Adoption of Amendments to Joint Rules

Joint Rules

24 March 1999

Meeting Summary

A summary of this committee meeting is not yet available.

Meeting report

JOINT RULES COMMITTEE
JOINT RULES COMMITTEE

24 March1999

ADOPTION OF AMENDMENTS TO JOINT RULES
Documents handed out:

Joint Rules as adopted: 24 March 1999 (Appendix 1)

Report of the Joint Sub-Committee on Delegated Legislation to the Joint Rules Committee, 24 March 1999 (Appendix 2)

Report of Joint Subcommittee on Members' Support for Parliamentary Term, 1994-1999 (Appendix 3)

Report on Joint Subcommittee on Internal Arrangements to Joint Rules Committee

plus Artworks Lending Policy (Appendix 4)

Report of the Budget Sub-Committee to the Joint Rules Committee, 24 March 1999 (Appendix 5)

Co-Chairpersons: Ms F Ginwala and Mr P Lekota.

SUMMARY

The Joint Rules of Parliament were presented to the Committee and adopted. Reports from the various other sub-committees were presented. According to the Deputy-Speaker of Parliament, an art-lending policy will have to be formalised by the next session of Parliament. Huge budget restraints were highlighted by the Sub-committee on the Parliamentary Budget which is limiting information technology development in Parliament.

MINUTES

Only one amendment was made to the minutes of 16 February 1999 with regard to computer ownership. Speaker Ginwala explained that Parliament had the right to do with computers as it wished and that this should be expressed clearly in the previous minutes.

Mr. De Lange (ANC) gave an overview of the proposed amendments to the Joint Rules of Parliament. Some of the problems encountered with the Joint Rules were the functioning of the Joint Tagging Mechanism and how policy decisions would be made by the committees during recess.

Overview of the amendments to the Joint Rules:

Chapter 1: Rules 2-6 were new.

Chapter 2: No amendments were made.

Chapter 3: General principles were created, which are applicable to committees and subcommittees.

Rule 15: Joint committees

The implications of this rule allows for Joint Committees to provide oversight, also for the creation of the Joint Subcommittee on Intelligence and the Joint Committee on the Quality of Life and Status of Women.

Rules 15,16&17 were described as clearly setting the parameters on accountability

Rule 23: Chairpersons

Ms Pandor (ANC - NCOP) noted that Rule 23 allows for Co-Chairpersons to act on behalf of the Committee. The NCOP believes that the Co-Chair must report back to the Committee on any steps taken in the name of the Committee.

De Lange stated that he did not object to this statement and that "subject to the directions of the Committee" should be added to this clause.

Ms Ginwala pointed out that the Joint Standing on Intelligence is not a parliamentary committee and therefore not subject to Parliament. She asked whether a separate category should be created for this type of committee.

De Lange emphasised the fact that Parliament had made provision for such a committee to deal with Intelligence matters. Rule 199(1) in the Constitution was specifically utilised as a guideline. Mr. De Lange accepted the fact that this issue might need to be revisited in the future. Support was given by other members to accept the rule as is and the matter was left at this point.

Rule 47: Admission of public

This rule would make provision for the Rules Committee to draft guidelines.

Rule 62: Policy matters requiring decision during recess

This rule had changed. Mr. De Lange pointed out that in the last meeting much discussion took place around the mechanism for decision-making during recess.

A suggestion was made to combine committees in order to reach decisions more quickly. De Lange stated that he believed that it actually placed time restraints on the committees and that committees should not necessarily be combined.

Regarding this rule, Ms Pandor suggested that decisions made by the Chair/Co-Chair without the Committee’s knowledge should be published within three days. Mr De Lange agreed.

Ms Pandor proposed that Rule 61 be redrafted into two clear subclasses.

Rule 72.1(a): The suggestion to add "training for members" was proposed and accepted.

Part 9: Joint committees on Bills

This section includes Section 76 Bills and contains no changes.

Part 10: Committees on security services

Mr. De Lange commented that due to a lack of suggestions from members on this specific section, the Committee had had to draft something on their own. A suggestion made in this section was to ensure an overview of the security services yearly (specifically by May each year).

Committee members then debated the difference between the terminology "overview" and "review". Mr. Moosa believed they held the same meaning.

Other committee members were not happy with this response. However Mr. De Lange acknowledged their concern but added that all what was wanted with this suggestion was to accommodate an oversight of the security forces.

Part 11: In this section, no changes were made.

Part 12: Joint Committee on the Quality of Life and Status of Women.

This Committee was created specifically by a joint resolution of both houses.

Part 15-17: No substantial changes.

Chapter 4:

Mr. De Lange pointed out the clause, Steps prior to introduction of Bills, in Part 1 of Chapter 4 which allows all (draft) bills that come before Cabinet to be (presented to) the NA, NCOP as well as the provinces. This would hopefully improve the speed of the decision-making processes.

Rule 220: Language requirements for Bills

This is a new rule. According to Mr. De Lange, there were problems raised in Parliament pertaining to the fact that the President would be signing bills in Afrikaans, instead of English. In future, when a Bill should come to Parliament, the official text would have to be chosen.

Rule 223(3): Tabling of motion to approve stopping of funds [to provinces]

It was the concern of the NNP that no debates were allowed on the stoppage of funds. Adv Grove explained that such a motion would first be sent to the Joint Committee to decide and then to the House.

Ms Pandor, who had to take over the Chair from Mr Lekota thanked Mr De Lange and the Joint Subcommittee for their work. The Joint Rules dated 24 March 1999 were adopted.

Report on the Joint Subcommittee on Internal Arrangements

With regard to the issue of the symbols of Parliament, a new Coat of Arms was under investigation. The issue would be finalised by the next Parliamentary sitting.

The other issue mentioned was the development of a lending policy for Parliamentary artworks. Furthermore expertise would be necessary in future to assess the value of the art in Parliament’s possession.

Report on the Joint Subcommittee on the Parliamentary Budget

Concern about the implications of budget cuts were expressed. A suggestion was made for State Expenditure to fund the IT needs of Parliament "once off" (R22 million).

Report on the Joint Committee on Parliamentary Support

Although a lack of recommendations were evident (recommendations had been requested by the Committee), the report was noted as a working document and the aspects related to training agreed to.

The rest of the meeting was not minuted.

Appendix 1: Joint Rules as adopted: 24 March 1999

Joint Rules of Parliament: 24 March 1999

Click here for the Rules of the National Assembly

Click here for the Rules of the National Council of Provinces

The Joint Rules Committee, having considered proposed amendments to the Joint Rules presented by the Joint Subcommittee on the Review of the Joint Rules, reports as follows:

(1) the Joint Rules require amendment to achieve consistency with the proposed amendments to the Rules of the National Assembly and the Rules of the National Council of Provinces;

(2) certain outstanding issues have now been resolved and incorporated into the Joint Rules;

(3) the Joint Rules Committee accordingly recommends that the Joint Rules dated 24 March 1999 be adopted; and

(4) on adoption these Joint Rules will replace the Joint Rules dated 19 November 1997.

JOINT RULES OF PARLIAMENT

(As approved by the Joint Rules Committee)

24 March 1998

CHAPTER 1

INTERPRETATION AND APPLICATION

Interpretation

1. (1) In the Joint Rules, unless the context indicates otherwise-

"Assembly" means the National Assembly;

"ATC" means the document entitled "Announcements, Tablings and Committee Reports";

"classification", with reference to a Bill, means the classification of a Bill in terms of joint rule l60(6) or the reclassification of a Bill in terms of joint rule 163, and "classify" and "classified" have a corresponding meaning;

"constitution amendment Bill" means a Bill to which section 74 of the Constitution applies;

"Council" means the National Council of Provinces;

"document" means any written instrument, and includes any electronic or other device in or on which information, including visual material, is recorded, stored or kept;

"JTM" means the Joint Tagging Mechanism established by joint rule 151;

"member", with reference to —

(a) the Assembly, means a member of the Assembly; and

(b) the Council, means a permanent or special delegate to the Council, and "permanent member" and "special member" have a corresponding meaning;

"mixed section 75/76 Bill" means a Bill that contains provisions to which section 75 of the Constitution applies and provisions to which section 76 applies;

"money Bill" means a Bill that appropriates money or imposes taxes, levies or duties and to which section 77 of the Constitution applies;

"person in charge", with reference to a Bill, means the person in charge of the Bill in terms of the Assembly or Council rules, as the case may be;

"recess", with reference to -

(a) a House, means a period determined as a recess by the Programme Committee of the House, or by resolution of the House, during which the business of the House is interrupted; or

(b) both Houses, means a period determined as a recess by the Joint Programme Committee, or by resolutions adopted in the Houses, during which the business of both Houses is interrupted;

"remitted Bill" means a Bill which the President, on account of reservations about its constitutionality, has in terms of section 79 of the Constitution referred back to the Assembly for reconsideration;

"Secretary" means the Secretary to Parliament;

"section 75 Bill" means a Bill to which the procedure prescribed in section 75 of the Constitution applies, and includes a money Bill;

"section 76 Bill" means a Bill to which the procedure prescribed in section 76 of the Constitution applies;

"section 76(1) Bill" means a section 76 Bill introduced in the Assembly;

"section 76(2) Bill" means a section 76 Bill introduced in the Council;

"working day" means any day of the week except —

(a) Saturday and Sunday; and

(b) a public holiday in terms of the Public Holidays Act, 1994 (Act 36 of 1994), and, if such a public holiday falls on a Sunday, also the Monday.

(2) A reference in the Joint Rules to the Speaker or Chairperson of the Council must be read as a reference also to the Deputy Speaker or the permanent Deputy Chairperson of the Council, as the case may be, if —

(a) the Speaker or the Chairperson is absent;

(b) there is a vacancy in the office of the Speaker or the Chairperson; or

(c) the Speaker or the Chairperson is not available to perform a function or exercise a power conferred on the Speaker or Chairperson in terms of the Joint Rules.

Unforeseen matters

2. (1) The Speaker and the Chairperson of the Council, acting jointly, may give a ruling or make a rule in respect of any matter for which the Joint Rules do not provide.

(2) A rule made by the Speaker and the Chairperson of the Council, acting jointly, remains in force until a meeting of the Joint Rules Committee has decided on it.

Suspension

3. (1) The Assembly and the Council, by resolution in each House, may dispose with or suspend a provision of the Joint Rules for a specific period or purpose.

(2) The suspension of any provision is limited in its operation to the particular purpose for which the suspension has been approved.

Non-diminution or non-limitation of Rules

4. No convention or rule of practice limits or inhibits any provision of the Joint Rules.

Application of joint Rules to non-members

5. When a Cabinet member who is not a member of the Assembly or the Council, participates in the proceedings of the joint business of the Houses, the Joint Rules, unless clearly inappropriate, apply to that Cabinet member as they apply to a member of the Assembly or the Council.

Public participation

6. (1) Members of the public may participate in the joint business of the Houses by -

(a) attending joint sittings of the Houses or meetings of joint committees;

(b) responding to public or specific invitations—

(i) to comment in writing on Bills or other matters before a joint committee; or

(ii) to give evidence or to make representations or recommendations before joint committees on such Bills or other matters, either in person or through a representative.

(2) Public participation in terms of subrule (1) is subject to, and must be exercised in accordance with, the applicable provisions of theJoint Rules.

CHAPTER 2

JOINT SITTINGS OF THE HOUSES

Calling of joint sittings

7. (1) The President may call a joint sitting of the Houses when it is necessary

for —

(a) the President to deliver the annual or a special address to Parliament; or

(b) a purpose mentioned in section 42 (5) or 203 of the Constitution.

(2) The Speaker and the Chairperson of the Council, acting jointly, may call a

joint sitting of the Houses when necessary.

Venue

8. Joint sittings are held in the Chamber of the Assembly.

Day and time

9. The date and time of a joint sitting must be made known to the members of the Assembly and the Council -

(a) by placing it on the Order Papers of the Houses;

(b) by way of an announcement by the officer presiding at a sitting of a House; or

(c) by giving notice to the members in a way determined by the Speaker and the Chairperson of the Council for their respective Houses.

Presiding officer

10. Either the Speaker or the Chairperson of the Council, by arrangement between

them, presides at a joint sitting.

Relief of presiding officer

11. An Assembly or Council member must take the Chair whenever requested to do

so by the Speaker or the Chairperson of the Council while presiding at a joint sitting.

Discipline

12. When the Houses sit jointly -

(a) the Assembly Rules on discipline remain applicable to an Assembly member; and

(b) the Council Rules on discipline remain applicable to a Council member.

Procedure

13. (1) An Assembly or Council member, other than the officer presiding at a joint sitting, may not speak at the sitting -

(a) unless invited to do so by the presiding officer; or

(b) without having obtained the permission of the Speaker and the Chairperson of the Council before the meeting.

(2) No vote or decision may be taken by or in a joint sitting.

Public access

14. (1) Joint sittings are open to the public, including the media.

(2) The Assembly Rules concerning access of the public to the Chamber of the Assembly apply to a joint sitting, except that the Speaker must consult the Chairperson of the Council when exercising the powers assigned to the Speaker in those rules.

CHAPTER 3

JOINT COMMITTEE SYSTEM

Part 1: Introduction

Joint committees

15. (l) The Assembly and the Council have the following joint committees:

(a) Committees established by or in terms of the Joint Rules:

(i) the Joint Rules Committee established by joint rule 53;

(ii) the Joint Programme Committee established by joint rule 90;

(iii) the Constitutional Review Committee established by joint rule 97;

(iv) the Mediation Committee established by section 78 of the Constitution and referred to in joint rule 104;

(v) the Joint Committee on Ethics and Members' Interests established by joint rule 121;

(vi) the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women established by joint rule 128;

(vii) the Joint Monitoring Committee on Reconstruction and Development established by joint rule 133;

(viii) any joint committees that may be established in terms of joint rule 111 to consider and report on Bills; and

(ix) any ad hoc joint committees that may be established in terms of joint rule 138.

(b) Committees established in terms of legislation:

(1) The Joint Standing Committee on Intelligence mentioned in joint rule 120; and

(ii) the Joint Committee on Oversight of Security Matters established by joint rule 117.

(2) Other joint committees may be established to deal with any other matters affecting both Houses but only in terms of joint rule 142.

(3) If a proposal to establish a joint committee is contained in draft legislation before a portfolio committee, a select committee or a joint committee referred to in joint rule 111, that committee must first refer the proposal to the Joint Rules Committee for a report and recommendation before that committee considers the proposal.

Subcommittees

16. (1) A joint committee —

(a) has such subcommittees as are established by the Joint Rules; and

(b) may appoint a subcommittee only when —

(i) there is provision for such appointment in the Joint Rules; or

(ii) authorised by the Joint Rules Committee or by resolutions adopted in the Assembly and the Council.

(2) Subrule (1) does not prevent a joint committee from assigning a task to one

or more of its members for a purely internal or administrative purpose.

(3) If a proposal to establish a joint subcommittee is contained in draft legislation before a portfolio committee, a select committee or a joint committee referred to in joint rule 111, that committee must first refer the proposal to the Joint Rules Committee for a report and recommendation before that committee considers the proposal.

Application of Rules to committees and subcommittees established in terms of legislation

17. The Joint Rules also apply to a joint committee or joint subcommittee established in terms of legislation, and in such application the committee or subcommittee must be regarded as having been established in terms of these Rules.

Part 2: Rules applicable to joint committees generally

Application of this Part

18. The provisions of this Part apply to all joint committees established by or in terms of the Joint Rules except in so far as any of these provisions is inconsistent with —

(a) another provision of the Joint Rules applicable in a specific case; or

(b) a resolution adopted in both Houses.

Composition

19. (1) Except where the Joint Rules prescribe the composition of a joint committee—

(a) parties are entitled to be represented in the Assembly component of joint committees in substantially the same proportion as the proportion in which they are represented in the Assembly; and

(b) provinces are entitled to equal representation in the Council component of joint committees.

(2) Subrule (1)(a) only applies if the number of members in the Assembly

component of the joint committee allows for all parties to be represented.

Appointment procedures

20. (1) Except where the Joint Rules provide for the appointment of the members of a joint committee in a specific case —

(a) the Speaker appoints the members of the Assembly component of a joint committee after consulting —

(i) the Chief Whip of the majority party in the Assembly, when a member representing the majority party is appointed; or

(ii) the most senior whip of a minority party in the Assembly, when a member representing that particular party is appointed; and

(b) the Chairperson of the Council appoints the members of the Council component of a

joint committee after consulting the head of a provincial delegation, when a member

representing that delegation is appointed.

(2) The names of the members appointed must be announced in the ATC without

delay.

Alternates

21. (1) Alternates may be appointed for one or more specific members of a joint committee in accordance with the same procedure prescribed for committee members in terms of joint rule 20.

(3) An alternate acts as a member when the member for which the alternate was

appointed —

(a) is absent; or

(b) has vacated office, until the vacancy is filled.

Term of office

22. (1) Members of a joint committee and alternates for members are appointed until the Assembly's term expires or the Assembly is dissolved, whichever occurs first.

(2) A member of a joint committee ceases to be a member and an alternate for a

member ceases to be an alternate —

(a) if a whip of the party to which that member or alternate belongs —

(i) in the case of an Assembly member, gives notice to the Speaker, in writing, that the member or alternate is to be replaced or withdrawn; or

(ii) in the case of a Council member representing a party in a committee, gives notice to the Chairperson of the Council , in writing, that the member or alternate is to be replaced or withdrawn; or

(b) if a whip of the provincial delegation to which that member or alternate belongs, in the case

of a Council member representing a province in a committee, gives notice to the

Chairperson of the Council, in writing, that the member or alternate is to be replaced or

withdrawn.

Chairpersons

23. (1) If a joint committee has co-chairpersons, the co-chairpersons must co-chair meetings of the committee except when one of them takes the chair by agreement between them. If a committee has a single chairperson, that person must chair meetings of the committee.

(2) The co-chairpersons or the chairperson of a joint committee, as the case may be -

(a) may act in any matter on behalf of and in the best interest of the committee when it is not practical to arrange a meeting of the committee to discuss that matter, if that matter concerns —

(i) a request by a person to give evidence or make oral representations to the committee;

(ii) any other request to the committee; and

(iii) the initiation of any steps or decisions necessary for the committee to perform its functions or exercise its powers; and

(b) perform the functions, tasks and duties and exercise the powers that the committee, resolutions adopted by both the Assembly and the Council or legislation may assign to the co-chairpersons.

(3) The co-chairpersons or chairperson of a joint committee must report to the

committee on any steps taken in terms of subrule (2).

(4) (a) If a joint committee has a single chairperson, the chairperson, in the

event of an equality of votes on any question before the committee, must exercise a casting

vote in addition to the chairperson's vote as a member.

(b) If a joint committee consists of House components and decides questions before it by way of agreement between the majorities in the respective components, the co-chairperson of the committee appointed from a component, in the event of an equality of votes on any question before the component, must exercise a casting vote in addition to that person's vote as a member.

(5) The co-chairpersons or the chairperson of a joint committee, as the case may be,

perform the functions set out in subrules (1) and (2) subject to the other provisions of the Joint Rules and the directions of the committee.

Acting chairpersons

24. (1) If a joint committee has co-chairpersons and one of the co-chairpersons is absent or unable to perform the functions of co-chairperson, the relevant component of the committee may elect another of its members as acting co-chairperson to perform the functions and exercise the powers of that co-chairperson.

(2) If a joint committee has a single chairperson and that chairperson is absent or unable to perform the functions of the chairperson, the deputy chairperson acts as chairperson to perform the functions and exercise the powers of the chairperson.

First meetings

25. (1) The Secretary must call a meeting of a joint committee within five working days after the names of the committee members have been announced in the ATC.

(2) If both or either of the Houses are in recess the Secretary must notify the

members of the committee, the Chief Whip of the majority party and the most senior whip of each of the other parties in the Assembly and the Chief Whip of, and the delegation whips in, the Council, of the time and place of the meeting at least 14 days before the meeting.

Meetings

26. (1) Joint committees meet whenever necessary and as determined in accordance with the Joint Rules and the decisions, directives and guidelines of the Joint Programme Committee.

(2) A meeting of a joint committee may be called in terms of subrule (1) by -

(a) the chairperson or co-chairpersons of the joint committee; or

(b) the Joint Rules Committee.

(3) If one of the co-chairpersons of a joint committee is not available, the

other co-chairperson may call a meeting of the committee.

Matters relating to quorum and decisions

27. (1) A joint committee may proceed with business irrespective of the number of members present.

(2) When a joint committee has to decide a question and the number of members

present is insufficient for a decision to be taken, the member or members presiding may either suspend business until a sufficient number of members is present, or adjourn the meeting.

(3) If a joint committee consists of House components and decides questions before it by way of agreement between the majorities in the respective components subrule (2) applies also to such a component when the number of members in that component who are present at the meeting, is insufficient for a decision to be taken by the component.

Co-option when members and alternates not available

28. If a member of a joint committee and that member's alternate are both absent from a meeting of the committee, the chairperson or co-chairpersons may co-opt any other Assembly or Council member, as may be appropriate, to act as a member of the committee until that committee member or the alternate member is no longer absent.

Interruption suspension or adjournment

29. The member or members presiding at a meeting of a joint committee may interrupt or

suspend the proceedings or adjourn the meeting, and may change the date for the resumption of business.

