Secretary to the National Assembly explains timeframe for processing bills tabled by the Minister of Finance in the National Assembly
Insession writer Mava Lukani spoke to the Secretary to the National Assembly (NA), Mr Masibulele Xaso, about timeframe within which the Bills that the Minister of Finance tabled in the National Assembly when he delivered the Budget Speech should be processed, timeframe within which the President must assent Bills that are referred to him by Parliament, and amendment or repeal of pre-1994 legislation identified by Parliament as not in line with the current constitutional dispensation.
On legislation tabled by the Minister of Finance during the Budget speech, which includes the Fiscal Framework and Revenue Proposals, the Division of Revenue Bill, and the Appropriation Bill, Mr Xaso said the passage of these bills is regulated by the Money Bills Procedure and Related Matters Act (2009). The act determines that each of these instruments must be considered sequentially by committees and the respective Houses, within a particular timeframe, as follows:
• Fiscal Framework and Revenue Proposals: the Standing Committees on Finance must report to each House within 16 days, or as soon as possible thereafter.
• The Division of Revenue Bill: Parliament must adopt the Bill within 35 days after the Fiscal Framework, or as soon as possible thereafter.
• The Appropriation Bill: Parliament must consider the Bill within four months after the start of the financial year.
On legislation referred to the President for assent, Mr Xaso said Sections 79 and 84 of the Constitution states that when a bill is sent to him for assent, the President must assent to and sign the Bill or, should he have concerns about its constitutionality, refer the Bill back to Parliament. The Constitution does not, however, prescribe specific timeframes by when such actions must be done. To ensure clarity, Parliament is engaging the Presidency with a view to agree on a framework in fulfilling the aforementioned constitutional obligations.
On pre-1994 legislation, Mr Xaso said, during the Fifth Administration, Parliament identified a list of pre-1994 acts that remain on the statue books and which may require amendment or repeal to ensure consistency with the Constitution. A record of this legislation was communicated to the executive in 2020, with the intention that the Minister responsible for administering each act would be identified and Parliament informed accordingly, so that it could press for further action if needed. The matter is still receiving attention.
NA passes Recognition of Customary Marriages Amendment Bill, NCOP amends legislation
The National Assembly (NA) recently passed the Recognition of Customary
Marriages Amendment Bill and the Bill will now be sent to the President for assent.
The primary aim of the Bill is to amend the Recognition of Customary Marriages Act, 1998, by regulating proprietary consequences of customary marriages entered into before commencement of the Act.
The Bill also seeks to bring provisions of the 1998 Act in line with Constitutional Court judgments in Ramuhovhi and Others v President of the Republic of South Africa and Others and Gumede v President of the Republic of South Africa and Others.
These judgments found s7(1) of the Recognition of Customary Marriages Act to be inconsistent with the Constitution and invalid, because the provision limited the right to human dignity and discriminated unfairly against women on the basis of gender and race, ethnic or social origin.
Last year, the National Council of Provinces (NCOP) passed the Bill with amendments and returned it to the NA for concurrence. The NA agreed with these amendments at one of its plenary sessions recently.
The NCOP amends the Electoral Laws Amendment Bill and agrees to restart the process of appointing the National Youth Development Agency Board Members
Meanwhile, during a virtual sitting, the NCOP agreed to the Electoral Laws Amendment Bill with amendments and it will now be sent back to the National Assembly (NA) for further consideration.
The Bill seeks, among other things, to amend three existing election-related laws in preparation for forthcoming local government elections. These laws are the Electoral Commission Act, 1996 (Act No. 51 of 1996) (“Electoral Commission Act”); the Electoral Act, 1998 (Act No. 73 of 1998) (“Electoral Act”); and the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000) (“Local Government: Municipal Electoral Act”).
