PBL: CHAPTER 11 – THE NATIONAL LEGISLATIVE AUTHORITY: PARLIAMENT
• *Legislative authority is the power granted to certain organs of state to enact,
amend, and repeal rules of law, to debate and discuss issues of public importance,
and to scrutinize and oversee executive function
• S40(1) of consti expressly provides for 3 spheres of gov: the gov shall be structured
at national, provincial, and local levels
• *S43 of the consti lays out the legislative authority of the Republic
o Legislative authority (LA) of national sphere is vested in parliament (as set out
in S44)
o LA of provincial sphere is vested in provincial legislatures (S104)
o LA of local sphere is vested in the municipal councils (S156)
• The spheres of LA are hierarchical. Highest LA is vested in parliament. Parli is the
organ of national law-making power for the whole country
* Background / historical development of the institution of ‘parliament’
• The word ‘parliament’ originates from the Latin word ‘parliamentum’ which means
‘to speak’
• Parliament, as an institution, took on its modern form thru development within
British CL
• Representation is an essential element of a democratic system (gov of the ppl, by the
ppl, for the ppl)
• Principles of representation incorporates the right to vote, regular elections,
electoral system, right to form a political party
• S1 of the consti: the principle of representative and responsible gov are confirmed as
underlying values of SA and are given effect in numerous provisions of the consti
Functions and composition of parliament
*Functions of a modern parliament: (RCRJL)
• Representative function
o Parli represents the ppl of the state
o Parli constitutes a channel of communication between central gov and the
citizens
• Control
o Parli exercises control over the executive
• Regulation of conflict
o Parli must address conflict between diff groups within the national legislature
• Judicial + admin
o Parli must discipline and punish members of parli
• Legislative function
o Consideration of legislative proposals (Bills)
o Debating
o Amending and approving the Bill submitted by the executive or individual
members
9
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,*The composition of the SA parliament
• Parliament is divided into 2 houses
o National Assembly (NA) – lower house (constitutional assembly)
o National Council of Provinces (NCoP) – upper house (senate)
• S42(1) of consti: parliament = NA + NCoP
• Having more than one house provides for better representation, alleviates
parliaments workload, and results in thorough consideration of matters
*Function of National Assembly (NA)
• S42(3) of consti: summarizes the key role of the NA in the decision-making process
and lays out the functions of the NA
o Represent the people
o Ensure gov by the people under the consti
o choose the president
o Provide a forum for public consideration of issues
o Pass legi
o Oversee and control executive action (look at Nkandla case)
*Function of National Council of Provinces (NCoP)
• S42(4) of consti: lays out the functions of the NCoP:
o Represent the provinces in parliament
o Ensure provincial interests are taken into account in the national sphere
o Participate in national legislative process
o Provide forum for public consideration of issues affecting the provinces
*Composition of National Assembly (NA):
• S46 of the consti and the Electoral Act regulate the composition and election of
the NA
• NA consists of no less than 350 and no more than 400 members (men and
women elected in terms of an electoral system)
• The electoral system must:
o Be prescribed by national legi (Electoral Act, 1998)
o Be based on national common voters roll
o Provide for a min voting age of 18 years
o Result in proportional representation
• Schedule 3 of the Electoral Act provides a formula for determining the number of
members of the NA
• E.g. party X secures 54% of the votes during the national election. Acc to S46(1)
of the consti, there are 400 seats available in the NA. This means that party X has
to fill 54% of the available seats. -> 54% x 400 = 216 seats.
• When you vote, you get 2 ballot papers. The first ballot paper is where you vote
for the political party that you want to represent you in the NA. the second ballot
paper is where you elect the members that will represent you proportionally in
the provincial legislature for your province
10
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, *Composition of the National Council of Provinces (NCoP)
• S60 and S61 of consti regulate the composition of the NCoP (read with Schedule 3
part B)
• The NCoP is composed of a single delegation from each province. The delegation
from each province consists of 10 people. There are 9 provinces. There are 90
members/seats in the NCoP
• 9 provinces x 10 delegates = 90 members
• The 10 delegates comprise of:
o 4 special delegates
§ Premier (premier heads the delegation) and 3 special delegates
§ Purpose of special delegates: involve the provincial executives in the
activities of the NCoP, and improve direct involvement of provinces in
the national decision-making process
o 6 permanent delegates that are designated by each provincial legislature on a
proportional basis
• After elections, the provincial legislature is composed. After the PL is composed, the
specific province sends a single delegation to the NCoP
• NCoP replaced the senate under the interim consti (senate/upper house/house of
lords)
• NA replaced the constitutional assembly under the interim consti
Powers of parliament (powers conferred on NA and NCoP)
• *National legislative authority (LA) is vested in parliament (S44(1)). Even tho Parli is
the highest LA in SA, parli is subject to the consti (S2) (the supreme law)
• *The authority of parliament can be restricted in 2 ways:
o (1) when parli is subjected to a BoR
o (2) when legislative powers are distributed between parli and other
legislatures
o The SA consti provides for both ^ (a BoR and a distribution of powers)
• Parli derives all its legislative powers from S44 of the consti
o S44(1) distinguishes between the legislative powers of the 2 houses of parli
11
