Road clear for Bill to be introduced
The National Council of Provinces (NCOP) adopted a report yesterday recommending that section 25 of the constitution should be changed to explicitly provide for land expropriation without compensation.
On Tuesday, the National Assembly adopted the same report compiled by the Constitutional Review Committee, with 209 MPs voting for it and 91 opposing.
According to a statement issued by parliament, now the report has been adopted by the NCOP, a Bill may be introduced. This would follow the procedures detailed in section 74 of the constitution and the rules of parliament.
Only the executive, a committee of the National Assembly, or an individual member of the National Assembly can introduce a Constitutional Amendment Bill in the National Assembly. A joint committee, even the Constitutional Review Committee, cannot.
Details of the Bill have to be published in the Government Gazette at least 30 days before it is introduced. This is to allow for public comment. The Bill must also be submitted to the nine provincial legislatures.
When the Bill is introduced, the member of the executive, National Assembly or National Assembly committee introducing it must submit any written comments on it to the National Assembly speaker and the NCOP chairperson. These are tabled in parliamentary papers, which are accessible to the public.
Once introduced, the Bill must be referred to a parliamentary committee of the National Assembly. The committee must consider the Bill according to the general rules for Bills. Public participation (public hearings and submissions) is a key feature of these rules.
The National Assembly can vote on the Bill after at least 30 days from the time it was introduced. For the National Assembly to pass a Bill amending a section of the constitution’s Bill of Rights, at least two-thirds of members must support it.
If this happened, the Bill would go to the NCOP, which would refer it to a relevant council committee and to the provincial legislatures. The NCOP can only pass such a Bill if at least six provinces support it.