Section 75-82 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Section 75-82 Constitution of South Africa 1996

Section 75, 76, 77, 78, 79, 80, 81, and 82 of the Constitution of South Africa 1996 (as amended), among others, are under Chapter 4 of the Constitution. Chapter 4 is titled ‘Parliament‘.

Section 75 Constitution of South Africa 1996

Ordinary Bills not affecting provinces

1. When the National Assembly passes a Bill other than a Bill to which the procedure set out in section 74 or 76 applies, the Bill must be referred to the National Council of Provinces and dealt with in accordance with the following procedure:

a. The Council must ­

i. pass the Bill;

ii. pass the Bill subject to amendments proposed by it; or

iii. reject the Bill.

b. If the Council psses the Bill without proposing amendments, the Bill must be submitted to the President for assent.

c. If the Council rejects the Bill or passes it subject to amendments, the Assembly must reconsider the Bill, taking into account any amendment proposed by the Council, and may ­

i. pass the Bill again, either with or without amendments; or

ii. decide not to proceed with the Bill.

d. A Bill passed by the Assembly in terms of paragraph (c) must be submitted to the President for assent.

2. When the National Council of Provinces votes on a question in terms of this section, section 65 does not apply; instead ­

a. each delegate in a provincial delegation has one vote;

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

See also  Schedule 5 Constitution of South Africa 1996

c. the question is decided by a majority of the votes cast, but if there is an equal number of votes on each side of the question, the delegate presiding must cast a deciding vote.

Section 76 Constitution of South Africa 1996

Ordinary Bills affecting provinces

1. When the National Assembly passes a Bill referred to in subsection (3), (4) or (5), the Bill must be referred to the National Council of Provinces and dealt with in accordance with the following procedure:

a. The Council must ­

i. pass the Bill;

ii. pass an amended Bill; or

iii. reject the Bill.

b. If the Council passes the Bill without amendment, the Bill must be submitted to the President for assent.

c. If the Council passes an amended Bill, the amended Bill must be referred to the Assembly, and if the Assembly passes the amended Bill, it must be submitted to the President for assent.

d. If the Council rejects the Bill, or if the Assembly refuses to pass an amended Bill referred to it in terms of paragraph (c), the Bill and, where applicable, also the amended Bill, must be referred to the Mediation Committee, which may agree on ­

i. the Bill as passed by the Assembly;

ii. the amended Bill as passed by the Council; or

iii. another version of the Bill.

e. If the Mediation Committee is unable to agree within 30 days of the Bill’s referral to it, the Bill lapses unless the Assembly again passes the Bill, but with a supporting vote of at least two thirds of its members.

f. If the Mediation Committee agrees on the Bill as passed by the Assembly, the Bill must be referred to the Council, and if the Council passes the Bill, the Bill must be submitted to the President for assent.

g. If the Mediation Committee agrees on the amended Bill as passed by the Council, the Bill must be referred to the Assembly, and if it is passed by the Assembly, it must be submitted to the President for assent.

h. If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Assembly and the Council, and if it is passed by the Assembly and the Council, it must be submitted to the President for assent.

i. If a Bill referred to the Council in terms of paragraph (f) or (h) is not passed by the Council, the Bill lapses unless the Assembly passes the Bill with a supporting vote of at least two thirds of its members.

j. If a Bill referred to the Assembly in terms of paragraph (g) or (h) is not passed by the Assembly, that Bill lapses, but the Bill as originally passed by the Assembly may again be passed by the Assembly, but with a supporting vote of at least two thirds of its members.

k. A Bill passed by the Assembly in terms of paragraph (e), (i) or (j) must be submitted to the President for assent.

2. When the National Council of Provinces passes a Bill referred to in subsection (3), the Bill must be referred to the National Assembly and dealt with in accordance with the following procedure:

a. The Assembly must ­

i. pass the Bill;

ii. pass an amended Bill; or

iii. reject the Bill.

b. A Bill passed by the Assembly in terms of paragraph (a)(i) must be submitted to the President for assent.

c. If the Assembly passes an amended Bill, the amended Bill must be referred to the Council, and if the Council passes the amended Bill, it must be submitted to the President for assent.

d. If the Assembly rejects the Bill, or if the Council refuses to pass an amended Bill referred to it in terms of paragraph (c), the Bill and, where applicable, also the amended Bill must be referred to the Mediation Committee, which may agree on ­

See also  Section 64-74 Constitution of South Africa 1996

i. the Bill as passed by the Council;

ii. the amended Bill as passed by the Assembly; or

iii. another version of the Bill.

e. If the Mediation Committee is unable to agree within 30 days of the Bill’s referral to it, the Bill lapses.

f. If the Mediation Committee agrees on the Bill as passed by the Council, the Bill must be referred to the Assembly, and if the Assembly passes the Bill, the Bill must be submitted to the President for assent.

g. If the Mediation Committee agrees on the amended Bill as passed by the Assembly, the Bill must be referred to the Council, and if it is passed by the Council, it must be submitted to the President for assent.

h. If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Council and the Assembly, and if it is passed by the Council and the Assembly, it must be submitted to the President for assent.

i. If a Bill referred to the Assembly in terms of paragraph (f) or (h) is not passed by the Assembly, the Bill lapses.