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• *Legislative authority is the power granted to certain organs of state to enact,
amend, and repeal rules of law, to debate and discuss issues of public importance,
and to scrutinize and oversee executive function
• S40(1) of consti expressly provides for 3 spheres of gov: the gov shall be structured
at national, provincial, and local levels
• *S43 of the consti lays out the legislative authority of the Republic
o Legislative authority (LA) of national sphere is vested in parliament (as set out
in S44)
o LA of provincial sphere is vested in provincial legislatures (S104)
o LA of local sphere is vested in the municipal councils (S156)
• The spheres of LA are hierarchical. Highest LA is vested in parliament. Parli is the
organ of national law-making power for the whole country
* Background / historical development of the institution of ‘parliament’
• The word ‘parliament’ originates from the Latin word ‘parliamentum’ which means
‘to speak’
• Parliament, as an institution, took on its modern form thru development within
British CL
• Representation is an essential element of a democratic system (gov of the ppl, by the
ppl, for the ppl)
• Principles of representation incorporates the right to vote, regular elections,
electoral system, right to form a political party
• S1 of the consti: the principle of representative and responsible gov are confirmed as
underlying values of SA and are given effect in numerous provisions of the consti
Functions and composition of parliament
*Functions of a modern parliament: (RCRJL)
• Representative function
o Parli represents the ppl of the state
o Parli constitutes a channel of communication between central gov and the
citizens
• Control
o Parli exercises control over the executive
• Regulation of conflict
o Parli must address conflict between diff groups within the national legislature
• Judicial + admin
o Parli must discipline and punish members of parli
• Legislative function
o Consideration of legislative proposals (Bills)
o Debating
o Amending and approving the Bill submitted by the executive or individual
members
9
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
,*The composition of the SA parliament
• Parliament is divided into 2 houses
o National Assembly (NA) – lower house (constitutional assembly)
o National Council of Provinces (NCoP) – upper house (senate)
• S42(1) of consti: parliament = NA + NCoP
• Having more than one house provides for better representation, alleviates
parliaments workload, and results in thorough consideration of matters
*Function of National Assembly (NA)
• S42(3) of consti: summarizes the key role of the NA in the decision-making process
and lays out the functions of the NA
o Represent the people
o Ensure gov by the people under the consti
o choose the president
o Provide a forum for public consideration of issues
o Pass legi
o Oversee and control executive action (look at Nkandla case)
*Function of National Council of Provinces (NCoP)
• S42(4) of consti: lays out the functions of the NCoP:
o Represent the provinces in parliament
o Ensure provincial interests are taken into account in the national sphere
o Participate in national legislative process
o Provide forum for public consideration of issues affecting the provinces
*Composition of National Assembly (NA):
• S46 of the consti and the Electoral Act regulate the composition and election of
the NA
• NA consists of no less than 350 and no more than 400 members (men and
women elected in terms of an electoral system)
• The electoral system must:
o Be prescribed by national legi (Electoral Act, 1998)
o Be based on national common voters roll
o Provide for a min voting age of 18 years
o Result in proportional representation
• Schedule 3 of the Electoral Act provides a formula for determining the number of
members of the NA
• E.g. party X secures 54% of the votes during the national election. Acc to S46(1)
of the consti, there are 400 seats available in the NA. This means that party X has
to fill 54% of the available seats. -> 54% x 400 = 216 seats.
• When you vote, you get 2 ballot papers. The first ballot paper is where you vote
for the political party that you want to represent you in the NA. the second ballot
paper is where you elect the members that will represent you proportionally in
the provincial legislature for your province
10
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
, *Composition of the National Council of Provinces (NCoP)
• S60 and S61 of consti regulate the composition of the NCoP (read with Schedule 3
part B)
• The NCoP is composed of a single delegation from each province. The delegation
from each province consists of 10 people. There are 9 provinces. There are 90
members/seats in the NCoP
• 9 provinces x 10 delegates = 90 members
• The 10 delegates comprise of:
o 4 special delegates
§ Premier (premier heads the delegation) and 3 special delegates
§ Purpose of special delegates: involve the provincial executives in the
activities of the NCoP, and improve direct involvement of provinces in
the national decision-making process
o 6 permanent delegates that are designated by each provincial legislature on a
proportional basis
• After elections, the provincial legislature is composed. After the PL is composed, the
specific province sends a single delegation to the NCoP
• NCoP replaced the senate under the interim consti (senate/upper house/house of
lords)
• NA replaced the constitutional assembly under the interim consti
Powers of parliament (powers conferred on NA and NCoP)
• *National legislative authority (LA) is vested in parliament (S44(1)). Even tho Parli is
the highest LA in SA, parli is subject to the consti (S2) (the supreme law)
• *The authority of parliament can be restricted in 2 ways:
o (1) when parli is subjected to a BoR
o (2) when legislative powers are distributed between parli and other
legislatures
o The SA consti provides for both ^ (a BoR and a distribution of powers)
• Parli derives all its legislative powers from S44 of the consti
o S44(1) distinguishes between the legislative powers of the 2 houses of parli
11
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