1.1 Joint Rules 220, 221 and 222 regulate the current parliamentary language practice relating to Bills. At a meeting of the Joint Rules Committee held on 22 May 2001, the Speaker of the National Assembly raised a concern that the requirement that Bills must be translated before they are sent to the President for assent sometimes causes delays in the process. A legal opinion was sought during 2001 from the Parliamentary Legal Advisers who set out their opinion on the matter. The opinion is attached for ease of reference.

1 .2 It was agreed that the matter would stand over till the next meeting.

1 .3 At the Joint Rules Committee meeting held on 9 October 2001, it was agreed that-

a. a Bill may be introduced in one language, but

b. may not be put before the House for a second reading before the Bill is translated, i.e. at the stage of a second reading the Bill should, at least, be available in two of the official languages.

1.4 There is no clear indication in the minutes that the decision agreed on should be effected by means of an amendment to the standing rules. However, taking into account the discussions on the matter and the legal opinion by the Parliamentary Legal Advisers, an amendment to the standing rules should have been incidental to that decision. At this stage it should be mentioned that there is no indication in the minutes that a decision was agreed on to authorize the preparation of the Language Practices Relating to Parliamentary Acts Bill.

2. INTRODUCTION/ LANGUAGE PRACTICES RELATING TO PARLIAMENTARY ACTS BILL

2.1 The Language Practices Relating to Parliamentary Acts Bill (the Language Bill), extends the constitutional obligation placed on national and provincial governments to use at least two of the official languages for the purposes of government, to Parliament.

2.2 The Language Bill requires that Bills introduced in either the National Assembly (NA) or the National Council of Provinces (NCOP) must be introduced in two of the official languages unless exceptional circumstances prevail, in which case the relevant Presiding Officer may authorize that this requirement is suspended.

2.3 The Bill also deems the English text of all Bills that were passed between 27 April 2004 and 25 March 1999, to be the official text of the Bill.

3. CLAUSES OF THE LANGUAGE BILL

3.1 CLAUSE 2 - Language Requirements for Bills

Clause 2(1) read with clause 2(5) - All Bills must be introduced in two of the official languages. The Cabinet member responsible for the introduction of the Bill must specify which language of the introduced Bill will be considered during the parliamentary process and it thereby becomes the official text of the Bill.

In "exceptional circumstances" however, the Presiding Officer concerned may authorize that a Bill is introduced in one language only. The Language Bill does not define "exceptional circumstances" as the rationale is that it should be left to the relevant Presiding Officer to determine this on a case-by-case basis.

In terms of clause 2(5), a Bill that is introduced in one language only, must be translated before the official text is sent to the President for assent and the translation must accompany the official text of the Bill to the President.

Clause 2(3) read with clause 2(4)- Where a Bill is introduced in two of the official languages, the relevant Presiding Officer may, in "exceptional circumstances" authorize that the official text is sent to the President for assent unaccompanied by the translation thereof, provided that the translation is completed within 3 months after the Bill's assent.

Clause 2(2)- Requires that the official text of a Bill must be assented to by the President for purposes of section 81 of the Constitution

The difference between clauses 2(1) read with 2(5) and clause 2(3) read with clause 2(4), is that in the first category, a Presiding Officer may exercise a discretion to dispense with the introduction requirement of two of the official languages on condition that the translation is ready at the time of assent. In relation to the second category, two Bills are introduced but the relevant Presiding Officer has a wide latitude to dispense with the translation requirement of the second Bill on condition that the Bill is translated within 3 months of the date of assent.

3.2 CLAUSE 3 - Language Requirements for Amendment Bills

Clause 3(1) read with clause 3(7)- This clause is the same as clauses 2(1) read with 2(5) but, it refers to amendment Bills and allows for all translations including and where applicable, an additional translation of the amendment Bill to accompany the official text of an amendment Bill to the President.

Where a Presiding Officer has authorized the introduction of an amendment Bill in one language only, it is mandatory that all the translations of the amendment Bill must accompany the official text to the President.

Clause 3(3) read with clause 3(6)- Clause 3(3) introduces a new category of translations for an amendment Bill. Notwithstanding whether an amendment Bill is introduced in one or two languages, it is now required that the amendment Bill must also be in the language of the principal Act that the amendment Bill aims to amend. This does not mean that an amendment Bill must be introduced in the same language of the principal Act, but merely, that during the parliamentary process the amendment Bill must be translated into the language of the principal Act. This is what the Language Bill defines as an "additional official translation of an amendment Bill".

Clause 3(6) provides that where an additional official translation of an amendment Bill is required, i.e. where the amendment Bill was introduced in languages different to the principal Act, such a translation must be effected before the official text of the amendment Bill is signed by the President and it must accompany the official text to the President.

Clause 3(4) read with clause 3(5). These two clauses provide that the translations of an amendment Bill must be completed before the official text of the amendment Bill is sent to the President for assent, but, the relevant Presiding Officer may authorize that the official text be submitted to the President without the translation(s), as long as the translation(s) is completed within 3 months from the date of assent. This provision does not apply to an additional official translation.

Clause 3(2) requires that the President sign the official text of the amendment Bill.

4. CLAUSE 4 - DEEMED OFFICIAL TEXT OF CERTAIN ACTS

4.1 This clause deems the English text all Act of Parliament assented to between 27 April 1994 and 25 March 1999, to be the official text. The reason for this deeming provision is due to the fact that no record was kept to indicate which version of an Act is in fact the official text of an Act.

5. Clause 5 provides for the short title of the Act.

ADV A J GORDON: PARLIAMENTARY LEGAL ADVISER