Charges against members

30. If any information charging an Assembly or Council member comes before a joint committee, the committee may not proceed upon that information, but must report it without delay to the Speaker or the Chairperson of the Council, as may be appropriate.

Reporting to Houses

31. (1) A joint committee must report to both Houses on a matter referred to the

committee-

(a) when the Houses are to decide the matter in terms of -

(i) the Joint Rules;

(ii) the respective House Rules;

(iii) a resolution adopted in both Houses; or

(iv) legislation;

(b) if the committee has taken a decision on the matter, whether or not the Houses are to decide the matter as contemplated in paragraph (a); or

(2) A joint committee must report to both Houses on —

(a) all other decisions taken by it, except those decisions concerning its internal business; and

(b) its activities at least once per year.

(3) A report of a joint committee -

(a) must be submitted to a House by the co-chairperson of the committee who is a member of that House, or by another member of the committee who is a member of that House and designated by the committee; and

(b) may request that that co-chairperson, or another member of the committee who is a member of the relevant House and designated by the committee, introduces or explains the report in the House.

(4) A joint committee may not submit a minority report except where provided for

in these Rules.

(5) If a joint committee reports on a matter other than a matter mentioned in subrule (1) (a) and is of the view that its report, or a specific matter mentioned in the report, should be considered by the Houses, it may make a request to that effect in the report.

General powers

32. (1) For the purposes of performing its functions a joint committee may, subject to the Constitution, legislation, the other provisions of the Joint Rules and resolutions of the

Houses —

(a) summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

(b) receive petitions, representations or submissions from interested persons or institutions;

(d) permit oral evidence, including evidence on petitions, representations and submissions;

(e) determine its own procedure;

(f) meet at a venue determined by it, which may be a venue beyond the seat of Parliament;

(g) meet on any day and at any time, including-

(i) on a day which is not a working day;

(ii) on a day on which a House or both Houses are not sitting;

(iii) at a time when a House or both Houses are sitting; or

(iv) during a recess of a House or both Houses; and

(i) exercise any other powers assigned to it by the Constitution, legislation, the other provisions of the Joint Rules or resolutions adopted in both Houses.

(2) No joint committee may —

(a) initiate legislation for introduction in a House; or

(b) consider legislation in the legislative process except when expressly empowered to do so.

Conferring powers

33. (1) A joint committee may confer with any other joint committee or with a committee of either House.

(2) Joint committees must confer —

(a) if a resolution adopted in both Houses instructs them to confer; or

(b) during a recess of both or any of the Houses, if the Speaker and the Chairperson of the Council, acting jointly and with the concurrence of the Chief Whip of the majority party in the Assembly and the Chief Whip of the Council, instruct them to confer.

(3) When joint committees meet to confer the respective chairpersons or co-

chairpersons of the committees co-chair the meeting except when one of them takes the Chair by agreement between them.

Part 3: Rules applicable to joint subcommittees generally

Application of this Part

34. The provisions of this Part apply to all joint subcommittees established by or in terms of the Joint Rules except in so far as any of these provisions is inconsistent with —

(a) another provision of the Joint Rules applicable in a specific case; or

(b) a resolution adopted in both Houses.

General rules

35. (1) A joint subcommittee established by or in terms of the Joint Rules —

(a) is accountable to its parent committee;

(b) must carry out its task and responsibilities within a policy framework determined by its parent committee and in accordance with the Joint Rules and any directives, guidelines or regulations issued by the parent committee;

(d) may determine its own procedure, subject to the Joint Rules, any directives of the parent committee or resolutions adopted in both Houses; and

(e) may only make recommendations to its parent committee; and

(f) must report to the its parent committee regularly or when requested by the parent committee.

(2) The parent committee of a joint subcommittee —

(a) must appoint the members of the subcommittee from among its members;

(b) may, if appropriate, determine a period within which the subcommittee must complete its task;

(c) must determine the extent, nature and form of the subcommittee's reports to the committee, and time limit for the submission of a report;

(d) may delegate any of its powers to the subcommittee necessary for the subcommittee to perform its task; and

(e) may instruct the subcommittee to perform any of its functions.

Alternates

36. (1) A parent committee may appoint alternates from among its members for one or more specific members of a joint subcommittee.

(2) An alternate acts as a member when the member for which the alternate was

appointed —

(a) is absent; or

(b) has vacated office, until the vacancy is filled.

Term of office

37. (1) The members of a joint subcommittee established by a provision of the Joint Rules and any alternates for those members, are appointed until the Assembly's term expires or the Assembly is dissolved, whichever occurs first.

(2) A joint subcommittee established by a joint committee in terms of a provision of the

Joint Rules ceases to exist —

(a) when it has completed the task for which it was established; or

(b) if it is dissolved by the parent committee earlier.

(3) A member of a joint subcommittee ceases to be a member and an alternate for a member ceases to be an alternate if that member ceases to be a member of the parent committee.

Chairpersons

38. (1) If a joint subcommittee has co-chairpersons, the co-chairpersons must co-chair meetings of the subcommittee except when one of them takes the chair by agreement between them. If a subcommittee has a single chairperson, that person must chair meetings of the subcommittee.

(2) The co-chairpersons or the chairperson of a joint subcommittee, as the case may be -

(a) may act in any matter on behalf of and in the best interest of the subcommittee when it is not practical to arrange a meeting of the subcommittee to discuss that matter, if that matter concerns —

(i) a request by a person to give evidence or make oral representations to the subcommittee;

(ii) any other request to the subcommittee; and

(iii) the initiation of any steps or decisions necessary for the subcommittee to perform its functions or exercise its powers; and

(b) performs the functions, tasks and duties and exercises the powers that the parent committee, a resolution adopted in both Houses or legislation may assign to the co-chairpersons.

(3) The co-chairpersons or chairperson of a joint subcommittee must report to the committee on any steps taken in terms of subrule (2).

(4) The co-chairpersons or the chairperson of a joint subcommittee, as the case may be, perform the functions set out in subrules (1) and (2) subject to the other provisions of the Joint Rules and the directions of the parent committee.

Acting chairpersons

39. (1) If a joint subcommittee has co-chairpersons and one of the co-chairpersons is absent or unable to perform the functions of co-chairperson, the relevant component of the subcommittee may elect another of its members as acting co-chairperson to perform the functions and exercise the powers of that co-chairperson.

(2) If a joint subcommittee has a single chairperson and that chairperson is absent or unable to perform the functions of the chairperson, the deputy chairperson acts as chairperson to perform the functions and exercise the powers of the chairperson.

Meetings

40. (1) Joint subcommittees meet whenever necessary and as determined in accordance with the Joint Rules and the decisions, directives and guidelines of the Programme Committee.

(2) A meeting of a joint subcommittee may be called in terms of subrule (1) by -

(a) the co-chairpersons of the subcommittee;

(b) the parent committee; or

Matters relating to quorum

41. A joint subcommittee may proceed with business irrespective of the number of members present.

Decisions

42. (1) A question before a joint subcommittee consisting of House components, is decided by consensus between the two components and within each component.

(2) If consensus cannot be reached all views in the joint subcommittee on the question must be reported to the parent committee.

General powers of joint subcommittees

43. A joint subcommittee has the powers listed in rule 32 only when assigned to it in terms of the Joint Rules or a resolution adopted in both Houses.

Part 4: Rules applicable to both joint committees and joint subcommittees generally

Application of this Part

44. The provisions of this Part apply to all joint committees and joint subcommittees established by or in terms of the Joint Rules except in so far as any of these provisions is inconsistent with —

(a) another provision of the Joint Rules applicable in a specific case; or

(b) a resolution adopted in both Houses.

Unusual meetings of committees and subcommittees

45. (1) A joint committee or subcommittee may sit on a day which is not a working day, or at a venue beyond the seat of Parliament, or during a recess of both or any of the Houses, or at a time when both or any of the Houses is sitting, but only with the permission of the Chief Whip of the majority party in the Assembly and the Chief Whip of the majority party in the Council.

(2) If a joint committee or subcommittee applies to the Chief Whips to sit on a day

which is not a working day, or at a venue beyond the seat of Parliament, the Chief Whips may give their permission in terms of subrule (1) only after having consulted the Speaker and the Chairperson of the Council.

Persons appearing before joint committees and subcommittees

46. Any person, including counsel and attorneys, appearing before a joint committee or subcommittee must observe the directions and conform to the procedures determined by the chairperson or co-chairpersons of the joint committee or subcommittee.

Admission of the public

47. (1) Meetings of joint committees and subcommittees are open to the public, including the media, and the member or members presiding may not exclude the public, including the media, from the meeting, except when —

(a) legislation, the Joint Rules or resolutions adopted in both Houses provide for the committee or subcommittee to meet in closed session; or

(b) the committee or subcommittee is considering a matter which is —

(i) of a private nature that is prejudicial to a particular person;

(ii) protected under parliamentary privilege, or for any other reason privileged in terms of the law;

(iii) confidential in terms of legislation; or

(iv) of such a nature that its confidential treatment is for any other reason reasonable and justifiable in an open and democratic society.

(2) A decision in terms of subrule (1) to exclude the public must be taken by the

joint committee or subcommittee concerned, provided that the chairperson of the committee or subcommittee may at any time —

(a) before the start of the meeting rule that the meeting must take place in closed session, but the committee or subcommittee may at any time after the start of the meeting open the meeting; or

(b) close the meeting for a decision by the committee or subcommittee whether the matter should be considered in closed session.

(3) The Speaker and the Chairperson of the Council, acting jointly, must —

(a) set aside places for the public in the committee rooms; and

(b) determine the entrances and routes through which the public can obtain access to these places.

(4) The Speaker and the Chairperson, acting jointly, may take reasonable measures -

(a) to regulate public access, including access of the media, to the joint committees and subcommittees;

(b) to prevent and control misconduct of the public in committee rooms; and

(c) to provide for the searching of any person, including that person's vehicle or other property in that person's possession, and, where appropriate, the refusal of entry to, or the removal of, any person.

Participation of Assembly and Council members

48. (1) Any Assembly or Council member who is not a member of the joint committee or subcommittee may be present at a meeting of a joint committee or subcommittee.

(2) A member mentioned in subrule (1) who is present at a meeting of a joint committee or subcommittee —

(a) may speak on a matter before a joint committee or subcommittee subject to any reasonable restrictions the chairperson or co-chairpersons may impose; and

(b) may not vote except when the vote is cast as an alternate or as a co-opted member.

Exclusion of members of public from meetings

The member or members presiding at a meeting of a joint committee or subcommittee may –

(a) order a member of the public to leave the meeting —

(i) when the public is excluded from a meeting in terms of joint rule 47 (1); or

(ii) when necessary to give effect to the measures taken under joint rule 47 (3); or

(b) order a person referred to in joint rule 46 to leave the meeting if that person does not comply with a ruling of the presiding member or members.

Exclusion of other persons from meetings

50. When the public is excluded from a meeting of a joint committee or subcommittee in terms of rule 47 (1), the member or members presiding may order a staff member, a member or official of the executive or an Assembly or Council member who is not a member of the committee or subcommittee, also to leave the meeting.

Removal of persons

51. When instructed by the member or members presiding, the Serjeant-at-Arms of the Assembly or the Usher of the Council must remove or arrange for the removal of any person -

(a) who, without permission, is present in that part of a committee room designated for members of the joint committee or subcommittee only; or

(b) who disrupts the proceedings of a joint committee or subcommittee, causes a nuisance or does not leave when ordered to leave under joint rule 49 or 50.

Publication of proceedings, evidence, reports, etc.

52. (1) All documents officially before, or emanating from, a joint committee or subcommittee are open to the public, including the media, but the following documents may not be published, and their contents may not be disclosed, except with the permission of the committee, or the parent committee in the case of a subcommittee, or by order of the Speaker and the Chairperson of the Council, acting jointly, or by resolutions adopted in both Houses:

(a) The proceedings of, or evidence taken by or placed before, the committee or subcommittee while the public were excluded from a meeting in terms of joint rule 47 (1).

(b) Any report on or summary of such proceedings or evidence.

(c) Any document placed before, or presented to, the committee or subcommittee as a confidential document and declared by it as a confidential document.

(d) Any document —

(i) submitted or to be submitted to members of the committee or subcommittee as a confidential document by order of the chairperson or co-chairpersons of the committee or subcommittee; or

(ii) after its submission to members declared by the chairperson or co-chairpersons as a confidential document.

(2) The permission, order or resolution authorising the publication, or

the disclosure of the contents, of documents mentioned in subrule (1) may provide that specific parts of, or names mentioned in, the document may not be published or disclosed.

(3) For the purposes of subrule (1) a document is officially before a joint committee or subcommittee when -

(a) the presiding member or members place the document or permit the document to be placed before the committee or subcommittee; or

(b) a person appearing before the committee or subcommittee as a witness or to make representations, presents the document to the committee or subcommittee.

(4) Subrule (1)(c) and (d) applies only to documents that —

(a) contain private information that is prejudicial to a particular person;

(b) are protected under parliamentary privilege, or for any other reason are privileged in terms of the law;

(d) are subject to a media embargo, until the embargo expires; or

(e) are of such a nature that their confidential treatment is for any other reason reasonable and justifiable in an open and democratic society.

Part 5: Joint Rules Committee

Establishment

53. There is a Joint Rules Committee.

Composition

54. The Joint Rules Committee consists of the Rules Committee of the Assembly and

the Rules Committee of the Council sitting together.

Chairpersons

55. (1) The Speaker and the Chairperson of the Council are the co-chairpersons of the Joint Rules Committee.

(2) If a co-chairperson is not available joint rule 1 (2) applies.

Functions and powers

56. (1) The Joint Rules Committee may -

(a) develop, formulate and adopt policy concerning the joint business of the Houses in respect of -

(i) the management, administration and functioning of Parliament;

(ii) the financial management and policy of Parliament, including the sources of funding, the budget, income and expenditure of Parliament;

(iii) the provision of facilities and other support for Assembly and Council members;

(b) make recommendations to the Houses concerning Parliament's annual budget;

(d) lay down guidelines, issue directives and formulate regulations regarding any aspect referred to in this rule;

(e) prescribe the style in which draft legislation must be drafted, including the

form and format of Bills and amendments to Bills;

(f) apart from the subcommittees mentioned in joint rule 63 (1) (a) to (i), appoint any other subcommittees to assist it with the performance of any of its functions or the exercise of any of its powers;

(g) in terms of section 45 of the Constitution make joint rules and orders concerning the joint business of the Houses, including joint rules and orders -

(i) to determine procedures to facilitate the legislative process,

including setting a time limit for completing any step in the process; and

(ii) to regulate its own business and that of any other joint committee or any joint subcommittee;

(h) deal with all matters relating to the funding of political parties, including the making of recommendations to the President for the enactment of regulations for the purposes of section 10 of the Public Funding of Represented Political Parties Act, 1997 (Act 103 of 1997); and

(i) perform any other functions assigned to it by legislation, the other provisions of the Joint Rules or resolutions adopted in the Assembly and the Council.

(2) The Joint Rules Committee may deal with a matter falling within its functions and powers -

(a) on its own initiative; or

(b) when referred to it for consideration and report by -

(i) the Assembly or the Council, or both;

(ii) the Speaker or the Chairperson of the Council, or both; or

(iii) the Assembly Rules Committee or the Council Rules Committee.

Decisions

57. (1) A question before the Joint Rules Committee is decided when there is agreement on the question between -

(a) the majority of the members of the Assembly component; and

(b) the majority of the members of the Council component.

(2) If the Joint Rules Committee reports to the Houses in terms of joint rule 31 on a decision taken by the Committee on any question within its powers and the one House accepts the decision and the other House rejects the decision, the question must be reconsidered by the Committee.

(3) On reconsideration, the question is decided by the Joint Rules Committee when it is supported by the majority of the votes cast jointly provided that the votes are weighted in such a way that the Assembly and Council components have an equal number of votes.

(4) A decision in terms of subrule (3) on a matter other than a matter

mentioned in joint rule 58, is binding on both Houses.

New joint rules and amendments to the Joint Rules

58. lf the Joint Rules Committee amends the Joint Rules, or makes a new joint rule,

in terms of section 45 of the Constitution and either the Assembly or the Council, or both, reject the amendment or new rule, the Committee must reconsider the amendment or new rule and either —

(a) withdraw the amendment or new rule; or

(b) rephrase it in a way acceptable to both Houses.

Minority party participation

59. A political party represented in the Council that is not represented in the

Council Rules Committee may designate one of its Council members to attend, and to speak in, the Joint Rules Committee, but that member may not vote.

Local government participation

60. The Joint Rules Committee must invite the representatives of organised local government in the Council to designate one of them to attend, and to speak in, the Committee, but that representative may not vote.

Control and management of joint administration

61. (1) Subject to the decisions of the Joint Rules Committee or resolutions adopted in both Houses, the Speaker and the Chairperson of the Council, acting jointly, are responsible for-

(a) the implementation of policy determined by the Joint Rules Committee; and

(b) the control and management of all matters relating to the joint administration of the Houses.

(2) The Speaker and the Chairperson of the Council, acting jointly and with the concurrence of the Joint Rules Committee, may appoint task teams to assist them in executing their responsibility mentioned in subrule (1).

Policy matters requiring decision during recess

62. (1) If during a recess a matter of policy arises that requires a Joint Rules Committee decision but cannot await finalisation when the session resumes, the Speaker and the Chairperson of the Council may convene a meeting of those of the following office-bearers that are available to decide on the matter:

(a) From the Assembly:

(i) the Speaker;

(ii) the Deputy Speaker;

(iii) the Chief Whip of the majority party in the Assembly;

(iv) the Deputy Chief Whip of the majority party in the Assembly;

(v) the Chairperson of Committees in the Assembly;

(vi) the Deputy Chairperson of Committees in the Assembly;

(vii) the chairperson of the relevant Subcommittee of the Assembly Rules Committee under whose jurisdiction the matter in question falls;

(viii) the most senior whip of each of the other parties in the Assembly; and

(ix) a committee chairperson designated by the Committee of Chairpersons in the Assembly; and

(b) from the Council:

(i) the Chairperson of the Council;

(ii) the permanent Deputy Chairperson of the Council;

(iii) the Chief Whip of the Council;

(iv) the Chairperson of Committees in the Council;

(v) the Deputy Chairperson of Committees in the Council;

(vi) the chairperson of the relevant Subcommittee of the Council Rules Committee under whose jurisdiction the matter in question falls;

(vii) each delegation whip; and

(ix) a committee chairperson designated by the Committee of Chairpersons in the Council.

(2) Joint rule 21 applies to the office-bearers referred to in paragraphs (a) and (b) of subrule (1).

(3) (a) A majority of the members listed in subrule (1) (a) and a majority of the members listed in subrule (1) (b) constitute a quorum.

(b) The matter before a meeting convened in terms of subrule (1), is

decided when there is agreement on the question among —

(i) the majority of the members in the Assembly component who are present; and

(ii) the majority of the members in the Council component who are present.

(4) Decisions taken in terms of this rule must be published in the ATC within three days.

Subcommittees

63. (1) The Joint Rules Committee has the following subcommittees:

(a) The Joint Subcommittee on the Parliamentary Budget;

(b) the Joint Subcommittee on Review of the Joint Rules

(d) the Joint Subcommittee on Internal Arrangements;

(e) the Joint Subcommittee on International Relations;

(f) the Joint Subcommittee on the Funding of Political Parties;

(g) the Joint Subcommittee on Delegated Legislation;

(h) the Joint Subcommittee on Powers and Privileges of Parliament; and

(i) any other subcommittees appointed in terms of joint rule 56(1)(f).

Notes: 1. NCOP Subcommittee proposes the combination of —

- the Joint Subcommittee on the Parliamentary Budget and the Joint Subcommittee on Support for Members; and

- the Joint Subcommittee on Review of Joint Rules and Joint Subcommittee on Powers and Privileges of Parliament.

2. The Joint Subcommittee considered the matter and supports the NCOP's

recommendation with the exception of the IFP in the Assembly. The IFP is not

against the clustering of subcommittees but does not support combining the

Subcommittees on the Budget and Support for Members.

(2) When the Joint Rules Committee appoints members of a subcommittee, the

Committee —

(a) is not restricted to the members of the Committee; and

(b) may appoint any Assembly or Council member.

Joint Subcommittee on the Parliamentary Budget

Composition

64. (1) The Joint Subcommittee on the Parliamentary Budget consists of Assembly and Council members as set out in subrules (2) and (3).

(2) The Assembly component consists of the members of the Assembly Subcommittee on the National Assembly Budget.

(3) The Council component consists of the members of the Council Subcommittee on the Council Budget and Support for Members.

Chairpersons

65. The chairperson of the Assembly Subcommittee and the chairperson of the Council Subcommittee are the co-chairpersons of the Joint Subcommittee.

Functions and powers

66. The Subcommittee may -

(a) make recommendations to the Joint Rules Committee on the development,

formulation and adoption of policy regarding -

(i) the financial management of Parliament;

(ii) the sources of funding, resources, income and expenditure of

Parliament; and

(iii) the preparation of Parliament's annual budget;

[NCOP Subcommittee proposes addition of the following subparagraph (iv) if its proposal for the combination of this Subcommittee and the Subcommittee on Support for Members is accepted:

(iv) the provision of facilities and other support for Assembly and Council members;]

(b) monitor and oversee the implementation of policy on the matters referred to in

paragraph (a) and make recommendations in this regard to the Joint Rules

Committee; and

Joint Subcommittee on Review of the Joint Rules

Composition

67. (1) The Joint Subcommittee on Review of the Joint Rules consists of Assembly and Council members as set out in subrules (2) and (3).

