Marks Amendment Act B63B-02
62 Medical Schemes Amendment Act B37D-02
63 Higher Education Amendment Act B30D-02
64 Broadcasting Amendment Act B34D-02
65 Intelligence Service Act B58D-02
66 Intelligence Services Control Amendment Act B50D-02
67 National Strategic Intelligence Amendment Act B51D-02
68 Electronic Communications Security (Pty) Ltd Act B59D-02
69 Insolvency Second Amendment Act B53D-02
70 Regulation of Interception of Communications and Provision of Communication-related Information Act
[introduced as Interception and Monitoring Act]
B50D-01
71 International Trade Administration Act B38F-02
72 Administrative Adjudication of Road Traffic Offences Amendment Act B42D-02
73 Adjustments Appropriation Act B66-02
74 Revenue Laws Amendment Act B67-02
75 Gas Regulator Levies Act B47-02



Legislation Awaiting Consideration by Second House

Legislation passed by one House, awaiting action by the other
Bills in red awaiting action by the National Assembly; others by NCOP.
Tag Title Bill No.
75 Explosives Bill B44B-02



Legislation Awaiting Consideration by First House

Highlights

Anti-Personnel Landmines Bill

    Would give force to South Africa's treaty obligations as a signatory to the landmark Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Landmines and on their Destruction, and also strengthens and expands the domestic application of the provisions of the treaty.

Child Justice Bill

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


Bills awaiting consideration by the National Assembly
Tag Title Bill No.
75 Judicial Officers Amendment Bill B72-01
75 Local Government:Municipal Finance Management Bill B1-02
75 Financial Services Ombud Schemes Bill B13-02
75 Prevention of Corruption Bill B19-02
74 Constitution of the RSA Third Amendment Bill B33-02
75 Special Pensions Amendment Bill B35-02
75 Prohibition of Anti-Personnel Mines Bill B44B-02
75 Child Justice Bill B49-02
75 Insurance Amendment Bill B52-02
75 Natural Scientific Professions Bill B56-02
75 Criminal Procedure Amendment Bill B57-02
75 Deeds Registries Amendment Bill B65-02
75 Local Government: Municipal Structures Second Amenment Bill B68-02
74 Constitution of the RSA Fourth Amendment Bill B69-02
75 National Development Agency Amendment Bill B70-02


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.

13 December 2002



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