Section 53-63 Constitution of South Africa 1996

Section 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, and 63 of the Constitution of South Africa 1996 (as amended), among others, are under Chapter 4 of the Constitution. Chapter 4 is titled ‘Parliament‘.

Section 53 Constitution of South Africa 1996

Decisions

1. Except where the Constitution provides otherwise ­

a. a majority of the members of the National Assembly must be present before a vote may be taken on a Bill or an amendment to a Bill;

b. at least one third of the members must be present before a vote may be taken on any other question before the Assembly; and

c. all questions before the Assembly are decided by a majority of the votes cast.

2. The member of the National Assembly presiding at a meeting of the Assembly has no deliberative vote, but ­

a. must cast a deciding vote when there is an equal number of votes on each side of a question; and

b. may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the Assembly.

Section 54 Constitution of South Africa 1996

Rights of certain Cabinet members and Deputy Ministers in the National Assembly

The President, and any member of the Cabinet or any Deputy Minister who is not a member of the National Assembly, may, subject to the rules and orders of the Assembly, attend and speak in the Assembly, but may not vote.

[S. 54 substituted by s. 3 of Act No. 34 of 2001.]

Section 55 Constitution of South Africa 1996

Powers of National Assembly

1. In exercising its legislative power, the National Assembly may ­

a. consider, pass, amend or reject any legislation before the Assembly; and

b. initiate or prepare legislation, except money Bills.

2. The National Assembly must provide for mechanisms ­

a. to ensure that all executive organs of state in the national sphere of government are accountable to it; and

b. to maintain oversight of ­

i. the exercise of national executive authority, including the implementation of legislation; and

ii. any organ of state.

Section 56 Constitution of South Africa 1996

Evidence or information before National Assembly

The National Assembly or any of its committees may ­

a. summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

b. require any person or institution to report to it;

c. compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and

d. receive petitions, representations or submissions from any interested persons or institutions.

Section 57 Constitution of South Africa 1996

Internal arrangements, proceedings and procedures of National Assembly

1. The National Assembly may ­

a. determine and control its internal arrangements, proceedings and procedures; and

b. make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.

2. The rules and orders of the National Assembly must provide for ­

a. the establishment, composition, powers, functions, procedures and duration of its committees;

b. the participation in the proceedings of the Assembly and its committees of minority parties represented in the Assembly, in a manner consistent with democracy;

c. financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader to perform their functions in the Assembly effectively; and

d. the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition.

Section 58 Constitution of South Africa 1996

Privilege

1. Cabinet members, Deputy Ministers and members of the National Assembly –

a. have freedom of speech in the Assembly and in its committees, subject to its rules and orders; and

b. are not liable to civil or criminal proceedings, arrest, imprisonment or damages for ­

i. anything that they have said in, produced before or submitted to the Assembly or any of its committees; or

ii. anything revealed as a result of anything that they have said in, produced before or submitted to the Assembly or any of its committees.

2. Other privileges and immunities of the National Assembly, Cabinet members and members of the Assembly may be prescribed by national legislation.

3. Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund.

[S.58 amended by s.4 of Act No. 34 of 2001.]

Section 59 Constitution of South Africa 1996

Public access to and involvement in National Assembly

1. The National Assembly must ­

a. facilitate public involvement in the legislative and other processes of the Assembly and its committees; and

b. conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken ­

i. to regulate public access, including access of the media, to the Assembly and its committees; and

ii. to provide for the searching of any person and,where appropriate, the refusal of entry to, or the removal of, any person.

2. The National Assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

National Council of Provinces

Section 60 Constitution of South Africa 1996

Composition of National Council

1. The National Council of Provinces is composed of a single delegation from each province consisting of ten delegates.

2. The ten delegates are ­

a. four special delegates consisting of-

b. the Premier of the province or, if the Premier is not available, any member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and

c. three other special delegates; and

d. six permanent delegates appointed in terms of section 61(2).

3. The Premier of a province, or if the Premier is not available, a member of the province’s delegation designated by the Premier, heads the delegation.

Section 61 Constitution of South Africa 1996

Allocation of delegates

1. Parties represented in a provincial legislature are entitled to delegates in the province’s delegation in accordance with the formula set out in Part B of Schedule 3.

2. A provincial legislature must, within 30 days after the result of an election of that legislature is declared-

i. determine, in accordance with national legislation, how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and

ii. appoint the permanent delegates in accordance with the nominations of the parties.

[Para. (b) omitted by s. 1 of the Constitution Fourteenth Amendment Act of 2008.] 

[Sub-s. 2 amended by s. 1 of Constitution Fourteenth Amendment Act of 2008.]

3. The national legislation envisaged in subsection (2)(a) must ensure the participation of minority parties in both the permanent and special delegates’ components of the delegation in a manner consistent with democracy.

4. The legislature, with the concurrence of the Premier and the leaders of the parties entitled to special delegates in the province’s delegation, must designate special delegates, as required from time to time, from among the members of the legislature.

Section 62 Constitution of South Africa 1996

Permanent delegates

1. A person nominated as a permanent delegate must be eligible to be a member of the provincial legislature.

2. If a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member of the legislature.

3. Permanent delegates are appointed for a term that expires-

a. immediately before the first sitting of the provincial legislature after its next election

[Para. (b) omitted by s. 2 of the Constitution Fourteenth Amendment Act of 2008.]

[Sub-s. (3) amended by s. 2 of Constitution Fourteenth Amendment Act of 2008.]

4. A person ceases to be a permanent delegate if that person ­

a. ceases to be eligible to be a member of the provincial legislature for any reason other than being appointed as a permanent delegate;

b. becomes a member of the Cabinet;

c. has lost the confidence of the provincial legislature and is recalled by the party that nominated that person;

d. ceases to be a member of the party that nominated that person and is recalled by that party; or

e. is absent from the National Council of Provinces without permission in circumstances for which the rules and orders of the Council prescribe loss of office as a permanent delegate.

5. Vacancies among the permanent delegates must be filled in terms of national legislation.

6. Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Section 63 Constitution of South Africa 1996

Sittings of National Council

1. The National Council of Provinces may determine the time and duration of its sittings and its recess periods.

2. The President may summon the National Council of Provinces to an extraordinary sitting at any time to conduct special business.

3. Sittings of the National Council of Provinces are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Council.

See also:

Section 40-41 Constitution of South Africa 1996

Section 42-52 Constitution of South Africa 1996