(2) The Assembly component consists of the members of the Assembly Subcommittee on Review of the National Assembly Rules.

(3) The Council component consists of the members of the Council Subcommittee on Review of the Council Rules and Parliamentary Privileges.

Chairpersons

68. The chairperson of the Assembly Subcommittee and the chairperson of the Council Subcommittee are the co-chairpersons of the Joint Subcommittee.

Functions and powers

69. The Subcommittee may —

(a) make recommendations to the Joint Rules Committee regarding —

(i) the proceedings, procedures, rules, orders and practices of Parliament; and

(ii) the development, formulation and adoption of policy on a matter mentioned in subparagraph (i); and

[ NCOP Subcommittee proposes addition of the following subparagraphs if its proposal for the combination of this Subcommittee and the Subcommittee on Powers and Privileges is accepted::

(aA) must review existing legislation, the common law and practice relating to parliamentary powers and privileges;

(aB) may make recommendations to the Joint Rules Committee to transform the existing law and practice on parliamentary powers and privileges;]

(b) perform any other function and exercise any other power assigned to it by the Joint Rules Committee.

Joint Subcommittee on Support for Members

[NCOP Subcommittee proposes that this Subcommittee be combined with the Subcommittee on Support for Members.]

Composition

70. (1) The Joint Subcommittee on Support for Members consists of Assembly

and Council members as set out in subrules (2) and (3).

(2) The Assembly component consists of —

(a) the Deputy Speaker; and

(b) the other members of the Assembly Subcommittee on Support for Assembly Members.

(3) The Council component consists of —

(a) the permanent Deputy Chairperson of the Council; and

(b) the members of the Council Subcommittee on the Council Budget and Support for Members.

Chairpersons

71. The Deputy Speaker and the permanent Deputy Chairperson of the Council are the co-chairpersons of the Joint Subcommittee.

Functions and powers

72. (1) The Subcommittee may —

(a) make recommendations to the Joint Rules Committee on the development, formulation and adoption of policy regarding the provision of facilities, including training for members, and other support for Assembly and Council members;

(b) monitor and oversee the implementation of policy on the matters referred to in paragraph (a) and make recommendations in this regard to the Joint Rules Committee; and

(2) The Subcommittee must consult the Joint Subcommittee on the Parliamentary

Budget on any of its recommendations that has financial implications for Parliament.

(3) If the Joint Subcommittee on the Parliamentary Budget disagrees with the recommendation, the two Subcommittees must report the disagreement to the Joint Rules Committee.

Joint Subcommittee on Internal Arrangements

Composition

73. (1) The Joint Subcommittee on Internal Arrangements consists of Assembly and Council members as set out in subrules (2) and (3).

(2) The Assembly component consists of —

(a) the Deputy Speaker; and

(b) the other members of the Assembly Subcommittee on Internal Arrangements.

(3) The Council component consists of -

(a) the permanent Deputy Chairperson of the Council; and

(b) the other members of the Council Subcommittee on Internal Arrangements.

Chairpersons

74. The Deputy Speaker and the permanent Deputy Chairperson of the Council are the co-chairpersons of the Subcommittee.

Functions and powers

75. The Subcommittee may -

(a) make recommendations to the Joint Rules Committee on the development, formulation and adoption of policy regarding the administration and management and functioning of Parliament, including —

(i) staff;

(ii) infrastructure;

(iii) household services and catering;

(iv) human resource development and training;

(v) information systems and the library; and

(vi) public relations and public education;

(b) monitor and oversee the implementation of policy on the matters referred to in paragraph (a) and make recommendations in this regard to the Joint Rules Committee; and

Joint Subcommittee on International Relations

Composition

76. (1) The Joint Subcommittee on International Relations consists of Assembly and Council members as set out in subrules (2), (3) and (4).

(2) From the Assembly:

(a) the Speaker and the Deputy Speaker;

(b) one member of each of the parties in the Assembly and designated by the party concerned;

(d) the chairperson of committees in the Assembly; and

(e) three chairpersons of Assembly committees designated by the Assembly Committee of Chairpersons.

(3) From the Council:

(a) the Chairperson and the permanent Deputy Chairperson of the Council; and

(b) the other members of the Council Subcommittee on International Relations.

(4) From either the Assembly or the Council:

(a) one member to represent the Inter-Parliamentary Union (IPU);

(b) one member to represent the Commonwealth Parliamentary Association (CPA);

Group of Countries - European Union (ACP-EU); and

(d) one member to represent the Southern African Developing Countries Parliamentary Forum.

Chairpersons

77. (1) The Speaker and the Chairperson of the Council are the co-chairpersons of the Subcommittee.

(2) If a co-chairperson is not available joint rule 1 (2) applies.

Functions and powers

78. The Subcommittee may —

(a) make recommendations to the Joint Rules Committee on the development, formulation and adoption of policy regarding Parliament's international relations, including —

(i) relations with other Parliaments and international organisations;

(ii) membership of international parliamentary organisations;

(iii) visits abroad by parliamentary groups; and

(iv) the hosting and receiving of delegations from abroad;

(b) monitor and oversee the implementation of policy on the matters referred to in paragraph (a) and make recommendations in this regard to the Joint Rules Committee; and

Decisions

79. (1) A question before the Subcommittee is decided by consensus among the members of the Subcommittee.

(2) If consensus cannot be reached, all views in the Subcommittee on the question must

be reported to the Joint Rules Committee.

Joint Subcommittee on the Funding of Represented Political Parties

Composition

80. (1) The Joint Subcommittee on the Funding of Represented Political Parties consists of members of both Houses appointed in such a way that —

(a) the party that holds the largest number of seats in the Assembly, has ten members;

(b) the party that holds the second largest number of such seats, has three members;

(d) the other parties that hold seats in the Assembly, have one member each.

(2) The Speaker and the Chairperson of the Council, acting jointly, appoint the

members of the Subcommittee on the advice of —

(a) the Chief Whips of the majority party in the Assembly and in the Council, when a member to represent the majority party must be appointed; or

(b) the most senior whips of a minority party in the Assembly and the Council, when a member to represent that party must be appointed.

Chairperson and deputy chairperson

81. The Subcommittee must elect one of its members from the one House as its chairperson and another of its members from the other House as its deputy chairperson.

Functions and powers

82. The Subcommittee may —

(a) make recommendations to the Joint Rules Committee concerning the enactment of regulations referred to in section 10 of the Public Funding of Represented Political Parties Act, l997 (Act 103 of 1997); and

(b) perform any other function, task or duty and exercise any other power assigned to it by the Joint Rules Committee.

Decisions

83. (1) A question before the Subcommittee is decided by consensus among the members of the Subcommittee.

(2) If consensus cannot be reached all views in the Subcommittee on the question must be reported to the Joint Rules Committee.

Joint Subcommittee on Delegated Legislation

Composition

84. The Joint Subcommittee on Delegated Legislation consists of Assembly and Council

members as set out in subrules (2) and (3).

(2) The Assembly component consists of the members of the Assembly Subcommittee on Delegated Legislation.

(3) The Council component consists of the members of the Council Subcommittee on Delegated Legislation.

Chairpersons

85. The chairperson of the Assembly Subcommittee and the chairperson of the Council Subcommittee are the co-chairpersons of the Joint Subcommittee.

Functions and powers

86. The Subcommittee —

(a) must investigate and make recommendations to the Joint Rules Committee on possible mechanisms that could be used by legislators to maintain oversight of the exercise of legislative powers delegated to the executive; and

(b) must perform any other function and may exercise any other power assigned to it by the Joint Rules Committee.

Note: 1. Section 101 (4) of the Constitution provides for national legislation to determine procedures for subordinate legislation to be tabled in and approved by Parliament.

2. In addition section 146 of the Constitution gives the NCOP a role in determining overrides with regard to subordinate legislation.

Joint Subcommittee on Powers and Privileges of Parliament

Composition

87. (1) The Joint Subcommittee on Powers and Privileges of Parliament consists of Assembly and Council members as set out in subrules (2) and (3) .

(2) The Assembly component consists of —

(a) the Speaker; and

(b) the other members of the Assembly Subcommittee on Powers and Privileges of Parliament.

(3) The Council component consists of —

(a) the permanent Deputy Chairperson of the Council; and

(b) the members of the Council Subcommittee on Review of the Council Rules and Parliamentary Privileges.

Chairpersons

88. The Joint Rules Committee must appoint one of the members in the Assembly component and one of the members in the Council component of the Subcommittee as co-chairpersons of the Subcommittee.

Functions and powers

89. The Subcommittee —

(a) must review existing legislation, the common law and practice relating to parliamentary powers and privileges;

(b) may make recommendations to the Joint Rules Committee to transform the existing law and practice on parliamentary powers and privileges; and

Part 6: Joint Programme Committee

Establishment

90. There is a Joint Programme Committee.

Composition

91. (1) The Joint Programme Committee consists of the Leader of Government Business in Parliament and Assembly and Council members as set out in subrules (2) and (3).

(2) The Assembly component consists of -

(a) the Speaker;

(b) the Deputy Speaker;

(d) the Deputy Chairperson of Committees in the Assembly;

(e) the Chief Whip of the majority party in the Assembly;

(f) the Deputy Chief Whip of the majority party;

(g) the whip of the majority party responsible for programming;

(h) another two whips of the majority party designated by that party;

(i) one whip and two additional representatives of the largest minority party in the Assembly, designated by that party;

(j) one whip and one additional representative of the second largest minority party in the Assembly, designated by that party; and

(k) one whip of each of the other minority parties in the Assembly, designated by the party concerned.

(3) The Council's component consists of -

(a) the Chairperson of the Council;

(b) the Deputy Chairpersons of the Council;

(d) two representatives from each provincial delegation of which one must be the delegation whip and the other a special member;

(e) the Chairperson of Committees in the Council; and

(f) the Chief Whip of the Council; and

(g) the most senior whip of each party represented in the Council.

(4) A whip referred to in subrule (2)(e) to (j) or (3)(d),(f) or (g) who is unable to attend a meeting of the Committee may designate another whip to attend the meeting.

Chairpersons

92. (1) The Speaker and the Chairperson of the Council are the co-chairpersons

of the Committee.

(2) If a co-chairperson is not available joint rule 1(2) applies.

Functions and powers

93. The Joint Programme Committee -

(a) must prepare and, if necessary, from time to time adjust the annual programme of Parliament, including the legislative programme;

(b) must monitor and oversee the implementation of Parliament's annual legislative programme and may set deadlines for the introduction of Bills;

(c) must implement the Joint Rules regarding the scheduling or programming of the business of Parliament, and the functioning of the joint committees, joint subcommittees and other joint structures;

(d) may take decisions and issue directives and guidelines to prioritise any joint business of the Houses;

(e) may set time limits for completing any steps in the legislative process or extend any such time limits;

(f) may take such steps as are necessary for the fast tracking of a Bill, including those steps provided for in joint rules 214 and 216; and

(g) must perform any other function or may exercise any other power as may be assigned to it by resolutions adopted in the Assembly and in the Council.

Decisions

94. A question before the Joint Programme Committee is decided when there is agreement on the question between -

(a) the majority of the members in the Assembly component; and

(b) the majority of the provinces represented in the Council component.

Reporting to Houses

95. Joint rule 31 does not apply to the Joint Programme Committee.

Subcommittees

96. (1) The Committee must appoint a subcommittee from amongst its members for the ongoing work of the Committee, including for the exercise of the powers conferred on it by joint rules 214 and 216.

(2) The Joint Programme Committee may appoint a subcommittee from among its members to perform any of its functions or exercise any of its powers as it may assign to the subcommittee.

(3) A subcommittee may only make recommendations to the Committee, except the

subcommittee envisaged in subrule (1) which may take decisions within its mandate.

Part 7: Constitutional Review Committee

Establishment

97. There is a Constitutional Review Committee which must review the Constitution at least annually.

Composition

98. The Constitutional Review Committee consists of -

(a) a number of Assembly members appointed in such a way that —

(i) the number of Assembly members is equal to the number of Council members appointed by the Council in terms of paragraph (b); and

(ii) the parties in the Assembly are represented in substantially the same proportion that they are represented in the Assembly, provided that each party is represented by at least one member; and

(b) a number of Council members appointed by the Council in such a way

that —

(i) each province is represented by one permanent and one special member; and

(ii) each party in the Council that does not have the majority of seats in at least one provincial legislature, is represented by one member.

Alternates

99. If alternates are appointed for members of the Constitutional Review Committee in terms of joint rule 21, the appointment must be in accordance with the composition requirements set out in joint rule 98.

Participation of local government

100. The Constitutional Review Committee must invite the representatives of

organised local government in the Council to designate one of them to attend, and to speak in, the Committee, but that representative may not vote.

Chairperson and deputy chairperson

101. The Constitutional Review Committee must elect one of its members

from the one House as its chairperson and one of its members from the other House as its deputy chairperson.

Functions and powers

102. (1) The Constitutional Review Committee must review the Constitution annually and report on the review to the Assembly and the Council.

(2) For the purposes of subrule (1) the Committee must annually -

(a) before the first day of May, by notice in the public media, invite the public to submit to the Committee, within 30 days, written representations on any constitutional matter;

(b) after the closing date for representations in terms of paragraph (a), identify those constitutional matters that it intends to review, taking into account any representations received in response to the invitation and any submissions made in terms of subrule (3); and

(c) at the start of the third term of a year, or in accordance with a time frame determined by resolutions adopted in the Assembly and in the Council, consider all representations concerning matters identified by the Committee in terms of paragraph (b) and received by the Committee in response to the invitation from —

(i) the public;

(ii) any Assembly and Council committees and members, and joint committees; and

(iii) any organs of state.

Decisions

103. A question before the Constitutional Review Committee is decided when there is agreement on the question among the majority of its members.

Part 8: Mediation Committee

Composition

104. (1) The Mediation Committee established by section 78 of the Constitution consists in terms of that section of -

(a) nine members of the Assembly elected in accordance with a procedure prescribed by the Assembly rules in substantially the same proportion that parties are represented in the Assembly; and

(b) one Council member from each province designated by the provincial delegation to the Council.

(2) A political party represented in the Assembly or the Council which is not

represented in the Mediation Committee may designate one of its members in either the Assembly or the Council to attend, and to speak in the Committee, but that member may not vote.

Alternates

105. If alternates are appointed for members of the Mediation Committee in terms of joint rule 21, the appointment must be in accordance with the composition requirements set out in joint rule 104 (1) (a) and (b).

Chairpersons

106. A member of the Assembly component of the Mediation Committee elected by that component and a member of the Council component elected by that component are the co-chairpersons of the Committee.

Functions and powers

107. (1) The Mediation Committee must consider Bills referred to it in terms of joint rule 177, 186 or 212 (2) with a view to finding agreement between the two components of the Committee on a version of the Bill.

(2) When the Committee considers a Bill it may —

(a) require any person to appear before it to give explanations or to produce a document concerning the Bill;

(b) consult any Assembly portfolio committee, any Council select committee or any joint committee; and

Meetings

108. (1) The Mediation Committee must meet promptly whenever a Bill is referred to it in terms of the Joint Rules.

(2) A meeting of the Committee must be called by the co-chairpersons.

(3) If one of the co-chairpersons is not available the other co-chairperson must call the meeting.

(4) If both co-chairpersons are not available or for any reason omit to call the meeting, the speaker and the Chairperson of the Council, acting jointly, must call the meeting.

(5) Joint rule 31 does not apply to the Mediation Committee.

Decisions

109. (1) A question before the Mediation Committee is decided in accordance with section 78(2) of the Constitution when there is agreement on the question between —

(a) at least five members in the Assembly component of the Committee; and

(b) at least five members in the Council component of the Committee.

(2) Each of the co-chairpersons has a vote as a member but has no casting

vote.

Meetings to be held in closed session

110. In order to facilitate negotiation and mediation, meetings of the Mediation Committee, despite joint rules 47 and 48, are closed to non-members of the Committee, including the public and the media, except with the permission of the Committee.

Part 9: Joint committees on Bills

Note: As drafted these Rules provide for referral of section 74, 75 and 76 Bills to a joint committee, although section 45 of the Constitution only applies to sections 74 and 75 Bills. We have added section 76 Bills, but have provided in rule 171 for the removal of such a Bill from the joint committee if there is no consensus. This rule would therefore not undermine the mediation process or the two-thirds NA majority requirement.

Establishment

111. A joint committee to consider a Bill may be established —

(a) by a resolution adopted in both Houses, but if the Council is not sitting the Chairperson of the Council may decide on its behalf provided that the Chairperson's decision is ratified at the next sitting of the Council; or

(b) by a decision of the Speaker and the Chairperson of the Council, acting jointly, if the Houses are in recess.

Composition

112. A joint committee on a Bill consists of an Assembly portfolio committee and the corresponding Council select committee.

Chairpersons

113. A joint committee on a Bill is co-chaired by the chairperson of the Assembly portfolio committee and the chairperson of the Council select committee.

Functions and powers

114. A joint committee on a Bill must consider the Bill referred to it, in accordance with Part 3 and other relevant provisions of Chapter 4 of the Joint Rules.

Decisions

115. A question before a joint committee is decided when there is agreement on the question between -

(a) the Assembly component, by a vote taken in terms of the Assembly rules applicable to portfolio committees; and

(b) the Council component, by a vote taken in terms of the Council rules applicable to select committees.

Participation of local government

116. A joint committee must invite the representatives of organised local government in the Council to designate one of them to attend, and to speak in, the committee, but that

representative may not vote.

Part 10: Committees on security services

Joint Committee on Oversight of Security Matters

117. (1) There is a Joint Committee on Oversight of Security Matters consisting of Assembly and Council members as set out in subrules (2) and (3).

(2) The members of the Committee in the Assembly component must be appointed in such a way that -

(a) the majority party in the Assembly has 13 members;

(b) the largest minority party in the Assembly has three members;

(d) each of the other parties in the Assembly has one member.

(3) The Council component consists of the members of the select committee responsible for security matters.

Chairperson and deputy chairperson

118. The Joint Committee must elect one of its members from the one House as the chairperson and another of its members from the other House as the deputy chairperson of the Committee.

Functions

119. (1) The Joint Committee has oversight of the South African National Defence Force and the South African Police Service to give effect to the principles of transparency and accountability as envisaged in section 199(8) of the Constitution, and for that purpose the Committee must meet at least once a year to do an annual review of the security service concerned, including a review of —

(a) the budget, functioning, organisation, armaments, policy, morale and state of preparedness of the South African National Defence Force; and

(b) the budget, functioning, organisation, policy and morale of the South African Police Service.

(2) The Committee —

(a) must report to both Houses before the end of May every year on its annual review; and

(b) may at any time report to the Assembly and the Council on any other matter relating to parliamentary oversight of the security services concerned.

Note: 1. Draft rules 117 to 119 are proposed to give effect to the

requirements of section 199(8) of the Constitution that multi-party

parliamentary committees must have oversight of the security services in

a matter determined by national legislation or the rules and orders of

Parliament.

2. The main function of the Joint Committee on Security Matters will be to do an annual overview of the SA National Defence Force and the SA Police Service.

3. In addition to the Joint Committee, the relevant Portfolio Committee of the Assembly and Select Committee of the Council will have their usual oversight powers, to be exercised throughout the year on a continuous basis.

4. The intelligence Services are dealt with separately in rule 120.

5. Rules 117 to 119 will have to stand over until section 228 of the l993 Constitution is repealed. Until such repeal the Joint Standing Committee on Defence established by that section must perform the oversight function concerning the South African National Defence Force.

Joint Standing Committee on Intelligence

120. The Joint Standing Committee on Intelligence established by the Intelligence Services Control Act, 1994 (Act 40 of 1994), must perform the oversight function concerning the intelligence services as required by section 199(8) of the Constitution.

Part 11: Joint Committee on Ethics and Members' Interests

Establishment

121. There is a Joint Committee on Ethics and Members' Interests.

Composition

122. (1) The Joint Committee on Ethics and Members' Interests consists of -

(a) twelve Assembly members; and

(b) five permanent members of the Council.

(2) The Committee must be composed in such a way that the majority party in the Assembly has one member more than the combined total of members representing all other parties in the Committee.

Chairperson and deputy chairperson

123. (1) The Joint Committee on Ethics and Members' Interests must elect one of its members from the one House as its chairperson and one of its members from the other House as its deputy chairperson.

(2) The chairperson and deputy chairperson are not entitled to remuneration.

Functions

124. (1) The Joint Committee on Ethics and Members' Interests must —

(a) implement the Code of Conduct for Assembly and permanent Council members set out in the Schedule;

(b) develop standards of ethical conduct for Assembly and Council members;

(c) serve as an advisory and consultative body, both generally and to members, concerning the implementation and interpretation of the Code;

(d) regularly review the Code and make recommendations for its amendment; and.

(e) perform the other functions and exercise the other powers reasonably assigned to the Committee in the Code and in terms of resolutions adopted in both Houses.

(2) The Committee must report to both Houses at least annually on the operation and effectiveness of the Code.

Public access

125. Meetings of the Joint Committee on Ethics and Members' Interests must be held in closed session when the Committee considers a matter affecting a specific Assembly or Council member and the Committee regards that matter to be confidential.

