RULES GOVERNING RULES GOVERNING PRIVATE MEMBERS’ PRIVATE MEMBERS’

LEGISLATIVE LEGISLATIVE PROPOSALSPROPOSALS

Presentation by NA Table to Committee on Private Members’ Presentation by NA Table to Committee on Private Members’ Legislative Proposals and Special PetitionsLegislative Proposals and Special Petitions

INTRODUCTIONINTRODUCTION

► There’s a need to distinguish between a private member’s There’s a need to distinguish between a private member’s billbill and a private and a private

member’s member’s legislative proposallegislative proposal..

► A “private member’s legislative proposal” is, as the term implies, only a A “private member’s legislative proposal” is, as the term implies, only a proposed proposed

billbill..

► As the processes prior to formal introduction differ, the Assembly Rules and Joint As the processes prior to formal introduction differ, the Assembly Rules and Joint

Rules applicable to bills do not apply to a legislative proposal.Rules applicable to bills do not apply to a legislative proposal.

► A legislative proposal becomes a bill only at the point where it is formally introduced A legislative proposal becomes a bill only at the point where it is formally introduced

in the Assembly as a bill. From that point on, the rules applicable to bills apply.in the Assembly as a bill. From that point on, the rules applicable to bills apply.

► Today’s discussion concerns the processing of a legislative proposal before it Today’s discussion concerns the processing of a legislative proposal before it

achieves the status of a bill.achieves the status of a bill.

APPLICABLE RULESAPPLICABLE RULES

► Section 73(2) of the Constitution makes provision for a committee or member Section 73(2) of the Constitution makes provision for a committee or member

to introduce to introduce any bill other than a money billany bill other than a money bill in the National Assembly. in the National Assembly.

► This provision is repeated in Rule 230 which states that any committee or This provision is repeated in Rule 230 which states that any committee or

member may introduce a bill in the Assembly, provided that the committee member may introduce a bill in the Assembly, provided that the committee

or member initiating the bill is acting withor member initiating the bill is acting with the permission of the Assemblythe permission of the Assembly..

► Rules 234 to 237 then cover the initiation and processing of a legislative Rules 234 to 237 then cover the initiation and processing of a legislative

proposal before its introduction as a bill.proposal before its introduction as a bill.

► Rules 209 to 213 describe the committee that is specifically tasked with Rules 209 to 213 describe the committee that is specifically tasked with

considering legislative proposals.considering legislative proposals.

FORMAT AND SUBMISSIONFORMAT AND SUBMISSION

► A member intending to introduce a bill must A member intending to introduce a bill must first seek the permission of first seek the permission of

the Housethe House to do so. (Rule 230(1)) to do so. (Rule 230(1))

► To achieve this, the member must To achieve this, the member must submit to the Speaker a memorandumsubmit to the Speaker a memorandum

which – which –

sets out the particulars of the proposed legislation;sets out the particulars of the proposed legislation;

explains the objects of the proposed legislation; andexplains the objects of the proposed legislation; and

states whether it will have financial implications for the state and, if so, whether states whether it will have financial implications for the state and, if so, whether

that may be a determining factor when the proposal is considered.that may be a determining factor when the proposal is considered.

► The legislative proposal therefore The legislative proposal therefore does not need to be in bill formdoes not need to be in bill form. It can be . It can be

in the form of a memorandum, for example - :in the form of a memorandum, for example - :

► When the Speaker receives a request from a member seeking the When the Speaker receives a request from a member seeking the

permission of the House to introduce a bill, she will satisfy herself that the permission of the House to introduce a bill, she will satisfy herself that the

legislative proposal (whether in memorandum or bill form) complies with legislative proposal (whether in memorandum or bill form) complies with

Rule 234(1), viz that – Rule 234(1), viz that –

it sets out the particulars of the proposed legislation;it sets out the particulars of the proposed legislation;

it explains the objects of the proposed legislation; andit explains the objects of the proposed legislation; and

it states whether there will be financial implications for the state.it states whether there will be financial implications for the state.