3. A Bill must be dealt with in accordance with the procedure established by either subsection (1) or subsection (2) if it falls within a functional area listed in Schedule 4 or provides for legislation envisaged in any of the following sections:

a. Section 65(2);

b. section 163;

c. section 182;

d. section 195(3) and (4);

e. section 196; and

f. section 197.

4. A Bill must be dealt with in accordance with the procedure established by subsection (1) if it provides for legislation ­

a. envisaged in section 44(2) or 220(3); or

b. envisaged in Chapter 13, and which includes any provision affecting the financial interests of the provincial sphere of government.

[Para. (b) substituted by s. 1 of Act No. 3 of 2003.]

5. A Bill envisaged in section 42(6) must be dealt with in accordance with the procedure established by subsection (1), except that ­

a. when the National Assembly votes on the Bill, the provisions of section 53(1) do not apply; instead, the Bill may be passed only if a majority of the members of the Assembly vote in favour of it; and

b. if the Bill is referred to the Mediation Committee, the following rules apply:

i. If the National Assembly considers a Bill envisaged in subsection (1) (g) or (h), that Bill may be passed only if a majority of the members of the Assembly vote in favour of it.

ii. If the National Assembly considers or reconsiders a Bill envisaged in subsection (1)(e), (i) or (j), that Bill may be passed only if at least two thirds of the members of the Assembly vote in favour of it.

6. This section does not apply to money Bills.

Section 77 Constitution of South Africa 1996

Money Bills

1. A Bill is a money Bill if it –

a. appropriates money;

b. imposes national taxes, levies, duties or surcharges;

c. abolishes or reduces, or grants exemptions from, any national taxes, levies, duties or surcharges; or

d. authorises direct charges against the National Revenue Fund, except a Bill envisaged in section 214 authorising direct charges.

2. A money Bill may not deal with any other matter except –

a. a subordinate matter incidental to the appropriation of money;

b. the imposition, abolition or reduction of national taxes, levies, duties or surcharges;

c. the granting of exemption from national taxes, levies, duties or surcharges; or

d. the authorisation of direct charges against the National Revenue Fund.

3. All money Bills must be considered in accordance with the procedure established by section 75. An Act of Parliament must provide for a procedure to amend money Bills before Parliament.

See also  Section 37 Constitution of South Africa 1996

[S. 77 substituted by s. 2 of Act No. 61 of 2001.]

Section 78 Constitution of South Africa 1996

Mediation Committee

1. The Mediation Committee consists of ­

a. nine members of the National Assembly elected by the Assembly in accordance with a procedure that is prescribed by the rules and orders of the Assembly and results in the representation of parties in substantially the same proportion that the parties are represented in the Assembly; and

b. one delegate from each provincial delegation in the National Council of Provinces, designated by the delegation.

2. The Mediation Committee has agreed on a version of a Bill, or decided a question, when that version, or one side of the question, is supported by ­

a. at least five of the representatives of the National Assembly; and

b. at least five of the representatives of the National Council of Provinces.

Section 79 Constitution of South Africa 1996

Assent to Bills

1. The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration.

2. The joint rules and orders must provide for the procedure for the reconsideration of a Bill by the National Assembly and the participation of the National Council of Provinces in the process.

3. The National Council of Provinces must participate in the reconsideration of a Bill that the President has referred back to the National Assembly if ­

a. the President’s reservations about the constitutionality of the Bill relate to a procedural matter that involves the Council; or

b. section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill.

4. If, after reconsideration, a Bill fully accommodates the President’s reservations, the President must assent to and sign the Bill; if not, the President must either ­

a. assent to and sign the Bill; or

b. refer it to the Constitutional Court for a decision on its constitutionality.

5. If the Constitutional Court decides that the Bill is constitutional, the President must assent to and sign it.

Section 80 Constitution of South Africa 1996

Application by members of National Assembly to Constitutional Court

1. Members of the National Assembly may apply to the Constitutional Court for an order declaring that all or part of an Act of Parliament is unconstitutional.

2. An application ­

a. must be supported by at least one third of the members of the National Assembly; and

b. must be made within 30 days of the date on which the President assented to and signed the Act.

3. The Constitutional Court may order that all or part of an Act that is the subject of an application in terms of subsection (1) has no force until the Court has decided the application if ­

a. the interests of justice require this; and

b. the application has a reasonable prospect of success.

4. If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs.

Section 81 Constitution of South Africa 1996

Publication of Acts

A Bill assented to and signed by the President becomes an Act of Parliament, must be published promptly, and takes effect when published or on a date determined in terms of the Act.

Section 82 Constitution of South Africa 1996

Safekeeping of Acts of Parliament

The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.


See also:

Section 64-74 Constitution of South Africa 1996

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