Decisions

126. A question before the Joint Committee on Ethics and Members' Interests is decided when there is agreement on the question among the majority of the members present, provided at least half of its members are present.

Confidentiality

127. (1) Each member and alternate member of the Joint Committee on Ethics and Members' Interests must swear or affirm, before either the Speaker or the Chairperson of the Council, depending on the House of which that person is a member, to comply with the requirements of confidentiality set out in the Code.

(2) The Registrar appointed in terms of the Code and each member of the staff assigned for the work of the Committee must swear or affirm, before either the Speaker or the Chairperson of the Council, to comply with the requirements of confidentiality set out in the Code.

Part 12: Joint Monitoring Committee on Improvement of Quality

of Life and Status of Women

Establishment

128. There is a Joint Monitoring Committee on Improvement of Quality of Life and Status of Women.

Composition

129. (1) The Joint Committee consists of both Assembly and Council members appointed in such a way that —

(a) the party that holds the largest number of seats in the Assembly, has eleven members;

(b) the party that holds the second largest number of such seats, has three members; and

(d) the other parties that hold seats in the Assembly, has one member each.

(2) The Speaker and the Chairperson of the Council, acting jointly, appoint the

members of the Committee on the advice of -

(a) the Chief Whips of the majority party in the Assembly and in the Council, when a member representing the majority party is appointed; or

(b) the most senior whips of a minority party in the Assembly and in the Council, when a member representing that party is appointed.

Chairperson and deputy chairperson

130. The Joint Committee must elect one of its members from the one House as its chairperson and another of its members from the other House as its deputy chairperson.

Functions

131. The Joint Committee must -

(a) monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa, with specific reference to the Government's

commitments —

(i) to the Beijing platform of action; and

(ii) with regard to the implementation of the Convention on the Elimination of Discrimination against Women; and

(iii) to any other applicable international instruments;

(b) may make recommendations to both or either of the Houses, or any joint or House committee, on any matter arising from paragraph (a) or (b).

Decisions

132. A question before the Joint Committee is decided when there is agreement among the majority of the members.

Part 13: Joint Monitoring Committee on Reconstruction and Development

Establishment

133. There is a Joint Monitoring Committee on Reconstruction and Development.

Composition

134. (1) The Joint Committee consists of Assembly and Council members appointed in such a way that —

(a) in the Assembly component —

(i) the majority party in the Assembly has eleven members;

(iv) the largest minority party in the Assembly has three members;

(v) the other minority parties in the Assembly have one member each; and

(b) in the Council component —

(i) the provinces have one member each; and

(ii) each party in the Council that does not have the majority of seats in at least one provincial legislature, has one member each.

(2) Members for the Committee must be selected from among members of those

Assembly portfolio and Council select committees involved in matters directly relevant to the reconstruction and development programme.

(3) The Speaker and the Chairperson of the Council, acting jointly, appoint the

members of the Committee on the advice of —

(a) the Chief Whips of the majority party in the Assembly and the Council, when a member representing the majority party is appointed; or

(b) the most senior whips of a minority party in the Assembly and the Council, when a member representing that minority party is appointed.

Chairperson and deputy chairperson

135. The Joint Committee must elect one of its members from the one House as its chairperson and another of its members from the other House as its deputy chairperson.

Function

136. The Joint Committee —

(a) must monitor and evaluate the implementation of the reconstruction and development

programme; and

(b) may make recommendations to either or both Houses, or any joint or House committee, on a matter concerning the reconstruction an development programme.

Decisions

137. A question before the Joint Committee is decided when there is agreement between —

(a) the majority of the Assembly component; and

(b) the majority of the Council component.

Part 14: Ad Hoc Joint Committees

Establishment

138. (1) An ad hoc joint committee may be established for the performance any specific task —

(a) by resolution adopted in both Houses; or

(b) if both or any of the Houses are in recess, by decision of the Speaker and the Chairperson of the Council, acting jointly after consulting the Chief Whip of the majority party in the Assembly and the Chief Whip of the majority party in the Council.

(2) The resolution or decision establishing an ad hoc committee must include time frames for -

(a) the completion of any steps in performing the task for which the committee was established; and

(b) the completion of the task:

(3) An ad hoc joint committee has those of the powers listed in joint rule 14A only as are specified in the resolution or decision.

(4) Any decision by the Speaker and the Chairperson of the Council to appoint an

ad hoc committee in terms of subrule (1) (b) must —

(a) be tabled in the Houses for ratification by the Houses; and

(b) be tabled in a House on its first sitting day after the decision was taken.

(5) An ad hoc joint committee ceases to exist —

(a) when it has completed the task for which it was established;

(b) when the date for completion of the task has expired; or

Composition

139. (1) The resolutions establishing an ad hoc joint committee must specify either the names of the committee members or the number of committee members from each House.

(2) lf the resolutions specify only the number of committee members from each House -

(a) the Speaker must appoint the Assembly members who are to serve on the committee; and

(b) the Chairperson of the Council must appoint the Council members who are to serve on the committee.

Chairpersons

140. A member of the Assembly component of an ad hoc committee elected by that component and a member of the Council component elected by that component are the co-chairpersons of the committee.

Decisions

141. Except when the resolutions establishing an ad hoc joint committee provide otherwise, a question before the ad hoc committee is decided when there is agreement on the question between -

(a) the Assembly component, by a vote taken in terms of the Assembly rules applicable to portfolio committees; and

(b) the Council component, by a vote taken in terms of the Council rules applicable to select committees.

Part 15: Joint committees appointed by Assembly and Council resolution

Establishment

142. The Assembly and the Council may by resolutions adopted in the Assembly and the Council establish any joint committee.

Composition

143. (1) The resolutions establishing the joint committee must specify either the names of the committee members or the number of committee members from each House.

(2) If the resolutions specify only the number of committee members

from each House —

(a) the Speaker must appoint the Assembly members who are to serve on the committee; and

(b) the Chairperson of the Council must appoint the Council members who are to serve on the committee.

Functions and powers

144. (1) The resolutions establishing a joint committee in terms of this Part must specify the functions of the committee.

(2) Such a joint committee has those of the powers listed in joint rule 32 only as are specified in the resolutions.

Chairpersons

145. A member of the Assembly component of a joint committee elected by that component and a member of the Council component elected by that component are the co-chairpersons of the committee.

Decisions

146. Except when the resolutions establishing a joint committee provide otherwise, a question before the committee is decided when there is agreement on the question between —

(a) the Assembly component, by a vote taken in terms of the Assembly rules applicable to portfolio committees; and

(b) the Council component, by a vote taken in terms of the Council rules applicable to select committees.

Part 16: Conferring by House committees

Conferring powers of House committees.

147. (1) A committee of a House may confer with the corresponding committee of the other House.

(2) Conferring must take place -

(a) if the Assembly and the Council, by resolution adopted in each House, decide that it is necessary; or

(b) if, during a recess of both or any of the Houses, the Speaker and the Chairperson of the Council, acting jointly, so decide.

Chairpersons

148. When House committees meet to confer the chairpersons of the respective committees co-chair the meeting except when one of them takes the chair by agreement between them.

Part 17: Leader of Government Business in Parliament

Establishment

149. There is a Leader of Government Business in Parliament who must be a Cabinet member designated by the President.

Role

150. The Leader of Government Business in Parliament is responsible for -

(a) the affairs of the national executive in Parliament;

(b) the programming of parliamentary business initiated by the national executive, within the time allocated for that purpose;

(d) performing any other function provided for by the Joint Rules or a resolution of the Assembly or the Council or resolutions adopted in both Houses.

Part 18: Joint Tagging Mechanism

Establishment

151. There is a Joint Tagging Mechanism consisting of -

(a) the Speaker and the Deputy Speaker; and

(b) the Chairperson and the permanent Deputy Chairperson of the Council.

Functions

152. The JTM serves, for purposes of parliamentary proceedings —

(a) as a decision-making structure to make final rulings in accordance with —

(i) joint rule l60 on the classification of all Bills introduced in the Assembly or the Council; and

(ii) joint rule 191 on whether a mixed section 75/76 Bill may be proceeded with or is out of order; and

(b) as a consultative structure for Assembly members and committees, Council members and committees, provincial delegations to the Council and joint committees to ensure that amendments to Bills do not render the Bill constitutionally or procedurally out of order in terms of joint rule 161.

Operating procedure

153. (1) Whenever the JTM must rule on the classification of a Bill or on a question whether a Bill or an amendment to a Bill is constitutionally or procedurally in order in terms of joint rule 161, the Bill, and a legal opinion on its classification or on the relevant question, must be submitted to the members of the JTM.

(2) The JTM decides the classification of a Bill or the question concerned by consensus. Consensus is reached when all available members of the JTM agree, provided that at least one from each House agrees.

(3) lf there is no consensus the JTM must obtain a second legal opinion preferably from a constitutional expert approved by the JTM.

(4) When a matter is re-submitted to the members of the JTM they must without delay take a final decision on the matter, but are not bound by any legal advice.

(5) lf the JTM is unable to reach consensus on the matter, the matter must be reported to the Assembly and the Council.

(6) lf the Houses cannot resolve the matter through any other mechanisms at their

disposal, a House may by resolution declare a dispute and apply to the Constitutional Court to resolve the dispute.

Submission of views to JTM

154. (1) Assembly and Council members and committees and provincial legislatures may submit their views on the classification of a Bill to the JTM in writing within the period stated in the ATC which may not be less than three working days.

(2) The JTM may not classify a Bill before the expiry of the period stated in the ATC.

JTM to be available at short notice

155. The JTM must be available at short notice, also during a recess of both or either of the Houses.

Time limits

156. The Joint Programme Committee may —

(a) set a time limit for the JTM to make a final ruling on a Bill referred to it; or

(b) extend any time limit set under paragraph (a).

Notification of classifications and findings

157. The JTM's classification of and, when appropriate, its findings on a Bill must without delay be -

(a) tabled in the Assembly and the Council; and

(b) conveyed to any Assembly committee, Council committee or joint committee to which the Bill may have been referred.

Binding force of JTM'S classifications and findings

158. For the purposes of all parliamentary proceedings the JTM's classification of and findings on a Bill are final and binding on both Houses.

Note: Presiding officers to give guidance whether rules on chairing and

calling of JTM meetings are necessary.

CHAPTER 4

JOINT LEGISLATIVE PROCESS

Part 1: Steps prior to introduction of Bills

Submission of draft Bills as approved by Cabinet to Speaker and Chairperson of Council

159. (1) A Cabinet member or Deputy Minister who intends introducing a Bill in the Assembly or who initiates the introduction of a Bill in the Council, must as soon as possible after the Bill has been approved by Cabinet, submit to the Speaker and the Chairperson of the Council -

(a) the draft of the proposed Bill as approved by Cabinet, whether or not the draft has been legally or technically formalised as a proper draft Bill; and

(b) a memorandum explaining the objects of the proposed legislation.

Note: It is highly desirable that portfolio and select committees be informed of the content of proposed legislation well before the introduction of the legislation in order to assist them in planning and developing views on the legislation.

(2) The Speaker must refer the draft of the proposed Bill and the memorandum to the responsible portfolio committee and the Chairperson of the Council must refer the draft of the proposed Bill and the memorandum to the responsible select committee and the provincial legislatures in order -

(a) to assist the committee and legislatures in planning their work; and

(b) to enable the committee members and legislatures to acquaint themselves with and to develop their positions with regard to the proposed legislation.

(3) The Leader of Government Business in Parliament must liaise with Cabinet members to facilitate the implementation of this rule.

(4) This rule does not apply to -

(a) a money Bill in respect of which the responsible Minister follows the special introductory procedure set out in Assembly rule 288; or

(b) any other Bills in respect of which premature disclosure of their contents may result in prejudice to the state or the general public.

Part 2: Classification of Bills

Referral of Bills to JTM

160. (1) When a Bill is introduced it must without delay be referred to the JTM for classification in terms of this rule.

(2) When a Bill introduced as à constitution amendment Bill is referred to the JTM, it must make a finding on whether-

(a) the Bill is in fact a constitution amendment Bill;

(b) the Bill is in terms of section 74 of the Constitution required to be passed by both Houses or only by the Assembly;

(c) the Bill or any of its provisions is in terms of section 74 required to be passed by the Assembly with a supporting vote of at least two thirds or with a supporting vote of at least 75 per cent of the members;

(d) the Bill or any of its provisions is in terms of section 74 (8) required to be approved by any province or provinces before it is passed by the Council; and

(e) the Bill is constitutionally and procedurally in order.

(3) When a Bill introduced as a section 75 Bill is referred to the JTM, it must make a finding on whether the Bill -

(a) is in fact a section 75 Bill;

(b) includes any provisions to which the procedure prescribed in section 76 of the Constitution applies; and

(4) When a Bill introduced as a section 76 Bill is referred to the JTM, it must

make a finding on whether the Bill —

(a) is in fact a section 76 Bill and if so, which of subsections (3), (4) or (5) of that section applies to the Bill;

(b) includes any provisions to which the procedure prescribed in section 75 applies; and

(5) When a Bill introduced as a mixed section 75/76 Bill is referred to the JTM, it must make a finding on whether the Bill -

(a) is in fact a mixed section 75/76 Bill; and

(b) is constitutionally and procedurally in order.

(6) Once it has made its findings, the JTM must classify the Bill as-

(a) a constitution amendment Bill;

(b) a section 75 Bill; or

(d) a section 76 Bill;

(e) a mixed section 75/76 Bill; or

(f) a Bill that is constitutionally or procedurally out of order.

When Bills are out of order

161. (1) A Bill is constitutionally out of order if it is in breach of —

(a) section 73 (2) or (4) of the Constitution, in that it was incorrectly introduced by an unauthorised person or committee;

(b) section 73 (3), in that the Bill was incorrectly introduced in the wrong House;

(c) section 74 (4), in that it contains both constitutional amendments and other provisions unconnected with those constitutional amendments;

(d) section 74 (5), in that the procedure prescribed in that section as a precondition for the introduction of the Bill has not been complied with; or

(e) section 77 (1), in that it is a money Bill that also deals with matters which are not subordinate and incidental to the appropriation of money or the imposition of taxes, levies or duties.

(2) A Bill is procedurally out of order if-

(a) the procedure prescribed in either the Assembly or Council rules as a precondition for the introduction of a Bill in the particular House has not been complied with;

(b) it is in breach of joint rule 172 in that it is a constitution amendment Bill that contains both constitutional amendments that may be passed by the Assembly alone and constitutional amendments that are required to be passed also by the Council;

(d) it is in breach of joint rule 93 (b) in that a deadline set for the introduction of the Bill was not met and late introduction was not authorised

(3) Except as provided for in subrule (1) the JTM may not make a finding on

the constitutional validity of the contents of a Bill.

Consequence of classification of Bill as constitutionally or procedurally out of order .

162. (1) lf the JTM classifies a Bill as constitutionally or procedurally out of order the Bill may not be proceeded with.

(2) Subrule (1) does not prevent a Bill-

(a) from being corrected and re-introduced, if it was found to be defective because of its contents; or

(b) from being re-introduced in accordance with the correct procedure, if it was found to be defective on a procedural point.

Reclassification of Bills

163. (1) The JTM may change the classification -

(a) of a mixed section 75/76 Bill to section 75 and section 76 Bills, if the Bill is split in terms of joint rule 194 (2)(a)(i), 196 (2)(a) or 200 (2) into separate section 75 and section 76 Bills;

(b) of a mixed section 75/76 Bill to either a section 75 or a section 76 Bill, if the Bill is amended in terms of joint rule 194 (2)(a)(ii) to become a section 75 or a section 76 Bill; or

(c) of a section 75 or a section 76 Bill to a mixed section 75/76 Bill, or a section 75 Bill to a section 76 Bill, or a section 76 to a section 75 Bill, but only if -

(i) the Bill was introduced in the Assembly; and

(ii) the Bill is amended before Second Reading of the Bill in the Assembly to become a mixed section 75/76 Bill, a section 76 Bill or a section 75 Bill, as the case may be.

(2) If the JTM reclassifies a Bill as a mixed section 75/76 Bill it must take a decision on the Bill as required by joint rule 191 (1)(a).

JTM may rule amendments constitutionally or procedurally out of order

164. (1) At any time before a House decides on an amendment to a Bill, the JTM may—

(a) rule the amendment constitutionally or procedurally out of order in terms of joint rule 161, whether or not the amendment has been referred to the JTM; and

(b) prescribe an ad hoc procedure with regard to the Bill to meet any procedural complications arising from its ruling in terms of paragraph (a).

(2) An amendment ruled out of order by the JTM may not be proceeded with.

(3) The JTM must without delay report to both Houses on any decision

taken in terms of subrule (1).

Part 3: Consideration of Bills by Joint Committees

Application

165. The provisions of this Part apply to Bills —

(a) introduced in the Assembly that are referred before Second Reading of the Bill in the Assembly to a joint committee established in terms of joint rule 111;

(b) introduced in the Council that are referred before the Council decides on the Bill to such a joint committee; or

(c) recommitted to such a joint committee in terms of the Assembly or Council rules to consider amendments proposed in the House concerned.

Referral to joint committee

166. A Bill must be referred to a joint committee-

(a) if the Assembly and the Council, by resolutions adopted in the Assembly and the Council, so decide, but if the Council is not sitting the Chairperson of the Council may decide on its behalf provided the Chairperson's decision is ratified at the next sitting of the Council; or

(b) if, during a recess of both or one of the Houses, the Speaker and the Chairperson of the Council, acting jointly, so decide.

Process in committee

167. (1) lf the Bill has been published for public comment in terms of the Assembly or Council rules, the joint committee to which the Bill is referred may arrange its business in such a manner that interested persons and institutions have an opportunity to comment on the Bill.

(2) lf a Bill has not been published for public comment, and the committee considers public comment on the Bill to be necessary, it may by way of invitations, press statements, advertisements or in any other manner, invite the public to comment on the Bill.

(3) The committee -

(a) must enquire into the subject of the Bill and report on it to both the Assembly and the Council;

(b) if it is a Bill amending provisions of an Act, may seek the permission of the Houses to inquire into amending other provisions of that Act;

(d) may consult any other joint committee or any Assembly or Council committee that has a direct interest in the substance of the Bill;

(e) may consult the JTM on whether any amendments to the Bill proposed in the committee —

(i) may affect the classification of the Bill: or

(ii) may render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(f) may not propose an amendment that —

(i) changes the classification of the Bill except as provided for in subrule (4) and joint rule 163; or

(ii) renders the Bill constitutionally or procedurally out of order within the

meaning of joint rule 161;

(g) may recommend approval or rejection of the Bill or present with its report an amended Bill or a redraft of the Bill; and

(h) must report to both Houses in accordance with joint rule 168.

(4) The committee may propose an amendment that changes the classification

of a section 75 or section 76 Bill to a mixed 75/76 Bill only if the JTM is of the view that the Bill as amended is unlikely to lead to unmanageable procedural complications.

Note: Subrule (4) must be suspended until the proposed procedure for mixed Bills is implemented.

Joint committee's report

168. (1) The joint committee to which a Bill is referred must table in both Houses —

(a) its report;

(b) the Bill that has been agreed on by it, or if it has not agreed on a Bill, the Bill as referred to it; and

(c) the supporting memorandum which was introduced with the Bill or, if the memorandum has been amended by the committee, the amended memorandum.

(2) The joint committee to which a Bill is referred may report to the Houses only after the JTM has classified the Bill and has made its findings on the Bill.

(3) In its report the committee-

(a) must state the JTM'S classification of and findings on the Bill;

(b) must state whether it recommends approval of the Bill with or without amendments, a redraft of the Bill, or rejection of the Bill;

(c) must specify each amendment if an amended Bill (other than a redraft of the Bill) was agreed on by it, and each amendment which was considered and, for a reason other than its being out of order, was rejected by it;

(d) must specify each amendment rejected by the committee if a redrafted Bill was agreed on by it;

(e) must, if it is not a unanimous report-

(i) specify in which respects there was not consensus; and

(ii) in addition to the majority report, express any views of a minority in the committee;

(f) may specify such details or information about its enquiry and any representations or evidence received or taken by it, as it may consider necessary for the purposes of the debate on the Bill in the Assembly and the Council ;

(g) may report on any matter arising from its deliberations on the Bill but which is not necessarily related to the Bill; and

(h) may recommend to the Assembly or the Council that any matter contained in the report be placed on the Order Paper of the Assembly or the Council for separate consideration either before or after the House considers the Bill.

Explanation of report

169. A co-chairperson or other member of the committee who tables the report in the Assembly or the Council on behalf of the committee, may, if the committee has so recommended in its report, address the Assembly or the Council in order to explain the report.

Referral of amendments proposed in a House to joint committee

170. (1) lf a Bill is recommitted to a joint committee in terms of the Assembly or Council rules to consider amendments placed on a House's Order Paper by members, the committee-

(a) may consider only those clauses of the Bill in respect of which amendments have been placed on the Order Paper and any consequential amendments that have to be effected;

(b) may consult the JTM on whether any of the amendments-

(i) affects the JTM'S classification of the Bill; or

(ii) renders the Bill constitutionally or procedurally out of order

within the meaning of joint rule 161;

(d) must specify in the report each amendment placed on the Order Paper by the person in charge of the Bill but rejected by the committee;

(e) may not agree on any amendment that —

(i) changes the classification of the Bill except as provided for in subrule (3) and joint rule 163; or

(ii) renders the Bill constitutionally or procedurally out of order within the

meaning of joint rule 161; and

(f) must table its report together with the Bill in both the Assembly and the Council.