Bills before Parliament:
1. Customary Initiation Bill [B7D-18 (s76)]
2. Local Govt: Municipal Structures A/B [B19D-18 (s76)] (Plen 16/3)
3. Recognition of Customary Marriages A/B [B12B-19 (s76)] (Plen 2/3)
4. Criminal & Related Matters A/B [B17B-20 (s75)]
5. Correctional Services A/B [B32-20 (s75)] (2nd Rd 9/3)
BILLS THAT ARE INTRODUCED AND TO BE REFERRED
1. Division of Revenue Bill [B3-21 (prop s76)] (2nd Rd 19/3)
2. Appropriation Bill [B4-21 (prop s77)]
BILLS BEFORE NA COMMITTEES
1. Protection of State Information Bill [B6H-2010 (s75)] – Justice (returned)
2. Liquor Products A/B [B10B2016 (s75)] – Agriculture (NHTL)
3. Performers’ Protection A/B [B24B-2016 (s75)] – Trade (returned)
4. Traditional Courts Bill [B1D17 (s76)] - Justice
5. Copyright A/B [B13B-2017 (s75)] – Trade (returned)
6. International Crimes Bill [B37-17 (s75)] – Justice
7. Prevention of Hate Crimes & Hate Speech Bill [B9-18 (s75)] – Justice
8. State Liability A/B [B16-18 (s75)] – Justice
9. SA Reserve Bank A/B [B2618 (s75)] – Finance
10. National Health A/B [B2918 (s76)] – Health
11. Public Finance Management A/B [B41-18 (s76)] – Finance
12. Civil Aviation A/B [B44-18 (s75)] – Transport
13. National Health Insurance Bill [B11-19 (s76)] - Health
14. Economic Regulation of Transport Bill [B1-20 (s76)] - Transport
15. Fiscal Responsibility Bill
[B5-20 (s76)] - Finance
16. National Road Traffic A/B [B7-20 (s76)] - Transport
17. Transport Appeal Tribunal A/B [B8-20 (s76)] – Transport
18. Public Finance Management A/B [B13-20 (s76)] - Finance
19. Employment Equity A/B [B14-20 (s75)] - Labour
20. Financial Sector Laws A/B [B15-20 (s75)] – Finance
21. Criminal Law (Sexual Offences) A/B [B16-20 (s75)] – Justice
22. Children’s A/B [B18-20 (s76)] – Social Development
23. Cannabis for Private Purposes Bill [B19-20 (s75)] – Justice
24. Domestic Violence A/B [B20-20 (s75)] – Justice
25. Compensation for Occupational Injuries A/B [B21-20 (s75)] - Labour
26. Expropriation Bill [B23-20 (s76)] – Public Works (NHTL)
27. Fund-raising A/B [B29-20 (s76)] – Social Development
28. Pension Funds A/B [B3020 (s75)] – Finance
29. Sectional Titles A/B [B3120 (s76)] – Agriculture
30. Agricultural Produce Agents A/B [B33-20 (s76)] – Agriculture
31. Electoral Laws 2nd A/B [B34-20 (s75)] – Home Affairs
32. Animals Protection A/B [B1-21 (s76)] – Agriculture
33. Disaster Management A/B [B2-21 (s76)] – Cogta (NHTL)
34. Special Appropriation Bill [B5-21 (prop s77)] – Appropriations
35. Ease of Doing Business Bill [B6-21 (prop s75)] – Public Service
ON NCOP ORDER PAPER
1. National Gambling A/B [B27B-18 (s76)] (Plen 10/3)
2. Electoral Laws A/B [B22B20 (s75)] (Prop Am’s) (Plen 2/3)
BILLS BEFORE NCOP COMMITTEES
1. National Forests A/B [B11B16 (s76)] – Land
2. National Environmental Management Laws A/B
[B14D-17 (s76)]
3. Local Govt: Municipal Systems A/B [B2B-19 (s76)] - Cogta
4. Auditing Profession A/B
[B2B-20 (s75)] - Finance 5. Upgrading of Land Tenure
Rights A/B [B6B]