► The Speaker does not express herself on the desirability of the proposed The Speaker does not express herself on the desirability of the proposed

bill, nor does she or her office conduct a legal scan to determine whether bill, nor does she or her office conduct a legal scan to determine whether

the proposed legislation already exists in the Statute Book.the proposed legislation already exists in the Statute Book.

ROLE OF THE SPEAKERROLE OF THE SPEAKER

► In terms of Rule 235(3), if after consultation with the relevant portfolio In terms of Rule 235(3), if after consultation with the relevant portfolio

committee, the Committee is of the opinion that the legislative proposal being committee, the Committee is of the opinion that the legislative proposal being

considered warrants further investigation but that it may have financial considered warrants further investigation but that it may have financial

implications for the state that may be significant enough to affect its implications for the state that may be significant enough to affect its

desirability, the Committee must desirability, the Committee must request the Speaker to referrequest the Speaker to refer the the

memorandum to the appropriate portfolio committee for a report on the memorandum to the appropriate portfolio committee for a report on the

financial implications of the proposal.financial implications of the proposal.

► Following this formal route will facilitate the work of the Committee, as a Following this formal route will facilitate the work of the Committee, as a

request from the Speaker will compel the relevant portfolio committee to request from the Speaker will compel the relevant portfolio committee to

respond promptly and allow the Committee to report timeously.respond promptly and allow the Committee to report timeously.

► Once the Committee has tabled its report and the member’s memorandum, Once the Committee has tabled its report and the member’s memorandum,

the Speaker must place them on the Order Paper for a decisionthe Speaker must place them on the Order Paper for a decision. In terms of . In terms of

the rules, therefore, the House the rules, therefore, the House mustmust express itself on the matter. express itself on the matter.

TABLING AND REFERRALTABLING AND REFERRAL

► In terms of the rules, once the Speaker has satisfied herself that the In terms of the rules, once the Speaker has satisfied herself that the

legislative proposal is in order, she then legislative proposal is in order, she then mustmust - -

tabletable the memorandum in the Assembly; and the memorandum in the Assembly; and

referrefer the memorandum to the Committee on Private Members’ Legislative Proposals the memorandum to the Committee on Private Members’ Legislative Proposals

and Special Petitions.and Special Petitions.

► The notice of the tabling and referral of the memorandum is published in the The notice of the tabling and referral of the memorandum is published in the

Announcements, Tabling and Committee Reports (ATC).Announcements, Tabling and Committee Reports (ATC).

► Once it has been tabled and referred, the memorandum and any Once it has been tabled and referred, the memorandum and any

accompanying documents are sent to the Committee on Members’ Legislative accompanying documents are sent to the Committee on Members’ Legislative

Proposals and Special Petitions for processing. Proposals and Special Petitions for processing.

PROCESSING BY COMMITTEEPROCESSING BY COMMITTEE

► The Committee The Committee mustmust consider and make recommendations on consider and make recommendations on allall legislative legislative

proposals made by Assembly members intending to introduce bills. (Rule 211)proposals made by Assembly members intending to introduce bills. (Rule 211)

► The Committee The Committee mustmust then recommend to the House that - then recommend to the House that -

permission be given to the member permission be given to the member to proceedto proceed with the proposed legislation; or with the proposed legislation; or

permission permission be refusedbe refused. (Rule 235(4)). (Rule 235(4))

► If the Committee recommends that permission be given to proceed, it If the Committee recommends that permission be given to proceed, it maymay – –

express itself on the desirability of the principle;express itself on the desirability of the principle;

recommend that the proposal be approved in principle; orrecommend that the proposal be approved in principle; or

recommend that permission be given subject to conditions. (Rule 235(5))recommend that permission be given subject to conditions. (Rule 235(5))

IMPLICATIONS OF RULES ON IMPLICATIONS OF RULES ON PROCESSINGPROCESSING

► As a legislative proposal can be in the form of a memorandum, the Committee As a legislative proposal can be in the form of a memorandum, the Committee

is not required to consider the proposal in the same manner that a portfolio is not required to consider the proposal in the same manner that a portfolio

committee would consider a bill. Such detailed consideration will follow when committee would consider a bill. Such detailed consideration will follow when

the bill is formally introduced after the member has been given permission by the bill is formally introduced after the member has been given permission by

the Assembly to proceed.the Assembly to proceed.

