PARLIAMENTARY SESSION WRAP-UP

The first session of South Africa's second democratic parliament got off to a slow start. Parliament convened briefly on 14 June 1999 to formally elect the President, as required by the Constitution. Thabo Mbeki was sworn in as President two days later and made his State of the Nation address to a joint sitting of both houses on 25 June. Parliament did not reconvene for a legislative session until late August. However, orientation of new members (roughly 40% of the 490 members of the National Assembly and the NCOP were new to Parliament), formation of committees, and the establishment of new routines consumed members’ time in the early weeks of the session. By the time Parliament rose at the end of October for a constituency week, it had enacted only five bills. A further 18 bills were enacted during the two weeks prior to the session’s close on 19 November.

Although Parliament has adjourned, many members will be working frantically through the holiday season to complete work on three key bills which the Constitution requires to be enacted before 4 February 2000. These are the Open Democracy Bill (which will give effect to the right of access to information contained in Section 32(1) of the Constitution), the Administrative Justice Bill (which will give effect to the right to fair administrative procedure and written reasons contained in Section 33(1) and (2) of the Constitution), and the Promotion of Equality and Prevention of Unfair Discrimination Bill (which will give effect to the equality clause in Section 9(4) of the Constitution). The Administrative Justice Bill is being reviewed jointly by the Portfolio Committee on Justice and the Select Committee on Security and Constitutional Affairs. The other two bills are being scrutinised by special joint committees. The SACC has made written and oral testimony on all three of these crucial bills.

The official opening of the next session of Parliament will take place on 4 February 2000. However, the National Assembly is now scheduled to reconvene on 21 January so that it may enact the three bills prior to the constitutional deadline. Budget Day is scheduled for 23 February.

For explanations of bill numbering and tagging and information on how to obtain copies of bills, please see the end of this document.

Legislation Enacted This Session

Legislation Awaiting Consideration by Second House

Legislation Awaiting Consideration by First House

Highlights

Open Democracy Bill

As introduced, guarantees a right of access to government information, enables an individual to review and correct personal information about her or himself held by government or private bodies, and protects people who expose corruption (“whistleblowers”) against reprisals. The joint committee considering the bill seems likely to remove the sections on personal information and whistleblowers to separate legislation, while adding a new section to regulate access to privately-held information required for the exercise or protection of any right. The new section is based in part on drafts submitted by the SACC Public Policy Liaison Office. Constitution requires enactment by 4 February 2000.

Administrative Justice Bill

Requires the administrative actions of government officials to be lawful and to follow fair procedures. Requires a public inquiry or public comment period prior to any action likely to have a negative impact on the public. Gives effect to right to written reasons for any action that adversely affects ones rights or interests. The SACC and others have argued that the bill must also combat negligence by public officials. Constitution requires enactment by 4 February 2000.

Promotion of Equality and Prevention of Unfair Discrimination Bill

Outlaws discrimination on any of the grounds listed in section 9(3) of the Constitution. Includes specific sections relating to racial and gender discrimination, as well as to discriminatory practices in various sectors including employment, education, health, land and accommodation, goods and services, etc. Requires relevant ministers to identify positive steps that can be taken to promote equality. The SACC and others have welcomed the bill’s content, but criticised its structure. Constitution requires enactment by 4 February 2000.

Lapsed Legislation

Bills tabled in the last Parliament lapse if they are not explicitly reinstated in the new Parliament. Four bills, including the Open Democracy Bill, were reinstated. The remaining unenacted legislation has now lapsed:

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.