(2) Subrule (1)(d) applies only if the person in charge of the Bill is a Cabinet member or Deputy Minister.

(3) The committee may agree on an amendment that changes the classification of a section 75 or section 76 Bill to a mixed 75/76 Bill only if the JTM is of the view that the Bill as amended is unlikely to lead to unmanageable procedural complications.

Note: Subrule (3) must be suspended until the proposed procedure for mixed Bills is implemented.

Absence of consensus or report

171. (1) lf a joint committee fails to reach consensus or if it is unable to report on a Bill or on any amendment referred to it in terms of joint rule 170 —

(a) the joint committee must report to the Houses that it cannot reach consensus; or

(c) the chairpersons of the committee must inform the Speaker and the Chairperson of the Council that the committee was unable to reach consensus.

(2) The Bill is then dealt with in terms of the rules of the respective Houses.

Part 4: Joint Business, Constitution Amendment Bills

Contents of constitution amendment Bills

172. Constitutional amendments that may be passed by the Assembly alone may not be contained in a Bill that contains constitutional amendments that are required to be passed also by the Council.

Process if Assembly approves Second Reading

173. lf the Assembly approves the Second Reading of a constitution amendment Bill, the Secretary must without delay submit the Bill -

(a) to the President for assent, if the Bill is not in terms of section 74 of the Constitution required to be passed by the Council; or

(b) to the Chairperson of the Council to deal with the Bill in terms of the Council rules, if the Bill is in terms of section 74 required to be passed also by the Council.

Constitutional amendments affecting specific provinces

174. (1) A constitution amendment Bill referred to in section 74 (8) of the Constitution may not be passed by the Council unless the Bill, or the affected part of it, has been approved by the provincial legislature or legislatures of the province or provinces concerned.

(2) lf the whole Bill requires the approval of a specific provincial legislature or legislatures and that legislature or any or all of those legislatures refuse to grant such approval, the Bill lapses.

(3) lf only a part of the Bill requires the approval of a specific provincial legislature or legislatures and that legislature or any or all of those legislatures refuse to grant such approval, that part of the Bill lapses, but the rest of the Bill may be proceeded with subject to amendments needed to remove the affected part of the Bill.

(4) lf a Bill referred to in subrule (3) has already been passed by the Assembly, the Bill must be referred back to the Assembly for reconsideration and amendment in terms of the Assembly rules.

Process if Council passes Bill

175. lf the Council passes a constitution amendment Bill, the Secretary must without delay

submit the Bill —

(a) to the President for assent if the Council has passed the Assembly's version of the Bill; or

(b) to the Speaker if the Council has amended the Bill.

Assembly must consider Council amendments

176. (1) lf the Council amends a constitution amendment Bill the Assembly must consider the amendments in terms of its own rules and either reject or pass the amended Bill.

(2) lf the Assembly passes the amended Bill the Secretary must without delay submit the Bill to the President for assent.

Referral to Mediation Committee in event of disagreement between Houses

177. (1) A constitution amendment Bill must be referred to the Mediation

Committee if -

(a) the Council rejects the Bill as passed by the Assembly;

(b) the Council has amended the Bill and the Assembly rejects the Council's amended version.

(2) A Bill must be referred to the Mediation Committee within seven working days after the Council or the Assembly has rejected the Bill in terms of subrule (1).

(3) The Secretary must within the period mentioned in subrule (2) provide the members the Mediation Committee with -

(a) a copy of the rejected Bill;

(b) a copy of each version of the Bill that was tabled or considered in either of the Houses;

(d) copies of all committee reports on the Bill.

(3) A Bill is regarded as having been referred to the Mediation Committee -

(a) on the day the Secretary distributes copies of the Bill to the members, if both Houses are in session; or

(b) seven days after the Secretary has distributed or sent copies of the Bill to the members, if both or any of the Houses are in recess.

Notice to Houses of mediation result

178. Once the Mediation Committee has agreed on a version of a Bill referred to it, or if it is unable to agree on any version within 30 days of the Bill's referral to it, the Committee must notify the Speaker and the Chairperson of the Council of the result of its efforts.

Process if mediation successful

179. (1) lf the Mediation Committee agrees on the Bill as passed by the Assembly, the Secretary must submit that version to the Chairperson of the Council for reconsideration by the Council.

(2) lf the Mediation Committee agrees on the Bill as amended by the Council, the Secretary must submit that version to the Speaker for reconsideration by the Assembly.

(3) lf the Mediation Committee agrees on another version of the Bill, the Secretary must submit that version to both the Speaker and the Chairperson of the Council for consideration by the Houses.

(4) lf a version of the Bill mentioned in subrule (1), (2) or (3) is passed by the

Council, the Assembly or both Houses, as the case may be, the Secretary must without delay submit that version to the President for assent.

Consequence of unsuccessful mediation

180. A constitution amendment Bill lapses if —

(a) the Mediation Committee is unable to agree within 30 days of the Bill's referral to it;

(b) the Council rejects the version of the Bill submitted to it in terms of joint rule 179 (1);

(d) either of or both the Houses reject the version of the Bill submitted to them in terms of joint rule 179 (3).

Part 5: Joint Business, Section 75 Bills

Process if Assembly approves Second Reading

181. lf the Assembly approves the Second Reading of a section 75 Bill, the Secretary must without delay submit the Bill to the Chairperson of the Council to deal with the Bill in terms of the Council rules.

Process if Council passes Bill without proposing amendments

182. lf the Council passes a section 75 Bill without proposing any amendments the Secretary must without delay submit the Bill to the President for assent.

Process if Council rejects Bill or proposes amendments

183. (1) lf the Council rejects a section 75 Bill or passes it subject to amendments, the Secretary must without delay submit the Bill and any amendment proposals of the Council to the Speaker.

(2) The Assembly must reconsider the Bill in terms of its own rules,

taking into account any amendments proposed by the Council, and may -

(a) pass the Bill again, either with or without amendments; or

(b) decide not to proceed with the Bill.

(3) The Secretary must submit a Bill passed by the Assembly in terms of subrule (2) to the President for assent.

Part 6: Joint Business, Section 76 Bills

Referral to other House

184. (1) lf the Assembly passes a section 76 (1) Bill, the Secretary must refer the Bill to the Chairperson of the Council to deal with the Bill in terms of the Council rules.

(2) lf the Council passes a section 76 (2) Bill, the Secretary must refer the Bill

to the Speaker to deal with the Bill in terms of the Assembly rules.

Process if second House passes Bill

185. (1) lf the Council passes a section 76 (1) Bill, the Secretary must without delay submit the Bill -

(a) to the President for assent if the Council has passed the Assembly's version of the Bill; or

(b) to the Speaker for consideration by the Assembly, if the Council has amended the Assembly's Bill.

(2) lf the Assembly passes a section 76 (2) Bill, the Secretary must without delay submit the Bill -

(a) to the President for assent if the Assembly has passed the Council's version of the Bill; or

(b) to the Chairperson of the Council for consideration by the Council,

if the Assembly has amended the Council's Bill.

(3) When a House considers an amended Bill in terms of subrule (1)(b) or (2)(b), it does so in terms of its own rules.

(4) lf a House passes an amended Bill referred. to it in terms of subrule (1)(b) or (2)(b), the Secretary must without delay submit the Bill to the President for assent.

Referral to Mediation Committee in event of disagreement between Houses

186. (1) A section 76 (1) Bill must be referred to the Mediation Committee if —

(a) the Council rejects the Bill as passed by the Assembly; or

(b) the Council has amended the Bill as passed by the Assembly and the Assembly rejects the Council's amended version.

(2) A section 76 (2) Bill must be referred to the Mediation Committee if —

(a) the Assembly rejects the Bill as passed by the Council; or

(b) the Assembly has amended the Bill as passed by the Council] and the Council rejects the Assembly's amended version.

(3) A Bill must be referred to the Mediation Committee within seven working

days After the Assembly or the Council has rejected the Bill.

(4) The Secretary must within the period mentioned in subrule (3) provide the members of the Mediation Committee with -

(a) a copy of the rejected Bill;

(b) a copy of each version of the Bill that was tabled or considered in either of the Houses;

(d) copies of all committee reports on the Bill.

(5) A Bill is regarded as having been referred to the Mediation Committee —

(a) on the day the Secretary distributes copies of the Bill to the members, if both

Houses are in session; or

(b) seven days after the Secretary has distributed or sent copies of the Bill to the members, if both or either of the Houses are in recess.

Notice to Houses of mediation result

187. Once the Mediation Committee has agreed on a version of a Bill referred to it, or if it is unable to agree on any version within 30 days of the Bill's referral to it, the Committee must notify the Speaker and the Chairperson of the Council of the result of its efforts.

Process if mediation successful

188. (1) lf the Mediation Committee agrees on the Bill as passed or amended by the Assembly, the Secretary must submit that version to the Chairperson of the Council for reconsideration by the Council.

(2) lf the Mediation Committee agrees on the Bill as passed or amended by the

Council, the Secretary must submit that version to the Speaker for reconsideration by the Assembly.

(3) lf the Mediation Committee agrees on another version of the Bill, the Secretary must submit that version to both the Speaker and the Chairperson of the Council for consideration by the Houses.

(4) lf a version of the Bill mentioned in subrule (1), (2). or (3) is passed by the Council, the Assembly or both Houses, as the case may be, the Secretary must without delay submit that version to the President for assent.

Consequence of unsuccessful mediation on section 76 (1) Bills

189. The Assembly must deal with a section 76 (1) Bill in terms of its own rules if —

(a) the Mediation Committee is unable to agree within 30 days of the Bill's referral to it;

(b) the Council rejects the version of the Bill submitted to it in terms of joint rule 188 (1);

188 (2); or .

(d) any of or both the Houses reject the version of the Bill submitted to them in terms of

joint rule 188 (3).

Consequence of unsuccessful mediation on section 76 (2) Bills

190. A section 76 (2) Bill lapses if —

(a) the Mediation Committee is unable to agree within 30 days of the Bill's

referral to it;

(b) the Council rejects the version of the Bill submitted to it in terms of joint

rule 188 (1);

rule 188 (2); or

(d) either of or both the Houses reject the version of the Bill submitted to them in

terms of joint rule 188 (3).

Part 7: Procedure for mixed section 75/76 Bills

Note: The procedure for mixed section 75/76 Bills suggested below, is based on the following premises:

(1) A procedure can be provided only for mixed Bills introduced in -the Assembly Mixed Bills introduced in the Council are unconstitutional in that they contain section 75 provisions which cannot be introduced in the Council.

(2) Mixed Bills bound to lead to procedural confusion should be identified and disallowed at an early stage in the Assembly proceedings. A "screening " process for this purpose is essential.

(3) Procedural confusion can only occur -

(a) in the event of disagreement between the Houses; in other words when mediation, special NA majorities, etc., come into play; or

(b) when the two voting procedures in the Council lead to different results (see par. 7 below).

(4) Proper consultation between the Houses throughout the process (through conferring committees and joint committees) may minimise the likelihood of disputes between the Houses.

(5) The screening process should also apply to amendments.

(6) The Assembly and the Council should be able to convert mixed Bills into pure section 75 or section 76 Bills when a disagreement or a likelihood of a disagreement between the Houses arises.

(7) When a mixed Bill is referred to the Council, the Council should decide the Bill by a vote of provinces as well as by a vote of individual delegates.

(8) If this is done there is no need for the Council to distinguish between section .75 and section 76 provisions in the Bill.

(9) Provinces can give their mandates on the Bill as a whole.

(10) If procedural complications arise because of a disagreement between the Houses or when the two - voting procedures in the Council lead to different results, the mixed Bill should be split into separate

section 75 and section 76 Bills and be dealt with accordingly.

(11) Each Bill should be considered and decided separately the Council and then proceeded with in terms of the relevant rules applicable to section 75 and section 76 Bills respectively.

(12) If a procedure for mixed section 75/76 Bill s is politically acceptable, it would be advisable to refer the rules contained in this Part to the Constitutional Court for a ruling on their constitutionality. If the Court rules against this procedure, a constitutional amendment to authorise rules for such a procedure should be considered.

Note: The Joint Rules Committee approved Part 6 but decided that

implementation should be held in abeyance pending legal clarity on its validity.

Mixed section 75/76 Bills introduced in Assembly

191. (1)(a) lf a Bill introduced in the Assembly is classified or reclassified by the JTM as a mixed section 75/76 Bill, the JTM must decide whether the Bill may be proceeded with or ruled out of order.

(b) In reaching its decision the JTM may require the appropriate Assembly

portfolio and Council select committees to confer on the matter for advice.

(2) A mixed section 75/76 Bill must be ruled out of order unless —

(a) the Bill is of such a nature that a dispute between the Houses is unlikely to arise;

(b) the Bill is drafted in such a way that it would be possible to isolate the provisions in the Bill to which section 75 and section 76, respectively, apply should it become necessary during the proceedings —

(i) to split the Bill into two separate section 75 and section 76 Bills; or

(ii) to amend the Bill in order that it becomes either a section 75 or a section 76 Bill; or

(3) lf the JTM cannot agree whether the Bill should be proceeded with. or

ruled out of order, the Bill must be regarded as being out of order.

Consequence of decision

192. (1) A Bill ruled out of order may not be proceeded with in its format as a mixed section 75/76 Bill, but may be split into separate section 75 and section 76 Bills and reintroduced in the Assembly in terms of the Assembly rules.

(2) lf a Bill is not ruled out of order, it must be proceeded with in terms of the applicable Assembly rules, subject to joint rule 194.

Mixed section 75/76 Bills introduced in the Council

193. lf a Bill introduced in the Council is classified by the JTM as a mixed section 75/76 Bill, the Bill may not be proceeded with, but that part of it that falls within section 76 (3) of the Constitution may be separated and reintroduced as a separate section 76 Bill in the Council in terms of the Council rules.

Assembly amendments to mixed section 75/76 Bills

194. (1) An Assembly committee to which a mixed section 75/76 Bill may

have been referred in terms of the Assembly rules may confer with the corresponding Council select committee before it agrees to any amendments proposed in it or referred to it.

(2) lf the committees have conferred but cannot agree on amendments

proposed in or submitted to the Assembly committee, or if the Bill has been referred to a joint committee in terms of joint rule 166 or 170 and the joint committee cannot agree on amendments proposed in or referred to the joint committee, the Assembly may —

(a) instruct an Assembly committee -

(i) to split the Bill into separate section 75 and section 76 Bills; or

(ii) to amend the Bill in such a way that it may be reclassified as either a section 75 or a section 76 Bill;

(b) rule the Bill out of order in its format as a mixed 75/76 Bill, in which case joint rule 192 (1) applies; or

(3) The Assembly committee —

(a) must consult the person in charge of the Bill when carrying out an instruction in terms of subrule (2)(a); and

(b) may request the responsible Cabinet member or Deputy Minister to make a state law adviser and any departmental officials available to assist the committee in carrying out the instruction, if the Bill was initiated by the national executive.

(4) A split or amended Bill in terms of subrule (2)(a)(i) or (ii) must, after reclassification by the JTM, be proceeded with in terms of the applicable Assembly rules for section 75 or section 76 Bills.

Referral to Council

195. lf the Assembly approves the Second Reading of a mixed section 75/76 Bill the

Secretary must without delay submit the Bill to the Chairperson of the Council to deal with the Bill in terms of the Council rules.

Council amendments to mixed section 75/76 Bills

196. (1) A Council committee to which .a mixed section. 75/76 Bill may have been referred in terms of the Council rules may first confer with the appropriate Assembly committee before it agrees to any amendments proposed in it or referred to it.

(2) lf the committees have conferred but cannot agree on amendments proposed in or to the Council committee, or if the Bill has been referred to a joint committee in terms of joint rule 166 or 170 and the joint committee cannot agree on amendments proposed in or referred to the joint committee, the Council may -

(a) instruct a Council committee to split the Bill into separate section 75 and section 76 Bills; or

(b) proceed with the Bill in its format as a mixed section 75/76 Bill.

(3) The Council committee -

(a) must consult the person in charge of the Bill when carrying out an instruction in terms of subrule (2)(a); and

(b) may request the responsible Cabinet member or Deputy Minister to make available a state law adviser and any departmental officials to assist the committee in carrying out the instruction, if the Bill was initiated by the national executive.

(4) A split Bill in terms of subrule (2)(a), must after reclassification by the JTM be proceeded with in terms of the applicable Council rules for section 75 or section 76 Bills depending on its classification, provided that if the Bill is passed by the Council without amendments other than those technical adjustments necessary to effect the split, the Bill must nevertheless be referred to the Assembly as if it were a Bill amended by the Council.

Voting procedures in Council on mixed section 75/76 Bills

197. (1) If the Council proceeds with the Bill in its format as a mixed section 75/76 Bill, the Bill as a whole must be decided by the votes of provinces and by the votes of individual members in accordance with the procedures set out in the Council rules.

(2) The vote by provinces must be taken first.

(3) Any amendment proposals to the Bill must be decided by the Council in accordance with the same procedure as set out in subrules (1) and (2).

Process if Council passes mixed section 75/76 Bill

198. lf the Council passes a mixed section 75/76 Bill both by a vote of provinces and by a vote of individual delegates, the Secretary must without delay submit the Bill —

(a) to the President for assent if the Council has passed the Bill without amendments; or

(b) to the Speaker if the Council has passed an amended Bill or proposed amendments to the Bill.

Assembly must consider Council amendments

199. (1) lf the Council amends a mixed section 75/76 Bill, the Assembly must consider the amended Bill or amendment proposals in terms of its own rules, and either pass the Bill or reject the Council's amendment Bill or amendment proposals.

(2) lf the Assembly passes the Council's amended Bill the Secretary must without delay submit the Bill to the President for assent.

Process if Houses disagree

200. (1) A mixed section 75/76 Bill must be referred to the appropriate Assembly portfolio committee if —

(a) the Council rejects the Bill in terms of joint rule 197 (1) either by a vote of Provinces or by a vote of individual members or by both; or

(b) the Assembly rejects the Council's amended Bill or amendment proposals in terms of joint rule 199 (1).

(2) The committee must split the Bill as previously passed by the Assembly into separate section 75 and section 76 Bills, and for this purpose joint rule 194 (3) is applicable. When splitting the Bill the committee may not introduce amendments other than those technical amendments necessary to effect the split.

(3) After the JTM has classified the split Bills —

(a) the committee must table the Bills in the Assembly;

(b) the Assembly must deal with the section 75 Bill in terms of joint rule 183 (2), and

(c) the section 76 Bill must be referred to the Mediation Committee as if it is a Bill to which joint rule 133(1) applies, provided that the period referred to in joint rule 186 (3) runs from the day on which the Bill was tabled in the Assembly in terms of paragraph (a) of this rule.

(4) Any procedural complications may be referred to the Joint rules Committee for resolution.

Ways of splitting Bills

201. (1) If a mixed section 75/76 Bill is split in terms of these Rules, it may be done in the following ways:

(a) Amendment Bills Split the amendment Bill into two separate amend

Bills, the one containing all the amendments that must

be dealt with in terms of section 75 and the other all

amendments that must be dealt with in terms of section76.

(b) Substantive Bills: (i) Either split the Bill into two separate .sub

Bills, the one containing all the clauses that must

be dealt with in terms of section 75 and the other all the clauses that must be dealt with in terms of

section 76; or

(ii) delete either the clauses in the Bill that must be

dealt with in terms of section 75 or those that must be dealt with in terms of section 76 and move the deleted clauses to a separate amendment Bill which amends the main Bill by re-inserting the deleted clauses.

(2) If the subrule (1)(b)(ii) procedure is followed a House considering the Bills —

(a) must consider the two Bills together;

(b) must first decide the main Bill before it decides the amendment Bill;

(d) must make consequential adjustments to the amendment Bill if it passes amendments to the main Bill that affect the amendment Bill.

Part 8: Bills referred back by the President

Application

202. The provisions of this Part apply to Bills which the President, on account of reservations about their constitutionality, has in terms of section 79 of the Constitution referred back to the Assembly for reconsideration.

Assembly procedure

Referral to Assembly committee

203. (1) On receipt of a remitted Bill the Speaker must refer the Bill and the President's reservations to an Assembly committee.

(2) The committee —

(a) must consider, and confine itself to, the President's reservations;

(b) must confer with the corresponding Council committee if -.

(i) the reservations relate to a procedural matter that involves the

Council; or

(ii) the Bill concerned is a constitution amendment Bill that was passed also by the Council, or a section 76 or a mixed section 75/76 Bill; and

(3) lf the committee agrees with the President's reservations, the committee

must -

(a) recommend in its report how any procedural defect can be corrected, if the reservations relate to a procedural matter;

(b) present with its report an amended Bill correcting any constitutional defect in the substance of the Bill, if the reservations relate to the substance; or

(c) recommend that the Assembly rescind its decision to pass the Bill and reject the Bill, if it regards the Bill as being procedurally or substantively so defective that it cannot be corrected.

Debate and decision

204. (1) The Speaker must place the President's reservations and the committee's report, and, if an amended Bill is presented with the report, also the amended Bill, on the Order Paper for debate and decision.