► The Committee is required to carry out The Committee is required to carry out only an initial screeningonly an initial screening of the proposal, of the proposal,

essentially to avoid time and money being spent by the Assembly on an essentially to avoid time and money being spent by the Assembly on an

unrealistic proposal.unrealistic proposal.

► Criteria therefore need to be establishedCriteria therefore need to be established by which to assess a proposal. These by which to assess a proposal. These

should be based on precedents and practice as they develop.should be based on precedents and practice as they develop.

► The Committee is required to consult the relevant portfolio committee. (Rule 235(2))The Committee is required to consult the relevant portfolio committee. (Rule 235(2))

► This could be to obtain an informed view of the feasibility of the proposal in the context This could be to obtain an informed view of the feasibility of the proposal in the context

of the relevant department’s statutes, policies and plans. (This consultation does not of the relevant department’s statutes, policies and plans. (This consultation does not

mean that the Committee should be unreasonably delayed in its consideration of a mean that the Committee should be unreasonably delayed in its consideration of a

proposal if no response is forthcoming from the portfolio committee.)proposal if no response is forthcoming from the portfolio committee.)

► Though the Committee may express itself on the desirability of the principle of a Though the Committee may express itself on the desirability of the principle of a

proposal, that is proposal, that is not its primary responsibilitynot its primary responsibility. The issue of desirability would therefore, . The issue of desirability would therefore,

in itself, in itself, not provide grounds for recommending rejectionnot provide grounds for recommending rejection. That would be a matter for . That would be a matter for

consideration by the relevant portfolio committee after the bill is formally introduced.consideration by the relevant portfolio committee after the bill is formally introduced.

► It would therefore also follow that the Committee would It would therefore also follow that the Committee would not hold public hearingsnot hold public hearings on the on the

legislative proposal. Furthermore, the Committee is not given the powers that portfolio legislative proposal. Furthermore, the Committee is not given the powers that portfolio

committees have in respect of bills, namely to approve, reject, amend or redraft.committees have in respect of bills, namely to approve, reject, amend or redraft.

COMMITTEE REPORT AND COMMITTEE REPORT AND CONSIDERATION BY HOUSECONSIDERATION BY HOUSE

► Once the Committee has finalised its deliberations, the Committee must table Once the Committee has finalised its deliberations, the Committee must table

the member’s memorandum the member’s memorandum andand its recommendation, including any views of its recommendation, including any views of

the relevant portfolio committee on the financial or other implications of the the relevant portfolio committee on the financial or other implications of the

proposal. (Rule 236(1))proposal. (Rule 236(1))

► After the Speaker has placed the report on the Order Paper of the House for After the Speaker has placed the report on the Order Paper of the House for

consideration, the House may – consideration, the House may –

give permission for the proposal to be proceeded with;give permission for the proposal to be proceeded with;

refer the proposal back to the Committee or the portfolio committee concerned for a refer the proposal back to the Committee or the portfolio committee concerned for a

further report; orfurther report; or

refuse permission. (Rule 236(3))refuse permission. (Rule 236(3))

► If the Assembly gives permission for the proposal to be proceeded with, it If the Assembly gives permission for the proposal to be proceeded with, it

maymay, if it so chooses – , if it so chooses –

express itself on the desirability of the proposal; orexpress itself on the desirability of the proposal; or

subject its permission to conditions. (Rule 236(4))subject its permission to conditions. (Rule 236(4))

CONCLUSIONCONCLUSION

It follows from the above that the Committee on Private Members’ Legislative It follows from the above that the Committee on Private Members’ Legislative

Proposals and Special Petitions is, in the main, a technically oriented Proposals and Special Petitions is, in the main, a technically oriented

committee that facilitates the work of the House by speedily and timeously committee that facilitates the work of the House by speedily and timeously

recommending to the House, in accordance with specific criteria and rules, recommending to the House, in accordance with specific criteria and rules,

whether or not to grant permission to a member to introduce a bill.whether or not to grant permission to a member to introduce a bill.