Once a Bylaw Is Amended Can It Be Amended Again After a Period of Time

Legislation

The Legislative Process

i.      General

The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996)("the Constitution"), is the supreme police force of the Republic of S Africa and provides, among others, how the iii branches of Regime, namely the Legislature (Parliament, provincial legislatures and municipal councils), the Executive Say-so and the Judicial Authority should conduct their business organization. Affiliate four of the Constitution sets out the national legislative procedure and determines that Parliament is the national legislature (lawmaking body) of the Democracy. Both Houses of Parliament, namely the National Assembly and the National Council of Provinces (NCOP), play a function in this process.

ii.       Legislative authority

two.1        Parliament, as the national legislature, has legislative authority (the power to make laws) in the national sphere of authorities. Consequently, Parliament has the power to laissez passer new laws, to amend existing laws, and to repeal old laws. The same power is exercised by Provincial legislatures in the provincial sphere of government in respect of provincial laws, and by municipal councils in the local sphere of government in respect of municipal past-laws.

two.2        Schedules four and five to the Constitution provide a listing of functional areas in which Parliament and the Provincial legislatures are competent to make laws. Schedule 4 lists those functional areas in which Parliament and the Provincial legislatures jointly have the power to brand laws (for case matters relating to agriculture, consumer protection, wellness, housing, public transport and regional planning and development). Schedule five lists the functional areas in which the Provincial legislatures may brand laws (for example matters relating to provincial planning, liquor licensing, provincial roads and traffic and provincial sport). Municipal Councils may make and administer past-laws for the administration of local authorities matters listed in Part B of Schedule four (for instance building regulations, municipal health services and trading regulations) and Part B of Schedule 5 (for example control of public nuisances, fencing and fences, local amenities and street trading) to the Constitution.

iii.       The lawmaking process

3.1        Preparing draft legislation:
Parliament, as the national legislature, considers typhoon pieces of legislation in order to practise its power to make laws. A typhoon slice of legislation (chosen a Bill) must formally be submitted to Parliament before Parliament tin can consider making information technology a police force. Most Bills are prepared by government departments under the direction of their Ministers or Deputy Ministers. The grooming of a Bill involves a number of steps, for instance the investigation and evaluation of the legislative proposals (which can either be proposed amendments to existing legislation or proposed new legislation) and consultation with interested parties.

3.ii        Cabinet approval:
The next step is for the relevant government department to submit a Chiffonier memorandum and draft Bill (containing the legislative proposals that are supported) to the Minister in guild to obtain Cabinet approving for the introduction of the Neb in Parliament.

3.3        Function of Country Law Directorate:
After Chiffonier has approved the introduction of a Bill in Parliament the relevant Minister must submit a copy of the draft Bill to the Speaker of the National Associates and the Chairperson of the National Council of Provinces. All the same, before a Bill can be formally submitted to Parliament the State Law Directorate must exist approached to certify the draft Nib. The function of the Land Law Directorate in this regard is to ensure that a draft Neb is in line with the existing law and the provisions of the Constitution. If the State Law Advisers are satisfied that the Bill is technically correct and its provisions are legally audio they approve the Bill (chosen the certification of a Bill). The relevant Neb is so ready to be formally submitted to Parliament.

3.4        Introduction of Bill in Parliament:

3.4.1    Submitting a Bill to Parliament is better known as the introduction of a Bill in Parliament. Although any Pecker may exist introduced in the National Assembly, merely certain Bills may be introduced in the National Council of Provinces. Just a Chiffonier member (Minister), a Deputy Government minister, a Committee or an private Member of the National Associates may introduce a Neb in the Assembly, and only a Committee or an private Member of the NCOP may introduce a Bill in the Quango.

3.four.2    At least thirty days before a Constitution Amendment Bill is introduced in Parliament, information technology must be published in the Gazette for public comment and submitted to the Provincial legislatures for their views. Furthermore, a Constitution Amendment Neb must as well exist submitted to the NCOP for a public debate if the Bill is not a Nib that is required to be passed past the NCOP. Comments from the public and the Provincial legislatures must be tabled together with the Neb. All other Bills may be introduced in Parliament but after prior observe of the introduction of the Bill has been given in the Gazette, which find must be accompanied by an explanatory summary of the Bill. If the Bill itself (instead of an explanatory summary thereof) is published in the Gazette, the notice must incorporate an invitation to interested persons to submit written representations on the Bill to the Secretary of Parliament .

iii.4.iii    The Constitution distinguishes between four categories of Bills, namely—

• section 74 Bills   – Bills amending the Constitution;
• section 75 Bills   – ordinary Bills not affecting the provinces;
• section 76 Bills   – ordinary Bills affecting the provinces; and
• section 77 Bills   – money Bills (that is Bills that deal with appropriations, taxes, levies or duties).

The Constitution also prescribes the Parliamentary processes through which each of these categories of Bills must become before they can be passed by Parliament and go law (an Act of Parliament).