(2) The debate in the Assembly must be confined to —

(a) the President's reservations;

(b) the matters dealt with in the committee's report; and

(3) No Assembly member may place any amendments to the Bill on the Order Paper.

(4) The Assembly must consider the Bill in view of the President's reservations and deal with the matter in terms of either joint rule 205, 206 or 208.

(5) The Assembly may refer the matter, including any amended Bill back to the committee for further consideration before it takes its decision.

Procedural defects

205. (1) A remitted Bill which according to the President's reservations is procedurally defective —

(a) must be returned to the President if the Assembly after having considered the President's reservations -

(i) decides not to accommodate the President's reservations; or

(ii) agrees with the President's reservations and could, and did, correct the procedural defect without involving the Council; or

(b) must be referred to the Council if the Assembly —

(i) after having considered the President's reservations agrees with the President's reservations; and

(ii) could not correct the defect without the Council's involvement, or if only the Council can correct the defect.

(2) Any procedural complications in parliamentary proceedings to correct a procedural defect may be referred to the Joint Rules Committee for resolution.

Substantive defects

206. (1) A remitted Bill which according to the President's reservations is defective because of its substance, must be returned to the President if the Assembly after having considered the President's reservations decides not to accommodate the President's reservations.

(2) If the Assembly accommodates the President's reservations and passes an amended Bill, the amended Bill must be -

(a) submitted to the President for assent if the amended Bill is —

(i) a constitution amendment Bill that in terms of section 74 may be passed by the Assembly alone; or

(ii) a section 75 Bill; or

(b) referred to the Council if the amended Bill is —

(i) a constitution amendment Bill that in terms of section 74 is required to be passed also by the Council; or

(ii) a section 76 Bill or a mixed section 75/76 Bill.

President's reservations to accompany Bill referred to Council

207. When a remitted Bill or an amended Bill is referred to the Council in terms of joint rule 205 (1)(b) or 206 (2)(b), the President's reservations must accompany the Bill.

Defects that cannot be corrected

208. (1) If a remitted Bill is either procedurally or substantively so defective that it cannot be corrected, the Assembly must consider rejection of the Bill.

(2) If the Assembly rejects a remitted Bill, the Bill may not be proceeded with, but this subrule does not prevent a Bill of similar substance from being re-introduced.

Council procedure

Referral to Council committee

209. (1) On receipt of a remitted Bill or an amended Bill referred to the Council in terms of joint rule 205 (1)(b) or 206 (2)(b), the Chairperson of the Council must refer the President's reservations and the Bill to a Council committee.

(2) The committee —

(a) must consider, and confine itself to, the President's reservations;

(b) may confer with the corresponding Assembly committee on any matter concerning the President's reservations; and

(3) If the committee agrees with the President's reservations, the committee

must —

(a) recommend in its report how any procedural defect in the Council's proceedings can be corrected, if the reservations relate to a procedural matter; or

(b) report whether it agrees with the amended Bill passed by the Assembly, if the Assembly has passed such a Bill, or recommend rejection of that Bill.

Debate and decision

210. (1) The Chairperson of the Council must place the President's reservations and the committee's report, and, if an amended Bill was passed by the Assembly also the amended Bill, on the Order Paper for debate and decision.

(2 The debate in the Council must be confined to -

(a) the President's reservations;

(b) the matters dealt with in the committee's report; and

(3) No Council member or committee may propose amendments to the Bill as referred to the Council.

(4) The Council must consider the President's reservations and deal with the matter in terms of either joint rule 211 or 212.

(5) The Council may refer the matter back to the committee for further consideration before it takes its decision.

Procedural defects

211. (1) A remitted Bill which according to the President's reservations is procedurally defective must be returned to the President if the Council -

(a) decides not to accommodate the President's reservations; or

(b) agrees with the President's reservations and corrects the procedural defect.

(2) Any procedural complications in parliamentary proceedings to correct a procedural defect may be referred to the Joint Rules Committee for resolution.

Substantive defects

212. (1) If the Council passes a Bill amended by the Assembly to correct a substantive defect, the Bill must be referred to the President for assent.

(2) If the Council rejects the Assembly's amended Bill, the Bill must be referred to the Mediation Committee. If it is a mixed 75/76 Bill, joint rule 200 applies.

(3) An amended Bill referred to the Mediation Committee must be dealt with in terms of the mediation procedure prescribed for -

(a) constitution amendment Bills, if the Bill is a constitution amendment Bill; or

Part 9: Time limits and fast tracking

Adherence to time limits

213. A time limit set for the completion of any step in the legislative process is compulsory and must be complied with by the person, structure, committee, forum or House to which it applies.

Extensions

214. (1) If it is not possible to meet a time limit set for a particular step in the legislative process, the affected person, structure, committee, forum or House must bring the fact and circumstances of the delay, within a reasonable time before the time limit expires, to the attention of the Joint Programme Committee or its subcommittee and request the Committee or subcommittee to grant an extension or to take such steps as are within the competence of the Committee or the subcommittee.

(2) The Joint Programme Committee or its subcommittee may grant a request or take such other steps as are necessary to ensure that the time limit is met.

Time limits concerning voting on a Bill in a House or committee

215. If a time limit for a decision on a Bill in a committee or a House is not met and no extension was given in terms of joint rule 214, the Bill must be put to the vote in the House without delay.

Fast-tracking

216. (1) (a) Only the person in charge of a Bill or, if it is a Bill initiated by the

national executive, the Leader of Government Business in Parliament, may make a request for the fast tracking of a Bill.

(b) The request must be properly motivated.

(2) On receipt of a request in terms of subrule (1) the Joint Programme Committee or its subcommittee may -

(a) dispense with any joint rule or any Assembly or Council rule that may impede prompt passage of an urgent Bill in the proceedings of Parliament, depending on the degree of urgency;

(b) shorten any period within which any step in the legislative process relating to the Bill must be completed; or

(3) The subcommittee of the Joint Programme Committee may take a decision in terms of subrule (2) only when the Speaker and the Chairperson of the Council are present at the meeting.

(4) Any decision taken by the Joint Programme Committee or its subcommittee in terms of subrule (2) must be tabled in each House on its first sitting day after the decision was taken, for ratification by the House.

(5) lf the one House ratifies a decision mentioned in subrule (4) and the other House refuses to ratify it, the decision must be referred to the Joint Rules Committee for resolution in accordance with the procedure set out in joint rule 57 (2) and (3).

(6) A Bill is an urgent matter -

(a) if a delay in its passage in the proceedings of Parliament may seriously affect the interests of the state or the general public; or

(b) if other exceptional circumstances require prompt passage of the Bill.

Part 10: General matters concerning the legislative process

Designation of members to be in charge of Bills in other House

217. (1) A Council member designated by the Assembly member in charge of a Bill introduced in the Assembly, must be regarded as the person in charge of the Bill in the Council proceedings.

(2) An Assembly member designated by the Council member in charge of a Bill introduced in the Council which was not initiated by the national executive, must be regarded as the person in charge of the Bill in the Assembly proceedings.

(3) Subrule (1) does not apply to Bills introduced by a Cabinet member or a Deputy Minister.

Distribution of copies of Bills

218. (1) The Secretary must supply to each Assembly member and permanent member of the Council and also to the Speaker of each provincial legislature a copy of —

(a) each Bill or amended Bill;

(b) any documents accompanying a Bill on introduction; and

(2) Documents mentioned in subrule (1) and destined to be tabled in or presented to the Assembly, must be distributed to Assembly and Council members not later than the day they are tabled or presented, unless the Speaker directs that they be distributed earlier.

(3) Documents mentioned in subrule (1) and destined to be tabled in or presented to the Council, must be distributed to Council and Assembly members not later than the day they are tabled or presented, unless the Chairperson of the Council directs that they be distributed earlier.

Announcements concerning progress with Bills

219. (1) The Secretary must update Assembly and Council members on a regular basis concerning the progress with Bills in the legislative process by appropriate announcements in the ATC.

(2) At least the following must be announced in the ATC:

(a) The appearance of a notice in terms of the Assembly or Council rules —

(i) that a Bill is to be introduced; or

(ii) that the introduction of a Bill will not be proceeded with.

(b) The publication of the text of a draft Bill or an explanatory summary of a draft Bill for public comment.

(d) The introduction of a Bill in the Council on behalf of a Cabinet member

or Deputy Minister.

(e) The referral of a Bill to the JTM for classification.

(f) The JTM'S classification of and findings on a Bill.

(g) The referral of a Bill to an Assembly or Council committee or a joint

committee.

(h) Any instructions concerning the consideration of a Bill issued by -'

(i) the Speaker to an Assembly committee;

(ii) the Chairperson of the Council to a Council committee; or

(iii) the Speaker and the Chairperson, acting jointly, to a joint committee.

(i) The tabling of a committee report in the Assembly or the Council or in both.

(j) The referral of a Bill from one House to the other.

(k) The referral of a Bill to the Mediation Committee.

(l) The result of mediation in the Mediation Committee.

(m) The setting or extension of any time limit for the completion of any step in the legislative process concerning a Bill

(n) Any decisions taken on fast tracking of Bills.

(o) Bills passed, rejected or withdrawn or which have lapsed or are not or may not be proceeded with.

(p) The referral of a Bill to the President for assent.

(q) Bills sent back by the President on account of reservations concerning their constitutionality.

(r) Any decisions on remitted Bills.

(s) The names of the members of a joint committee, an Assembly committee or a Council committee, including a subcommittee.

Language requirements for Bills

220. (1) A Bill introduced in either the Assembly or the Council must be in one of the official languages. The Bill in the language in which it is introduced will be the official text for purposes of parliamentary proceedings.

(2) The official text of the Bill must be translated into at least one of the other official languages before the official text is sent to the President for assent.

[NCOP Subcommittee proposes that subrule (2) be replaced as follows:

(2) When a Bill is introduced it must be accompanied by at least one official translation].

(3) The cover page of a Bill must specify which language version is —

(a) the official text; and

(b) an official translation.

(4) In parliamentary proceedings only the official text of a Bill is

considered, but the Secretary must ensure that all amendments to the official text are reflected in the official translation or translations.

Referral of Bills to President for assent

221. When the official text of the Bill is sent to the President for assent it must be accompanied by the official translation or translations.

Subsequent amendments

222. (1) If an Act passed after the adoption of joint rule 220 is amended, the official text of the amendment Bill amending that Act may be in any of the official languages.

(2) If the official text of the Bill is not in the same language as the signed text of the Act that is amended, then one of the official translations of the Bill must be in the language of the signed text.

CHAPTER 5

STOPPING OF FUNDS TO PROVINCES

Tabling of motion to approve stopping of funds

223. (1) If the national treasury stops the transfer of funds to a province in terms of section 216 of the Constitution, the Minister of Finance must without delay—

(a) table a motion in the Assembly seeking parliamentary approval for the stopping of the funds; and

(b) explain the reasons why funds for the province have been stopped.

(2) Such proceedings take precedence over other business of the Assembly.

(3) No debate is allowed.

Note: In terms of section 216 of the Constitution the stopping of the transfer of funds to a province is an executive initiative for which parliamentary approval is required. The section requires the parliamentary process to be completed within 30 days. If Parliament is in recess when the funds are stopped it might be a proper case for the President to summon Parliament to an extraordinary sitting in terms of section 42(5) of the Constitution.

Establishment of ad hoc joint committee

224. (1) The Speaker must refer the motion for a report and recommendation to an ad hoc joint committee which, despite joint rule 138, must be established for this purpose by the Speaker and the Chairperson of the Council, acting jointly. The ad hoc joint committee must be known as the Joint Ad Hoc Committee on Intervention in Provincial Funding.

[NCOP Subcommittee proposes the insertion of the following subrule:

(1A) The ad hoc joint committee consists of —

(a) a number of Assembly members appointed in such a way that —

(i) the number of Assembly members is equal to the number of Council members appointed in terms of paragraph (b);

(iii) the parties in the Assembly are represented in substantially the same proportion that they are represented in the Assembly, provided that each party is represented by at least one member; and

(b) a number of Council members appointed in such a way that —

(i) each province is represented by two members; and

(ii) each party in the Council that does not have the majority of seats in at least one provincial legislature, is represented by one member.]

(2) Joint rules 140 and 141 apply to the ad hoc joint committee established in terms of subrule (1).

Functions of ad hoc joint committee

225. The ad hoc joint committee to which the motion is referred must —

(a) allow the Auditor-General to report to it on the matter as envisaged in section 216(5)(a) of the Constitution, either verbally or in writing;

(b) investigate the reasons for the stopping of the funds to the province;

(d) recommend either approval or rejection of the motion; and

(e) report to both Houses within five working days.

[NCOP Subcommittee proposes addition of the following subrule:

(4) If the two components of the ad hoc joint committee cannot agree on

either approval or rejection of the motion, each component must report separately to its House.]

Assembly proceedings

226. (1) The motion and the ad hoc joint committee's report and recommendation must be put on the Order Paper on the first sitting day of the Assembly after the committee has submitted its report and recommendation.

(2) Debate and decision of the motion take precedence over other business of the

Assembly.

(3) If the Assembly -

(a) approves the motion, the Secretary must without delay submit the motion to the Chairperson of the Council; or

(b) rejects the motion, the decision of the national treasury to stop the transfer of funds lapses in terms of section 2l6 of the Constitution.

Council's proceedings

227. (1) The motion and the ad hoc joint committee's report and recommendation must be put on the Order Paper on the first sitting day of the Council after referral of the motion to the Council, provided it takes place within three working days of the Council.

(2) Debate and decision of the motion take precedence over other

business of the Council.

(3) The Council must either approve or reject the motion.

Referral to Mediation Committee

228. (1) If the Council rejects the motion, the motion must be referred to the Mediation Committee, which may agree either on approval or rejection of the motion.

(2) If the Mediation Committee is unable to agree within three working days of the motion's referral to it, the motion lapses unless the Assembly again approves it but with a supporting vote of at least two thirds of its members.

Compliance with constitutional time limit

229. The Speaker and the Chairperson of the Council, acting jointly, may take such steps as are necessary to facilitate resolution of a motion within the time limit of 30 days as determined by section 216(3)(b) of the Constitution.

Renewal of parliamentary approval

230. If Parliament approves a decision to stop the transfer of funds to a province that decision may be renewed by Parliament for no more than 120 days at a time, following the process set out in joint rules 223 to 229.

SCHEDULE

CODE OF CONDUCT FOR ASSEMBLY AND PERMANENT COUNCIL MEMBERS

Definitions

1. (1) In this Schedule, unless the context otherwise indicates —

"Committee" means the Joint Committee on Ethics and Members' Interests established by joint rule 121;

"member" means —

(a) a member of the Assembly; or

(b) a permanent member of the Council;

"permanent companion" means a person who is publicly acknowledged by a member as that member's permanent companion;

"registrable interests" means financial interests listed in item 7, and, in relation to a member, includes the financial interests of that member's spouse, dependent child and permanent companion;

"Registrar" means the Registrar of Members' Interests appointed in terms of item 3;

"Register" means the Register of Members' Interests opened in terms of item 4(a);

"remuneration" means receipt of benefits in cash or in kind;

"this Code" means the Code of Conduct for Assembly and permanent Council members set out in this Schedule.

(2) Where any doubt exists as to the scope, application or meaning of any aspect of this Code, the good faith of the member concerned must be the guiding principle.

Part l: Disclosure of registrable interests

Role of Committee

2. The Committee performs the functions mentioned in joint rule 124 in accordance with this Code.

Registrar of Members' Interests

3. (1) The Committee must be served by a senior official on the staff of Parliament appointed by the Speaker and the Chairperson of the Council, acting jointly, after consulting the leaders of parties represented in the Assembly and the Council.

(2) The Registrar must be assisted by staff assigned by the Secretary for

the work of the Committee.

Registrar's functions

4. (1) The Registrar must -

(a) open and keep a register for the purposes of this Code, called the Register of Members' Interests; and

(b) record in the Register particulars of members' registrable interests;

(d) perform the other duties in connection with to the implementation of this Code as required by the Committee.

(2) The Registrar performs the functions of office in accordance with the

directions of the Committee.

5. The Register must —

(a) have a confidential part and a public part;

(b) contain the information regarding the members' registrable interests as the Committee may determine; and

Disclosure of registrable interests

6. (1) Members must disclose to the Registrar, on the form prescribed for this purpose by the Committee, particulars of all their registrable interests.

(2) The first disclosure must be within 30 days of the opening of Parliament after an election, in the case of an Assembly member, or of a member's appointment as a member, in the case of a permanent Council member. If a member has no registrable interests, a "nil" return must be submitted.

(3) After the first disclosure, members must annually disclose particulars of their registrable interests at a time determined by the Committee.

Kinds of interests to be disclosed

7. The following kinds of financial interests are registrable interests:

(a) shares and other financial interests in companies and other corporate entities;

(b) remunerated employment outside Parliament;

(d) consultancies;

(e) sponsorships;

(f) gifts and hospitality from a source other than a family member or permanent

companion;

(g) any other benefit of a material nature;

(h) foreign travel (other than personal visits paid for by the member, business visits unrelated to the member's role as a public representative and official and formal visits paid for by the state or the member's party);

(i) ownership and other interests in land and property; and

(j) pensions.

Details of registrable interests to be disclosed

8. The following details of registrable interests must be disclosed:

(a) Shares and other financial interests in companies and other corporate entities:

(i) The number, nature and nominal value of shares of any type in any public or private company;

(ii) the name of that company; and

(iii) the nature and value of any other financial interests held in a private or public company or any other corporate entity.

(b) Remunerated employment outside Parliament:

(i) The type of employment;

(ii) the name, and type of business activity, of the employer; and

(iii) the amount of the remuneration received for such employment.

(i) The name, and type of business activity, of the corporate entity or

partnership; and

(ii) the amount of any of remuneration received for such directorship or partnership.

(d) Consultancies:

(i) The nature of the consultancy or any retainership of any kind;

(ii) the name, and type of business activity, of the client concerned; and

(iii) the amount of any remuneration or other benefits received for such consultancy or retainership.

(e) Sponsorships:

(i) The source and description of direct financial sponsorship or assistance

from non-party sources; and

(ii) the value of the sponsorship or assistance.

(f) Gifts and hospitality:

(i) A description and the value and source of a gift with a value in excess of R350;

(ii) a description and the value of gifts from a single source which

cumulatively exceed the value of R350 in any calendar year; and

(iii) hospitality intended as a gift in kind.

(f) Benefits:

(i) The nature and source of any other benefit of a material nature; and

(ii) the value of that benefit.

(g) Foreign travel:

(i) A brief description of the journey abroad; and

(ii) particulars of the sponsor.

(h) Land and property, including land and property outside the Republic:

(i) A description and extent of the land or property;

(ii) area in which it is situated;

(iii) nature of interest.

(i) Pensions:

(i) The source of the pension; and

(ii) the value of the pension.

Entries in Register

9. (1) The Registrar must record all details of registrable interests in the public

part of the Register, except the following which may be recorded in the confidential part:

(a) The value of financial interests in an entity other than a private or public company.

(b) The amount of any remuneration for any employment outside Parliament.

(d) Details of foreign travel when the nature of the visit requires those details to be confidential.

(e) Details of private residences.

(f) The value of any pensions.

(g) Details of all financial interests of a member's spouse, dependent child or permanent companion to the extent that the member is aware of those financial interests.

(2) Where any doubt exists as to whether any financial interests must be

disclosed, the member concerned must act in good faith.

(3) Despite subitem (1) the Committee may on good cause instruct the

Registrar to record any details of any of a member's registrable interests in the confidential part of the register.

Confidential part of Register

10. (1) Only a Committee member, the Registrar and staff assigned to the Committee has access to the confidential part of the Register.

(2) No person who has access to the confidential part of the Register

may, except when a court so orders, disclose particulars of any entry in the confidential part to anyone other than the member concerned or another person who has such access.

(3) A Committee member who contravenes subitem (2) -

(a) is liable to a reduction of up to 30 days' salary; and

(b) becomes ineligible to continue as a Committee member.

(4) The Registrar or a staff member who contravenes subitem (2) is

subject to disciplinary action applicable to parliamentary staff, including dismissal.

Public part of Register

11. (1) Any person has access to the public part of the Register on a working day during office hours.

(2) The Registrar must publish the public part of the Register during

April of each year in a manner determined by the Committee.

[Note: NCOP Subcommittee is of the view that a clear line of responsibility should be established on the correctness of the particulars in the Register when those particulars are published.]

Part 2: Ethical conduct

Declaration of private interests to parliamentary committees and forums

12. A member must -

(a) declare any personal or private financial or business interest that that member or any spouse, permanent companion or business partner of that member may have in a matter before a joint committee, committee or other parliamentary forum of which that member is a member; and

(b) withdraw from the proceedings of that committee or forum when that matter is considered, unless that committee or forum decides that the member's interest is trivial or not relevant.

Declaration of private interests when making representations

13. If a member makes representations as a member to a Cabinet member or any other organ of state with regard to a matter in which that member or any spouse, permanent companion or business partner of that member has a personal or private financial or business interest, that member must declare that interest to that Cabinet member or organ of state.

Lobbying for remuneration

14. No member may lobby for remuneration.

Remunerated employment outside Parliament

15. A member may only engage in remunerated employment when such employment is —

(a) sanctioned by the political party to which the member belongs; and

(b) compatible with that member's function as a public representative.

