Section 64-74 Constitution of South Africa 1996

Section 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74 and 75 of the Constitution of South Africa 1996 (as amended), among others, are under Chapter 4 of the Constitution. Chapter 4 is titled ‘Parliament‘.

Section 64 Constitution of South Africa 1996

Chairperson and Deputy Chairpersons

1. The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.

2. The Chairperson and one of the Deputy Chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier.

3. The other Deputy Chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn.

4. The Chief Justice must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.

[Sub-s. (4) substituted by s. 5 of Act No. 34 of 2001.]

5. The procedure set out in Part A of Schedule 3 applies to the election of the Chairperson and the Deputy Chairpersons.

6. The National Council of Provinces may remove the Chairperson or a Deputy Chairperson from office.

7. In terms of its rules and orders, the National Council of Provinces may elect from among the delegates other presiding officers to assist the Chairperson and Deputy Chairpersons.

Section 65 Constitution of South Africa 1996

Decisions

1. Except where the Constitution provides otherwise ­

a. each province has one vote, which is cast on behalf of the province by the head of its delegation; and

b. all questions before the National Council of Provinces are agreed when at least five provinces vote in favour of the question.

2. An Act of Parliament, enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf.

Section 66 Constitution of South Africa 1996

Participation by members of national executive

1. Cabinet members and Deputy Ministers may attend, and may speak in, the National Council of Provinces, but may not vote.

2. The National Council of Provinces may require a Cabinet member, a Deputy Minister or an official in the national executive or a provincial executive to attend a meeting of the Council or a committee of the Council.

Section 67 Constitution of South Africa 1996

Participation by local government representatives

Not more than ten part-time representatives designated by organised local government in terms of section 163, to represent the different categories of municipalities, may participate when necessary in the proceedings of the National Council of Provinces, but may not vote.

Section 68 Constitution of South Africa 1996

Powers of National Council

In exercising its legislative power, the National Council of Provinces may ­

a. consider, pass, amend, propose amendments to or reject any legislation before the Council, in accordance with this Chapter; and

b. initiate or prepare legislation falling within a functional area listed in Schedule 4 or other legislation referred to in section 76(3), but may not initiate or prepare money Bills.

Section 69 Constitution of South Africa 1996

Evidence or information before National Council

The National Council of Provinces 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 institution or person 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 70 Constitution of South Africa 1996

Internal arrangements, proceedings and procedures of National Council

1. The National Council of Provinces 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 Council of Provinces must provide for ­

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

b. the participation of all the provinces in its proceedings in a manner consistent with democracy; and

c. the participation in the proceedings of the Council and its committees of minority parties represented in the Council, in a manner consistent with democracy, whenever a matter is to be decided in accordance with section 75.

Section 71 Constitution of South Africa 1996

Privilege

1. Delegates to the National Council of Provinces and the persons referred to in sections 66 and 67 ­

a. have freedom of speech in the Council 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 Council 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 Council or any of its committees.

2. Other privileges and immunities of the National Council of Provinces, delegates to the Council and persons referred to in sections 66 and 67 may be prescribed by national legislation.

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

Section 72 Constitution of South Africa 1996

Public access to and involvement in National Council

1. The National Council of Provinces must ­

a. facilitate public involvement in the legislative and other processes of the Council 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 Council 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 Council of Provinces 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.

Section 73 Constitution of South Africa 1996

All Bills

1. Any Bill may be introduced in the National Assembly.

2. Only a Cabinet member or a Deputy Minister, or a member or committee of the National Assembly, may introduce a Bill in the Assembly; but only the Cabinet member responsible for national financial matters may introduce the following Bills in the Assembly:

a. a Money Bill; or

b. a Bill which provides for legislation envisaged in section 214.

[Sub-s. (2) substituted by s. 1 (a) of Act No. 61 of 2001.]

3. A Bill referred to in section 76 (3), except a Bill referred to in subsection (2) (a) or (b) of this section, may be introduced in the National Council of Provinces.

[Sub-s. (3) substituted by s. 1 (b) of Act No. 61 of 2001.]

4. Only a member or committee of the National Council of Provinces may introduce a Bill in the Council.

5. A Bill passed by the National Assembly must be referred to the National Council of Provinces if it must be considered by the Council. A Bill passed by the Council must be referred to the Assembly.

Section 74 Constitution of South Africa 1996

Bills amending the Constitution

1. Section 1 and this subsection may be amended by a Bill passed by –

a. the National Assembly, with a supporting vote of at least 75 per cent of its members; and

b. the National Council of Provinces, with a supporting vote of at least six provinces.

2. Chapter 2 may be amended by a Bill passed by ­

a. the National Assembly, with a supporting vote of at least two thirds of its members; and

b. the National Council of Provinces, with a supporting vote of at least six provinces.

3. Any other provision of the Constitution may be amended by a Bill passed ­

a. by the National Assembly, with a supporting vote of at least two thirds of its members; and

b. also by the National Council of Provinces, with a supporting vote of at least six provinces, if the amendment ­

i. relates to a matter that affects the Council;

ii. alters provincial boundaries, powers, functions or institutions; or

iii. amends a provision that deals specifically with a provincial matter.

4. A Bill amending the Constitution may not include provisions other than constitutional amendments and matters connected with the amendments.

5. At least 30 days before a Bill amending the Constitution is introduced in terms of section 73(2), the person or committee intending to introduce the Bill must ­

a. publish in the national Government Gazette , and in accordance with the rules and orders of the National Assembly, particulars of the proposed amendment for public comment;

b. submit, in accordance with the rules and orders of the Assembly, those particulars to the provincial legislatures for their views; and

c. submit, in accordance with the rules and orders of the National Council of Provinces, those particulars to the Council for a public debate, if the proposed amendment is not an amendment that is required to be passed by the Council.

6. When a Bill amending the Constitution is introduced, the person or committee introducing the Bill must submit any written comments received from the public and the provincial legislatures ­

a. to the Speaker for tabling in the National Assembly; and

b. in respect of amendments referred to in subsection (1), (2) or (3)(b), to the Chairperson of the National Council of Provinces for tabling in the Council.

7. A Bill amending the Constitution may not be put to the vote in the National Assembly within 30 days of ­

a. its introduction, if the Assembly is sitting when the Bill is introduced; or

b. its tabling in the Assembly, if the Assembly is in recess when the Bill is introduced.

8. If a Bill referred to in subsection (3)(b), or any part of the Bill, concerns only a specific province or provinces, the National Council of Provinces may not pass the Bill or the relevant part unless it has been approved by the legislature or legislatures of the province or provinces concerned.

9. A Bill amending the Constitution that has been passed by the National Assembly and, where applicable, by the National Council of Provinces, must be referred to the President for assent.