3.iv.4    The kickoff important stride, after a Neb has been introduced, is for the relevant Neb to exist referred to the Joint Tagging Mechanism ("JTM") for classification into i of the above categories. If a Bill does not clearly fit into one category, or if it fits into more than one category, it is usually redrafted or dissever into more than i Nib.

three.4.v    The next step in the Parliamentary process is for the Bill to exist referred to the relevant Portfolio Committee for consideration. If there is keen public interest in a Bill, the Portfolio Committee may organise public hearings to let interested parties to submit written comments and sometimes make oral representations on the provisions of the Bill. The members of the relevant Portfolio Committee are then tasked with considering and debating the Bill in order to determine whether they are satisfied with the provisions of the Neb. If the Portfolio Committee is not satisfied with the provisions of the Bill, the Bill is amended to reverberate the version which the Portfolio Committee prefers. At the determination of its work the Portfolio Committee submits the Bill, together with a report, to the National Assembly for fence (called the second reading contend) and a vote. If the National Assembly passes the Bill, information technology is referred to the NCOP for its consideration.

3.5        Department 74 Beak:
A Constitution Amendment Bill which aims to affect changes to the basic values of the Constitution requires a supporting vote of at to the lowest degree 75% of the members of the National Associates and of at to the lowest degree vi provinces in the NCOP in gild to be passed. Proposed changes to the Nib of Rights require a supporting vote of at to the lowest degree 2-thirds of the members of the Assembly and of at least six provinces in the NCOP in order to be passed. If a Constitution Amendment Pecker affects the NCOP; or changes the boundaries, powers, functions or institutions of a province; or apology a provision specifically dealing with a provincial matter, such a Bill requires a supporting vote of at least two thirds of the members of the Assembly and of at least vi provinces in club to exist passed; whatsoever other proposed subpoena of the Constitution only requires a supporting vote of at to the lowest degree two-thirds of the members of the National Assembly in order to be passed. If a Constitution Amendment Bill affects specific provinces, the NCOP may not pass the Bill unless it has been canonical by the relevant Provincial legislatures.

3.6        Section 75 Bill:
One time an ordinary Nib that does not bear upon the provinces has been passed by the National Associates, it is referred to the NCOP. The Council must laissez passer the Bill, pass the Bill subject to amendments proposed past the Council or reject the Bill. If the Council passes the Bill without proposed amendments, the Nib must exist submitted to the President for assent. If the NCOP passes a Neb subject to proposed amendments or if the NCOP rejects a Bill, it goes dorsum to the National Assembly. The National Associates must then reconsider the Bill past taking whatsoever amendments proposed by the NCOP into account and may pass the Bill again (with or without the NCOP proposed amendments) or may decide non to proceed with the Neb. A Pecker that has been passed by the National Assembly must then be submitted to the President for assent.

3.vii        Section 76 Nib:
In one case an ordinary Nib that affects the provinces has been passed by the National Assembly, it must be referred to the NCOP. The Quango must pass the Bill, laissez passer an amended Bill or reject the Beak. A section 76 Bill must, if it was passed past the Council without any amendment, exist submitted to the President for assent. If the Council passes an amended Bill it goes dorsum to the National Assembly and if the National Associates passes the amended Bill, it must then be submitted to the President for assent. If the Council rejects a Bill or if the National Assembly refuses to pass the NCOP amended version of the Pecker, the matter must be referred to the Mediation Committee. If the Commission is unable to secure an agreement on a section 76 Neb introduced in the National Assembly within thirty days, the Pecker may be passed by the National Assembly with a two-thirds majority. If the Committee is unable to secure an agreement on a Bill that was introduced in the NCOP the Neb lapses.

3.8        Section 77 Pecker:
A money Bill (Bills that deal with appropriations, taxes, levies or duties) must be introduced in Parliament past the Government minister of Finance. All money Bills must exist considered in accordance with the process established by section 75 of the Constitution.

4. Signing a Bill into law

4.1        A Bill is referred to the President later it has passed through the National Assembly and NCOP. The Constitution requires that the President must assent to and sign a Bill. Nevertheless, if the President has reservations about the constitutionality (whether the provisions of a Neb are in line with the Constitution or not) of a Bill, he or she may refer it back to the National Assembly for reconsideration. If the Nib affects the provinces, the NCOP must participate in the reconsideration of the relevant Bill. If a reconsidered Pecker accommodates the President'south reservations, the President must assent to and sign the Pecker. Nonetheless, if a reconsidered Bill does non fully accommodate the President's reservations, the President must either assent to and sign the Bill or refer information technology to the Constitutional Court for a decision on its constitutionality. If the Ramble Courtroom decides the Bill is constitutional, the President must sign information technology.

4.two        A Bill that has been assented to and signed by the President becomes an Act of Parliament and must be published shortly thereafter in the Gazette. An Act takes effect (becomes bounden on everyone) when it is published in the Gazette or on a date adamant in terms of the Act. Sometimes an Act may require certain actions to be taken by the Department before it can exist implemented, for instance subordinate legislation (regulations, determinations, rules etc) may accept to be prepared and promulgated to farther regulate aspects in terms of an Act. In such instances an Act contains a provision that provides that the Act comes into operation on a date determined by the President by announcement in the Gazette. Once the necessary actions have been finalised, the President is approached and requested to put the Act into operation on a sure date. After the President has assented to the implementation of the Act, a proclamation is published in the Gazette and the Act comes into operation on a date adamant in the proclamation.

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i. This summary provides a cursory exposition of the legislative process and should not exist regarded as a comprehensive explanation of the relevant process as provided for in sections 73 to 82 of the Constitution of the Republic of South Africa, 1996 (Human action 108 of 1996), and the relevant Rules of Parliament.

Developed by the Branch: Legislative and Ramble Development, 2004

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Source: https://www.justice.gov.za/legislation/legprocess.htm

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