Part 3: Breaches of the Code

What constitutes a breach

16. A member breaches this Code if the member —

(a) contravenes or fails to comply with a provision of this Code;

(b) when disclosing registrable interests, wilfully provides the Registrar with incorrect or misleading details.

Investigations by Committee

17. (1) The Committee, acting on its own or on a complaint by any person through the office of the Registrar, may investigate any alleged breach by a member of this Code.

(2) The Committee may determine its own procedure when

investigating any alleged breach but must at least hear the complainant and the member against whom the complaint is lodged.

(3) If the matter concerns a registrable interest recorded in the confidential part of the Register or which is regarded as confidential by the Committee, the proceedings of the Committee may be held in closed session.

Note: As a Joint Committee, the Committee has all the powers vested in Joint Committees in terms of joint rule 32.

Findings

18. (1) At the conclusion of its investigation, the Committee must make a finding supported by reasons, on the alleged breach of this Code.

(2) The finding and the reasons for the finding must be made public.

(3) If the hearing was in closed session a summary of the facts must be

disclosed.

Penalties

19. The Committee must recommend the imposition of one or more of the following penalties where it has found that a member has breached a provision of this Code —

(a) a reprimand;

(b) a fine not exceeding the value of 30 days' salary;

(d) the suspension of privileges or a member's right to a seat in Parliamentary debates or committees for a period not exceeding 15 days.

Committee to report to appropriate Houses

20. (1) Within 7 days of making a finding, the Committee must report its finding and its recommendation as to penalties, if any, to the appropriate House.

(2) If the Committee recommends a penalty, the House must either —

(a) accept or reject the recommendation; or

(b) refer the matter back to the Committee for further consideration.

(3) If the House has accepted the Committee's recommendation, the Speaker or the Chairperson of the Council must act on such decision promptly.

24 March 1999 / 21:40 / JOINTRUL.DOC/jn

Appendix 2: Report: Delegated Legislation Subcommittee - 24/3/99

REPORT OF JOINT SUB COMMITTEE ON DELEGATED LEGISLATION TO THE JOINT RULES COMMITTEE

24 March 1999

Submitted by: Ms L B Ngwane (chairperson)

The Joint Sub Committee on Delegated Legislation, having considered the report of the consultant on the scrutiny of delegated legislation by Parliament agrees with the recommendations contained in the report which can be enumerated as follows:

1. The bare essentials of the proposals for a workable and inexpensive means of

Parliamentary scrutiny of delegated legislation would proceed through two

routes and could be captured in the following set of principles:

1.2 The adoption of legislation by Parliament (perhaps called the Review of Delegated Legislation Act) which would stipulate at least the following:

1.3 A definition of the types of delegated legislation to which the Act applied, including at least all generally applicable and binding regulations, proclamations, rules, guidelines, standards, codes and bylaws made by any organ of state, as defined in section 239 of the 1996 Constitution, which operates in the national sphere;

1.4 A general obligation on the executive lawmaker of all such delegated legislation to table it in Parliament in draft form prior to general promulgation, giving Parliament at least thirty sitting days' notice of intention to adopt it as law;

1.5 The power of Parliament to disapprove such delegated legislation in part or whole, by resolution adopted by majority vote either before or within thirty sitting days after promulgation in the Gazette, provided that such disapproval should be signified by majority vote in each House of Parliament, and further that such motion for disapproval should be

initiated solely by the Joint Scrutiny Committee (see below) where the reason for such motion is technical or procedural in nature, but solely by the relevant Portfolio Committee where the reason for such motion is substantial or constitutional in nature;

1.6 the establishment and maintenance of a Central Register of all delegated legislation to which the Act applies, prospectively from the date on which the Act comes into force, and available both in hard copy and electronically, so as to facilitate public access to its contents; and

1.7 the automatic lapsing of the validity of all delegated legislation to which the Act applies after an initial period of its coming into force (say five years), and periodically after that.

2. The establishment under the Joint Rules of Parliament of a Joint Scrutiny Committee (or, perhaps more accurately, a Joint Committee for the Scrutiny of Delegated Legislation) and the description in a new Joint Rule of:

2.1 the composition of the membership of such Committee, drawn from both Houses of Parliament and all parties represented in it, co-chaired by a member from each House;

2.2 The role and duties of a sub-committee of the Joint Scrutiny Committee, whose members are drawn from the NCOP and whose particular brief it would be to monitor the effects of delegated legislation, as defined, on provincial interests and powers, and which would play a particular advisory role to the whole House in regard to the application of sections 146(3) to (6) of the Constitution;

2.3 the terms of reference for the Committee, including the standards against which scrutiny should take place, which should include at least the following:

- sufficient compliance with appropriate or required pre-adoption procedures, including consultation with relevant bodies;

- potential encroachment on the founding provisions in section 1 and the fundamental rights contained in Chapter 2 of the Constitution;

- non-compliance with the duties imposed by the rights to just administrative action contained in s33 and the basic values and principles governing public administration contained in s195 of the Constitution;

- unlawful lawmaking activity by the executive, in that such body exceeded the authority granted to it by Parliament (ultra vires action):

this act of scrutiny almost inevitably involves the further scrutiny of the constitutionality of the empowering Act of Parliament itself in so far as it grants powers to the executive; or

- that the executive lawmaker is in some sense usurping the constitutionally proper legislative authority of Parliament.

3 the general responsibilities of the Committee, for example:

- that it should endeavour to operate in as objective a manner as possible as regards party political interests;

- that its scrutiny should focus on a review of the procedure and impact of delegated legislation, rather than the policy expressed in it;

- that it should meet as often as necessary, but at least every fortnight during sessions, and at least monthly during recess;

- that it should alert all MPs speedily and simply to possible shortcomings of delegated legislation, after having given the originating authority an opportunity to comment on and if necessary to rectify the matters raised;

- that its function should cease after such alert, except if the disapproval procedure becomes necessary, and that the relevant Portfolio Committee should then assume monitoring responsibility, to which end each such Committee should establish a Sub Committee on Delegated Legislation; and

- that it should be assisted by sufficient logistical support, which might be drawn from existing staff in Parliament and/or might make use of part time professional advice.

The Joint Sub Committee on Delegated Legislation submits the report for consideration by the Joint Rules Committee.

Appendix 3: Report of Joint Subcommittee on Members' Support for Parliamentary Term, 1994-1999

Report: Members' Support Subcommittee - 24/3/99

OVERALL REPORT OF THE JOINT SUBCOMMITTEE ON SUPPORT FOR MEMBERS FOR THE PARLIAMENTARY TERM 1994-1999

Submitted by:

Co-Chairpersons : Mr. D. Montsitsi & Mr. J. Selfe

TABLE OF CONTENTS

Introduction

1.1. History and background

1.2. Joint Subcommittee activities

1.2.1 Member Support Committee

1.2.2 Joint Subcommittee on Support for Members

1.2.2(a) Policies and procedures

1.2.2(b) Training programme

1.2.2(c) Computer Training Centre

1.3. Future projects and activities

1.3.1 Induction programme

1.3.2 Training programme

1.4. Recommendations

1.5. Conclusion

Appendixes:

Member Requirements

1998 Training Program

1. Introduction

The Member Support Committee is one of those virgin areas of responsibility for Parliamentarians in the new found democracy established in 1994. The practical problems faced by Members in their daily tasks and the interaction of the Member Support Committee with officials on one hand and the Members on the other hand, shaped and gave direction to this dynamic structure much to the surprise and chagrin of us all.

This report covers the activities of the Joint Subcommittee on Support for Members over the period from June 1996 to March 1999. It is divided into the following components:

1.1 History and background of the Joint Subcommittee,

1.2 Joint Subcommittee activities

1.3 Future Projects

1.4 Recommendations

1.5 Conclusion

1.1 History and background

In the middle of June 1996 , an ad hoc committee of the National Assembly, chaired by the Deputy Speaker was formed to champion the interests of Members. It was known as the Member Support Committee. Its terms of reference were developed and adopted by the Whips Forum of the National Assembly to whom the committee is reporting.

Aims and Objectives

- To be a conduit through which needs of members were considered and channelled.

- To ensure that resources allocated for programmes were spent in accordance with agreements reached between all parties Parliament and any donors.

- To give shape and guidance to the members' training and development in Parliament.

- To develop certain acceptable standards of service and resources to Members of Parliament sufficient to ensure good performance in their duty.

- To recommend and development rules and policies that enhance the performance of Members.

- To attend to specific needs of Members in respect of but not limited to travel, railing, relocation, claims. transport to and from work, secretarial research and technological back up etc.

- To persuade Parliament to allocate and direct more resources to those areas of need for Members.

1.2 Committee Activities

The Committee activities are further divided into two parts, the activities of the National Assembly component of Member Support Committee before the adoption of the Joint Rules and the Joint Subcommittee on Support for Members after the adoption of the Joint Rules.

1.2.1 Member Support Committee

National Assembly component of the Member Support Committee has gone into considerable effort to establish the needs of Members in carrying out their parliamentary work effectively and efficiently. (A summary of established member requirements is attached). These projects include:

a) Commissioning research to assess the needs of Members.

b) Training needs asses5ment for Members was done in 1996

c) Development and conducting of training program for Members

d) Negotiations with European Union Program Management Union for adequate support for Members, e.g. computers.

The workload experienced by the Committee necessitated the employment of the full time committee co-ordinator to give shape and direction to the committee, and in January 1998 Mr. M. Nyikana was appointed as the co-ordinator.

1.2.2 Joint Subcommittee on Support for Members

In November 1997 the Joint Rules Committee adopted a resolution establishing the Joint Subcommittee on Support for Members. The terms of reference of this Joint Subcommittee is to make recommendations to the Joint Rules Committee, on the development. formulation or adoption of policies and procedures that will improve the efficient and effective functioning of Members of National Assembly and National Council of Provinces in consultation, where these recommendations have financial implications, with the Budget Subcommittee. Secondly. to monitor and oversee the implementation of policies on the matters referred to above.

These activities of the Joint Subcommittee on Support for Members from January to December 1998 focused on the following areas:

a) Policies and Procedures

b) Training of Members

c) Computer Training Centre

a) Policies and procedures

In 1998. the Joint Subcommittee. has held a total of twelve meetings which included two joint meetings with the Budget Subcommittee. Policies and procedures formulated by the Joint Subcommittee with far reaching consequences for Members were tabled at these meetings. Certain of these recommendations were approved whilst others were either rejected or decision thereon postponed to a later date. Herewith is a summary of the Joint Subcommittee recommendations on policies and procedures approved by the Joint Rules Committee.

- Formula or the basis for the allocation of budget to Parties.

- Claim procedures for Members.

- Issuing of warrant tickets in 1999.

- Journeys by motor vehicle.

- Relocation allowance.

- Quota of air journeys.

Policies and procedures which are waiting finalisation:

- Computer Ownership

- Computer insurance

a (1) Budget Formula

Among the achievements of the Subcommittee is the development of the formula for the determination of budget for Members. The document is called the 'Pierre Cronje" document after its author and former member of the Committee.

The document has been adopted in principle as a guide and blue print to future budgets of Members It captures the majority' of needs of Members.

It is designed in such a way that figures attached to items will vary from year to year, and there is room to add other items as needs arise. It is not a perfect document as it needs refining and amending in certain areas. but by and large it serves as a basic guideline for the budget allocation to parties.

It is recommended that the formula should not be tempered \\ith under any circumstances. otherwise one runs the risk of having important items on the agenda of this budget disappearing never to resurface. It is incumbent upon all Chairpersons of committees. Whips and Members to protect the formula.

b) Training of Members

In terms of the 1998 training programme. all workshops planned for the year took place. with the exception of computer training. planning and policy formulation and conflict resolution training. The training courses which took place were media understanding and training. legislative processes and procedures. speed reading, budget processes and public speaking and debate techniques. A total of 565 participants from both the National Assembly and the National Council of Provinces attended one or more of the sessions. (See the attached copy of the completed training program).

Most of the sessions that took place were well received by Members. In the evaluation forms submitted, and in informal conversations, all Members seemed to have learned valuable skills and have thus increased their skills base, and could have gained more had the courses been of longer duration. The training courses that did not take place, were for various reasons, which would be dealt with under constraints and concerns.

Constraints and concerns

Despite the achievements recorded in these sessions, it is however worth mentioning that obstacles were encountered in the effort to provide quality training for Members. These are

- Computer training was delayed until all Members had access to computers. However to date computers are still awaited.

- The parliamentary programme for the second semester was overloaded with bills for passage to such an extent that dates set aside for training were used for more pressing matters.

- Non-attendance of Members at training sessions.

- Lack of institutional support system for the training of Members.

- Lack of support from parties.

- Ineffective evaluation mechanism indirectly caused by the above.

- Committee work ongoing during training sessions.

- Lack of a budget for refreshments.

- Entry and exit during sessions by Members, which is disturbing.

c) Computer Training Centre

The Computer Training Centre which is sponsored by Telkom is completed. It is situated at New Wing building in room E. 538. It has 20 computers, 1 printer. 1 scanner. an all round table. 20 chairs and a cabinet. and is connected to internet.

[t will be used for among th1' many things as computer training facilities for members, research etc.

It is a product of negotiations between the Joint Subcommittee Chairperson. the Coordinator and Institutional Support Divisional Head with the Ministry of Communications and the Department and later Telkom.

1.3 Future Projects and Activities

1.3.2 Induction Programs for Members during 1999

There are processes unfolding at the same time. the development and production of the information guide for Members. and the development of the induction program. An Induction Steering Committee comprising of staff members only, was formed to facilitate the implementation of the above process.

a) Manual development

The manual which is still being developed will focus on but not limited to House

procedures, Members salaries and benefits, legislative processes, committee work, information on parliamentary administration, code of conduct details, provision of plan precincts, etc. building and grounds and miscellaneous.. The set deadline for the production of the first draft is 21 April 1999. It will be circulated to all relevant stakeholders for input.

b). Induction Programme

A draft induction program was developed by the Induction Steering Committee. It has been circulated to all Members of the Subcommittee on Support for Members and all the Chief Whips for input.

1.3.1 Training Program for Members during 1999

The Joint Subcommittee has prepared a training programme for Members for 1 999~ The programme focuses on new and current Members who will serve in the next Parliament. The program is designed in such a way that there is room for flexibility, should other training needs arise, which can either be committee or party specific.

1.4. Recommendations

- Training needs of Members needs to be reviewed in the light of experience.

- Political parties must ensure that their Members are attending all training sessions they undertake to attend.

- Time allocated for training needs to be increased from 3 half days to 3 full days a term/semester.

- Training should form part of the program of parliament and in this regard there should be close liaison with the Programming Committee.

- Other training which is party specific should be organised and managed by political parties on behalf of its Members

- As the Joint Subcommittee's activities unfolded. a need for an administrative assistant in the office of the Co-ordinator has been identified. and as indicated in the previous quarterly reports. It is envisaged that such an incumbent will provide administrative backup to the Co-ordinator in order to ensure effective and efficient functioning of the office. This position needs to be filled as soon as possible.

- It has been noted that the activities of some subcommittees of the Joint Rules Committee overlap, and there might be a possibility of duplication of services. The matter is still under discussion by the subcommittee.

1.5. Conclusion

Despite the teething problems experienced, a considerable amount of work one can be proud of was done by the Joint Subcommittee, and there is still a lot of ground to be covered in the future.

In short the Subcommittee has developed into a structure unenvisaged by all of us, a champion of Members' interests, akin to a trade union in a factory floor for workers.

The setbacks experienced in this term will be used as a source of strength in order to improve the operations of the Joint Subcommittee in the future Parliament.

On behalf of the Joint Subcommittee I would like to thank all Members of the Joint Subcommittee for their valuable contributions. and urge those parties whose Members did not attend the meetings regularly in this parliamentary term to do so in the next term.

Appendix 4: Report on Joint Subcommittee on Internal Arrangements to Joint Rules Committee plus Artworks Lending Policy

Report: Internal Arrangements Subcommittee - 24/3/99

REPORT ON JOINT SUBCOMMITFEE ON INTERNAL ARRANGEMENTS

TO JOINT RULES COMMITTEE

The Joint Subcommittee on Internal Arrangements was constituted on 13 March 1998 in terms of the Joint Rules of Parliament (As approved by the Joint Rules Committee) 19 November 1997.

The Joint Subcommittee on Internal Arrangements consists of NA and NCOP members. The NA component consists of die Deputy Speaker, eight members of the majority party in the Assembly, two members of the largest minority party in the Assembly and one member of each of the other minority parties in the NA. The NCOP component consists of the permanent Deputy Chairperson of the Council and one member of each party in the Council.

The Deputy Speaker and the permanent Deputy Chairperson of the Council are the co-chairpersons of the Subcommittee.

The Subcommittee may -

(a) make recommendations to the Joint Rules Committee on the development, formulation or adoption of policy regarding the administration and management of Parliament, including -

(i) staff;

(ii) infrastructure;

(iii) household services and catering;

(iv) human resource development and training;

(v) information systems and the library; and

(vi) public relations and public education;

(b) monitor and oversee the implementation of policy on the matters referred to in paragraph (a) and make recommendations in this regard to the Joint Rules Committee; or

At the first meeting of the Joint Subcommittee on Internal Arrangements on 24 March 1998, it was agreed that the minutes of previous joint meetings of the Internal Affairs Committee of the NCOP and the Internal Arrangements Committee of the NA would not be adopted, but only be noted and taken into consideration during relevant discussions of this newly established Committee.

This report highlights the major issues which this Committee has addressed and on which it made policy recommendations for consideration and adoption by the Joint Rules Committee.

1. Symbols

This Committee considered previous committee reports on parliamentary symbols and noted that members held the belief that, in keeping with the changes of our country, new symbols should be adopted.

This Committee recommends that a national campaign calling on the public to give their input as well as a multi-media campaign involving members should be embarked upon.

A technical committee was requested to make proposals regarding the process of developing new parliamentary symbols. Following the report of the technical committee, this Committee recommends that a national committee take form

The symbols to be reviewed were identified as the mace, the black rod, the parliamentary emblem, clothing of the office-bearer and Table staff, the Sergeant-at-Arms and the Usher of the Black Rod.

RECOMMENDATION: A detailed project proposal on new parliamentary symbol has been prepared and is recommended for adoption by the Joint Rules Committee.

RECOMMENDATION: This Committee recommends to the Joint Rules committee that the policy be adopted with the following additions, namely that:

(i) the campaign proceed;

(ii) the campaign be all-inclusive;

(iii) Cabinet's investigation into a new coat of arms be taken into consideration;

(iv) budgetary constraints be taken into account;

(v) final decisions be taken by the next Parliament.

2. Art works

(1) Art works in storage

The portraits and art works that had been on exhibition on the walls of Parliament prior to the 1994 election5 remain the property of Parliament. The Department of Arts, Science, Culture and Technology has agreed to provide safe custody for the works and to identify suitable institutions that would exhibit the art works in storage.

(ii) Lending Policy

The Secretary to Parliament may, on request, give permission for art works belonging to Parliament to be taken on loan from the institution. In order to facilitate such requests, a lending policy was formulated and presented to this Committee (see Annexure 1).

RECOMMENDATION: This Committee recommends that the policy be adopted by the Joint Rules Committee with the following additions:

1. The value of art works should be assessed by experts.

2. Art works should be identified into clear categories of which are available for lending purposes and which not.

3. Provision should be made for the protection of copyright.

4. The policy should stipulate clearly that the borrower will be liable for costs, and such borrower should provide evidence of adequate insurance.

5. Art works will be considered for borrowing purposes on application only.

6. Each application should be subject to legal opinion.

(iii) Art Against Apartheid collection

When the pre-1994 art works were removed from the walls of Parliament in 1996, they were temporarily replaced by a collection of international art works which had been assembled by UNESCO under the then Art against Apartheid movement. These art works symbolised the world-wide movement against apartheid as well as support for the anti-apartheid struggle. These art works were de-installed in February 1999 and handed over to the custody of the Mayibuye Art Centre under agreement with the Department of Arts, Science, Culture and Technology.

(iv) Policy on future art exhibition in Parliament

A broad policy for art works that will be exhibited in Parliament has been tabled to the Joint Rules Committee and agreed to in principle. This policy will be refined in its implementation process.

The frame of this policy is the demarcation of parliamentary walls into themes that will capture and embrace the wide spectrum of South African visual art. The themes encompass the history, heritage and the creativity of the diverse cultures of the people of South Africa.

Parliamentary management has already established working relations with, inter alia, the Department of Arts, Culture, Science and Technology, the Department of Education and the Department of Public Works as well as the SA National Gallery.

3. Catering

Members requested the provision of vending machines to provide snacks and beverages during over weekends, during public holidays and evenings when there were no catering facilities available. After quotes for the installation and maintenance of such a service had been obtained, the motion was put to caucuses.

As is customary, the catering prices were subjected to an annual review. Tariff increases were effected.

It was reported that the Catering section had made a significant improvement in its operations, but that a few matters still needed attention, for example the compilation of the menu, costs and discussions on restructuring.

This Committee reports that the Joint Rules Committee has adopted the following recommendations on associated matters:

(1) Vending machines

Political parties expressed no support for the installation of vending machines.

(ii) Tariff increases

Catering prices were increased and the prices of alcoholic beverages were adjusted.

