Legislative Power

Introduction

Legislative power in South Africa is vested in Parliament, which consists of the National Assembly and the National Council of Provinces (NCOP). Chapter 4 of the Constitution (sections 42 to 82) establishes Parliament and governs the legislative process. Parliament is the highest legislative authority in the Republic, subject only to the Constitution.

The National Assembly

The National Assembly consists of between 350 and 400 members elected by proportional representation. The Assembly is elected for a five-year term. The Assembly elects the President, passes legislation, scrutinises the executive, and holds the government accountable. The Leader of Government Business coordinates the legislative programme.

Powers and Functions

The National Assembly may consider, pass, amend, or reject legislation. It exercises oversight over the executive through portfolio committees, questions to ministers, and debates. The Assembly may remove the President by impeachment or motion of no confidence. The Assembly also approves treaties and exercises other powers assigned by the Constitution.

The National Council of Provinces

The NCOP consists of 54 permanent delegates (six from each province) and 36 special delegates (the Premier and three other delegates per province). The NCOP represents the provinces in the national legislative process and ensures that provincial interests are considered. Each province has one vote in the NCOP, cast by the head of its delegation.

Role in Legislation

The NCOP’s role in legislation depends on the type of Bill. Section 75 Bills (not affecting provinces) require NCOP approval but may proceed without it if the Mediation Committee cannot resolve differences. Section 76 Bills (affecting provinces) require NCOP approval, with each province voting. The NCOP may propose amendments.

The Legislative Process

Bills may be introduced in either House, except for money Bills and Bills affecting provinces. The legislative process involves introduction, committee consideration, debate, votes, and referral to the other House. After both Houses have passed the Bill, it is sent to the President for assent. The President may refer the Bill back to Parliament or to the Constitutional Court for a decision on constitutionality.

Conclusion

Legislative power in South Africa is exercised by a bicameral Parliament that balances national and provincial interests. The National Assembly provides democratic representation, while the NCOP ensures provincial participation. The legislative process is designed to ensure thorough consideration of legislation and to protect the Constitution’s supremacy.