(iii) Budget proposals for Catering section

More information, for example a report stating figures, item-by-item costs and the reconsideration of the daily menu, still needs to be obtained in order to enable the next Parliament to make final recommendation on the improvement of Catering services.

4. Library

In order to solve the issue of lost library books, books not returned by employees resigning from Parliament and the late return of books, more specific action was requested by the Library.

This Committee reports that the Joint Rules Committee has adopted the following recommendations:

(i) Lost library books

The market value of books is being charged.

(ii) Fines

Fines are charged for the late return of books by library users.

(iii) Service

The library has been structured in such a way as to deliver a more proactive form of service.

5. Access control system

This system was activated in September 1998. The company Siemens was in constant review of the system and members were encouraged to submit proposals on improvement to this company. This is an ongoing process which has to be monitored continuously in order to identify' and solve problems. Reports on the exact status of the system can be obtained from the office of the Manager: Household.

6. Access for parliamentary monitoring groups

The recommendation put forward in caucuses, namely that monitoring groups should not be afforded special privileges, was adopted by the Joint Rules Committee.

7. State of the buildings

The Department of Public Works and the Secretary to Parliament undertook to monitor and ensure the good maintenance of the premises of Parliament.

8. Access to Good Rope buildings via Tuynhuys

A request was put by the IFP that the Presiding Officers, in conjunction with the IFP

whippery and the SA Police Service, discuss this matter. The President's Office, for

security reasons, rejected the request for members to pass through the area on their way to the Chamber of the National Assembly.

9. Access for taxis

The request for taxis to be permitted to enter the precincts of Parliament was denied.

10. Suitable seating for bus passengers

The Department of Public Works is investigating the availability of the offices of the Legal Aid Board. Alternative seating arrangements in the interim would include the feasibility of converting Swans Garage, an area next to the Belvedere Building, to a visitors' centre with benches for visitors and an office for the co-ordinator of tours. If this area proves to be acceptable, it will be ready for use by the end of May 1999.

11. Access to parliamentary museum

At times it had been difficult to take guests through the museum, either because it was serving as an office or because it had been locked. The Superintendent gave this Committee the assurance that measures had been implemented to ensure easy access to the museum

12. Hygiene control

Several measures have been taken to address the concerns raised regarding Chamber services by service officers. These include:

1. A meeting has been held to clear communication problems;

2. Chamber service officers have been relieved of other duties during the House sittings and will concentrate on serving members' needs in the Chambers;

3. A pool of four service officers has been made available to deal with mail distribution;

4. A checklist in order to control services rendered by service officers has been implemented;

5. A service area where water can be drawn and glasses cleaned will be provided close to the Chamber.

13. Educare facility

A review of this facility indicated that this service was utilised primarily by staff The

financial responsibility, therefore, was to a great extent carried by Parliament. This

Committee could not finalise any final recommendation regarding this issue, and

recommends that the next Parliament addresses this matter.

Ms B Mbete-Kgositsile Ms G N M Pandor

CO-CHAIRPERSON CO-CHAIRPERSON

Annexure 1:

ARTWORKS LENDING POLICY

1The Secretary to Parliament may on request allow that Artworks belonging to Parliament be lent out of the Institution.

2. Artworks will be considered for borrowing purposes on application only.

3. Each application should be subject to legal opinion.

a) Before lending out, the Secretary must ensure that

- adequate security measures are in place

- that insurance has been taken out, at cost to the borrower

- copyright of each artwork is protected

- the artwork has been valued by an expert

- artworks are clearly identified into categories of which are available

for lending purposes and which are not

b) The Secretary will also obtain information on the mode and name of transportation to be used, and payable by the borrower.

c) The Secretary to Parliament's approval of the request must be in writing.

d) A contract signed by both Parliament and the borrower will state the following:

- that the object(s) concerned belong(s) to Parliament and may be recalled at any time

- the lending period

- insurance details

- transport arrangements

- collection and return dates and time

- agreed upon security measures

- display directives

- all cost resulting from the loan are payable by the borrower

- finally, that the terms and conditions of the loan are understood and accepted by the borrower.

Circumstances in which loans will be permitted:

4. Loans will be allowed when the artworks are going to be displayed for public consumption at no charge.

5. No profit should be made on such a loan.

6. In the case of local exhibitions an in loco inspection of security measures is carried out by staff at the expense of the borrower.

7. In the case of international exhibitions the office relies on a written commitment by the borrower.

Transportation and display

8. Artworks will be assessed by an Art expert before hand - over to the borrower.

9. Staff will inspect the wrapping, crating and packing of the art works on loan.

10. The transport and display directives should prevent damage to the objects and be approved by experts.

The MB recommends that a small committee of Members of Parliament assisted by experts for guidance as and when necessary, be formed. This Committee will review loan applications.

Appendix 5: Report of the Budget Sub-Committee to the Joint Rules Committee, 24 March 1999

Report: Budget Subcommittee - 24/3/99

FOURTH REPORT OF THE BUDGET SUB-COMMITTEE TO

THE JOINT RULES COMMITTEE

24 March, 1999

Submitted by:

Ms BA Hogan & Mr ML Mushwana CO-CHAIRPERSONS

A. Proposals for the management of the Budget Cuts 1999/2001

As reported in the meeting of the JRC of the 16 February 1999, the budget of Parliament was cut by R39,974 million (See Annexure 1). The JRC resolved that the impact of the budget cuts must be absorbed equally by the whole of Parliament and requested that the Budget Sub-committee makes recommendations in this regard to the next meeting of the JRC.

1. The freezing of 54 vacant posts.

The Management Board has pooled all vacancies to ensure that the impact of these cuts are more equally distributed between all departments in Parliament. Their proposals are attached in annexure 2. The Board is of the opinion that whilst these cuts can be managed by Parliament there are serious consequences for the functioning of Parliament. The Board is about to complete an OD analysis of its staffing requirements, an exercise which was last done in the early 1980's. This investigation will give a more complete evaluation of what the proper staff establishment of Parliament should be, but even so, it is clear that these budgetary cuts will have serious consequences.

The Research Unit, which is already seriously understaffed, will be limited to providing an average of 1 researcher to between 36 to 45 Members of Parliament. In America the average is 1 researcher to 3 MPs, in Europe the average is 1 to 5, which is the same for the average in the Last. In 1999/2000 there will be only 6 general researchers to provide for the information requirements of individual Members of Parliament and only 4 researchers for Committees.

The Public Participation & Information Services Unit is heavily understaffed. There have been 21 resignations since 1997 and at the moment the only unit that is fully functional is Public Relations. Currently this programme is fully funded by the European Union pending termination in 1999 and Parliament is due to pick up the running costs of this unit thereafter. However the amount allocated for the 2000/2001 budget is less than the budget for 1999/2000.

The Human Resource Division has not been functioning at its full capacity for some time. Moreover there is no provision for additional staff to manage the personnel requirements of party staff (whether or not Parliament is the employer). Given that the numbers of party staff will easily exceed 100 people this is a serious omission.

The Budget Sub-Committee recommends that Parliament seeks an urgent meeting with the Director-General of State Expenditure to discuss the inadequacy of the present Medium Term Expenditure allocation for Parliament, both for the years 1999/2000 and for 2000/2001. The Medium-term expenditure frameworks are due to be finalised early June.

2. The Reduction of the NCOP budget by R1 million

The NCOP has just completed an OD analysis of its staffing requirements. The NCOP has been able to access donor funding to assist them and does not believe that it needs to seek additional funding.

3. Computer Equipment for Committee Section

The budget cuts for 1999/2000 means that there is no funding for Committee computers; virtually all its computers are not even able to receive E-Mail. A larger problem is that the EU tendering process for computers in other departments has broken down so that Parliament has a serious IT problem. It is common cause that the whole of Parliament is operating with a seriously inadequate IT infrastructure with some departments using programmes and equipment dating back to the 1980's. Nor is Parliament cabled for computer usage. An amount of IL92 million is required for the installation of an adequate IT infrastructure; at present this amount is being sought from individual donors broken down into 7 different funding appeals. Given that the funding request has to be broken up into portions and that donor funding is at best uncertain and time-consuming, this funding shortfall is a matter of major concern.

The Budget Sub-Committee recommends that in the proposed meeting with State Expenditure (recommended above) that State Expenditure be approached to fund the once-off capital expenditure of R22 million to cover Parliaments IT needs.

4. Reduction in Travel Facilities for Members and Dependents.

The allocation for travel for members was reduced to what pertained last year. It does not appear that there will be significant roll-overs so the budget cut is likely to stay.

The Budget Sub-Committee recommends that the Members Support Committee produce a policy document that will cover once and for all the total support requirements of individual members and their parties so that support for members does not fluctuate every year. If necessary the Members Support Committee could draw up shor4 medium and long-term requirements.

5. Official S&T cut by R8000

6. Cut in Committee Activities from R350 000 per Committee to R165 000 per Committee.

The Finance Department anticipates a roll-over of about R1 million for the 1998/1999 Committee budget. This is due mainly to the ban on travel in the first quarter of this year. If this saving is not to be used to off-set other over-expenditure, a roll-over will be applied for. The Parliamentary Liaison Officer for the EU has also been requested to indicate which EU funds the Committees could access. Unfortunately the reply is still forthcoming.

In view of the continual cuts to the budgets of Committees, the Budget Sub-Committee recommends that the Committee of Chairpersons makes a submission to the JRC recommending an overall policy-guideline for the funding of Committee activities which could form the basis for the formulation and control of the budgets of Committees in the future. This should include a recommendation that budgets for individual committees be drawn tip.

7. Party Support Decreased from R59 000 - R35 000 per member

As this is the only expenditure item which has been cut from even the amount contained in the previous years budget, this cut is not sustainable and the recommendation is that the amount must be increased to what pertained in previous years. It is not certain where the additional funding will be acquired. If roll-overs are insufficient, or not granted, that savings would have to be achieved elsewhere.

The Budget Sub-Committee would like to recommend that the Members Support Committee, in consultation with the Chief whips and Chairs of Committees, make comprehensive proposals to the JRC on the policy guidelines that should underlie administrative and research support for Members and their parties. In addition funding should be sought to allow for a professional OD analysis of what the staffing requirements should be for adequate party support.

8. Constituents Allowance Decrease

As this cut keeps the allocation at its previous years' level, it is recommended that this cut be sustained.

9. Cut in Members Salaries

As this was a miscalculation, it is recommended that this cut be sustained.

B Estimated Savings

The Management Board has reported the following estimated savings:

Personnel Expenditure R3,0 million

Committee Expenditure Rl ,0

Members' Travel Facilities R2,0

NCOP Administration Rl ,0

Party Support R2,0

Total R9,0

These savings must however be seen in the light of over-expenditures.

Over-expenditures

Travel ex-members R2,0 million

Catering income to be deposited in

National Revenue Fund R3.0

Printing and Binding R2,0

Maintenance PABX, Equipment, Services R2,0

Total R9,0 million

It is clear that over-expenditures cancel savings and that additional sources of funding will not be easily found to fund budgetary shortfalls.

C Future Possible Savings/Rationalisation

Management has recommended to the Internal Arrangements Committee that Catering Section and the Educare Programme be re-evaluated to achieve savings. This report is urgently required. Furthermore, the Budget Sub-Committee urgently requests that the Presiding Officers report on progress made for terminating travel for ex-Members.

The Budget Sub-Committee recommends that a report be given on these

two matters at the next meeting of the JRC.

D Budget for the Year 2000/2001

Last week the Budget Sub-Committee had an opportunity to examine the first draft of the Budget for Parliament for the years 2000/2001. Without going into detail, it is absolutely clear that the MTEF estimates for the 3 following years are not going to meet the spending requirements of Parliament for much the same reasons as mentioned above. It is very disturbing that the guideline figure provided by State Expenditure for the year 2000/2001 is nearly RlOO million than was originally budgeted. The MTEF estimates are due to be finalised shortly. Parliament is barely able to meet its constitutional requirements in terms of these budgetary allocations.

1.The Budget-Sub-Committee recommends that Parliament convene an urgent meeting with the Director-General of State Expenditure to discuss the inadequacy of the MTEF allocations for Parliament. This meeting must be convened urgently.

2.Furthermore the Budget Sub-Committee would like to recommend that professional external assistance be sought to help build the capacity of senior managers of Parliament to both develop their budgets and control theim

3. Finally the Budget Sub-Committee would like to recommend that the Powers and Privileges of Parliament Act be reviewed in order to provide a framework for the appropriate relationship between the executive and the legislature for the drawing up of the Parliamentary Budget and that report-backs on progress made be regularly given to the JRC.

Annexure 1

BUDGET CUTS

ADMINISTRATION: R'000

54 Vacant Posts have been frozen: R5 773

Computer Equipment for Committee Section cancelled: 470

R6 243

MEMBERS FACILITIES:

1. Reduction in travel facilities for Members and Dependants: 4 635

2. Official S & T cut by Inflation: 8

3. Committee Activities from R350 000 per Committee to R165 000: 7 055

4. NCOP Administration cut by half: 1 000

5. Party Support from R59 000 per Member to R35 000 per Member: 9 888

6. Constituents Allowance from R4 826,00 per month per Member

to R4 500,00 per month per Member: 1 777

7. Members Salaries: 90 NCOP Members cut to 54: 9 368

TOTAL CUT: R39 974

R381 734 APPROVED BY JOINT RULES

R341 760 FINAL DSE GUIDELINES

R 39 974

LIST 2: POSTS TO BE ADVERTISED INTERNALLY ONLY

1 International Relations Assistant [1 post] A

[Internal]

2 Administrative Assistant [International Rel Office] [1 post] A

[Internal]

Create AA post in the place of the post of Secretary.

3 Control Committee Secretary [6 posts] A

[Internal]

4 Maintenance Officer [Household Services] [1 post] A

[Internal]

5 Secretary-Section Manager: Committees [1 post] A

[Internal]

6 Administrative Assistant [L & P] [2 posts] lA

[Internal] See also List 5.

7 Administrative Assistant [Research Unit] [1 post] A

[Internal]

8 Librarian [Library & Information Services] [1 post] A

[Internal]

9 Control Finance Officer: Salaries [1 post] A

[Internal]

10 Finance Officer [Management Accounting/Budget Unit] [1 post] A

[Internal]

11 Finance Officer [Financial Accounting Unit] [1 post] A

[Internal]

12 Finance Officer [Tel Units - Finance] [1 post] A

[Internal]

13 Stores Officer [Stores & Shop Unit] [2 posts] 2A

[Internal]

14 Administrative Assistant [HR Remuneration] [1 post] A

[Internal]

15 Administrative Assistant [NA Table] [3 posts] lA

[Internal] See also List 5.

LIST 2: POSTS TO BE ADVERTISED INTERNALLY ONLY

1 International Relations Assistant [1 post] A

[Internal]

2 Administrative Assistant [International Rel Office] [1 post] A

[Internal]

Create AA post in the place of the post of Secretary.

3 Control Committee Secretary [6 posts] A

[Internal]

4 Maintenance Officer [Household Services] [1 post] A

[Internal]

5 Secretary-Section Manager: Committees [1 post] A

[Internal]

6 Administrative Assistant [L & P] [2 posts] lA

[Internal] See also List 5.

7 Administrative Assistant [Research Unit] [1 post] A

[Internal]

8 Librarian [Library & Information Services] [1 post] A

[Internal]

9 Control Finance Officer: Salaries [1 post] A

[Internal]

10 Finance Officer [Management Accounting/Budget Unit] [1 post] A

[Internal]

11 Finance Officer [Financial Accounting Unit] [1 post] A

[Internal]

12 Finance Officer [Tel Units - Finance] [1 post] A

[Internal]

13 Stores Officer [Stores & Shop Unit] [2 posts] 2A

[Internal]

14 Administrative Assistant [HR Remuneration] [1 post] A

[Internal]

15 Administrative Assistant [NA Table] [3 posts] lA

[Internal] See also List 5.

LIST 3: INTERNAL/EXTERNAL ADVERTISEMENTS

1 Chief Media Liaison Officer [Media Liaison Unit] [1 post] A

[Internal/external]

2 Chief Project Co-ordinator: Public Participation [1 post] A

[Internal and externally]

3 Caretaker [6 posts] 3A

[Internal/external] See also List 1

4 Analyst Programmer [1 post] A

[Internal/External]

5 Chief Editor: Hansard Reporting [1 post] A

[Internal and externally]

6 Editor: Hansard Reporting [4 posts] 4A

[Internal/external]

One post to be filled by Tsonga Speciallst.

7 Control Editor: Legislation [L & P] [1 post] A

[Internal/external] See also List 5

8 Editor: Questions [L & P] [1 post] A

[Internal/external]

9 Researcher [Research Unit] [16 posts]

[Internal/external] See also List 5.

Seven of these posts will initially be EU funded.

10 Control Librarian [Subcomponent Reference Service] [1 post] A

[Library & Information Services]

[Internal/external]

11 Control Librarian [Subcomponent Acquisitions] [1 post] A

[Library & Information Services]

[Internal/external]

12 Section Manager: Finance [1 post] A

[Internal/externally]

13 Human Resources Manager: Administration [1 post] A

[Internal/externally]

14 Control HR Practitioner: Recruitment [1 post] A

[Internal/externally]

15 HR Officer: Remuneration [2 posts] 2A

[Internal/externally]

16 HR Practitioner: Training & Development [1 post] A

[Internal/external]

17 Assistant Undersecretary [Table Assistant] [NA Table] [2 posts] 1 A

[Internal/externally] See also List 5.

18 Table Assistant [NCOP] [1 post] A

[Internal/external]

19 Programming Officer [NCOPJ [1 post] A

[Internal/external]

20 Security Manager [Office of Secretary] [1 post] A

[Internal/external investigate secondment]

21 Controller: Sound & Vision [1 post] A

[Internal/external]

22 Technician: Sound & Vision [2 posts] 2A

[Internal/external]

23 Technical Assistant: Sound & Vision [5 posts] 2A

[Internal/external] See also List 5.

LIST 4: POSTS TO BE RECONSIDERED FOR FILLING AT ALL, OR BY FILLING

THROUGH LATERAL TRANSFER

1 Secretary-Chief Parliamentary Law Advisor [1 post] B

[Internal]

Advertised. Decision to be taken on how the post is to be filled

and applicants to be notified.

2 Public Relations Assistant [PPIS] [1 post] B

[Internal]

Advertised. Decision to be taken on how the post is to be tilled

and applicants to be notified.

3 Secretary-Section Manager: Human Resources [1 post] B

[Internal]

Advertised. Decision to be taken on how the post is to be tilled

and applicants to be notified.

4 Secretary-Section Manager: Language Services [1 post] B

5 Secretary-Information Services [1 post] B

[Internal]

6 Section Manager: Information Services [1 post] B

7 Committee Assistant [3 posts] B

[Internal]

8 Programming Officer [NA Table] [1 post] B

[Internal]

9 Secretary - Manager: Household Services [1 post] B

[Internal]

LIST 5: ADVERTISING AND FILLING OF POSTS TO STAND OVER UNTIL FURTHER NOTICE

1 Tour Guide [2 posts) C

[Internal]

Posts already advertised. Applicants to be notified that

these posts will unfortunately not be filled at this stage

and their CVs returned to them.

2 Administrative Assistant [Public Relations Unit-Tours] [1 post] C

[Internal]

3 Administrative Assistant [L & P] [2 posts] iC

[Internal] See also List 2.

4 Administrative Assistant [NA Table] [3 posts] 2C

[Internal] See also List 2.

5 Project Co-ordinator: Youth [1 post] C

[Internal/External]

Post already advertised. Applicants to be notified that this post

will unfortunately not be filled at this stage and their CVs

returned to them.

6 Project Co-ordinator: Civil Society Outreach [1 post] C

[Internal/external]

Post already advertised. Applicants to be notified that this post

will unfortunately not be filled at this stage and their CVs

returned to them.

7 Project Co-ordinator: Audio Visuals [1 post] C

[Internal/external]

Post already advertised. Applicants to be notified that this post

will unfortunately not be filled at this stage and their CVs

returned to them.

8 Liaison Officer [NCOPJ [2 posts] C

[Internal/external]

One post advertised. Applicants to be notified that this post

will unfortunately not be filled at this stage and their CVs

returned to them.

9 Manager: Telecoms & Systems Integration [1 post] C

[Internal/external]

10 Network Administrator C

[Internal/External]

11 Programmer C

[Internal/External]

12 Writer [PPIS] C

[Internal/external]

13 Editor: Hansard Translation [2 posts] C

[Internal/external]

14 Control Editor [L & P] [1 post] C

[Internal/external] See also List 3.

15 Chief Conservator/Restorer [Conservation/Restoration] [1 post] C

[Internal/external]

16 Researcher [Research Unit] [16 posts] 8C

[Internal/external] See also List 3.

17 Control Librarian [Subcomponent Special Services] [1 post] C

[Library & Information Services]

[Internal/external]

18 Assistant Catering Manager [2 posts] C

[Internal/external]

19 Chef Cuisine [1 post] C

[Internal/external]

20 Assistant Undersecretary [Table Assistant] - NA Table [2 posts] 1C

[Internal/external] See also List 3.

21 Procedural Clerk [Committee Clerk] - NA Table [1 posts] C

[Internal/external]

22 Administrative Officer [NCOP] [2 posts] C

[Internal/external]

23 Technical Assistant: Sound & Vision [5 posts] 3C

[Internal/external]

S G MFENYANA

Secretary to Parliament

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