LANGUAGE PRACTICES RELATING TO PARLIAMENTARY ACTS BILL
(As introduced in the National Assembly as a section 75-Bill; draft Bill published in Government Gazette No. of The English text is the official text of the Bill) [B-2003]
GENERAL EXPLANATORY NOTE:
Words underlined with a solid line indicate insertions in existing enactments.
BILL
To create uniformity with regard to language practices used for the introducing of Bills and Amendment Bills; to deem the English text of all Acts of Parliament passed from 27 April 1994 until 25 March 1999, the official text; and to provide for matters connected therewith.
PREAMBLE
WHEREAS section 6(2) of the Constitution recognises that the State must take practical and positive measures to elevate the status and advance the use of languages;
AND WHEREAS section 6(3)(a) of the Constitution compels the national and provincial governments to use at least two of the official languages for the purpose of government;
AND WHEREAS prior to the coming into operation of the Joint Rules of Parliament no accurate record exists that reflects which text of an introduced Bill, is the official text;
AND IN ORDER TO create certainty, for the purpose of parliamentary proceedings, by regulating that a Bill, except in exceptional circumstances, must be introduced in two official languages in either the National Assembly or the National Council of Provinces,:
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
Definitions
1. In this Act, unless the context indicates otherwise-
(i) "Chairperson" means the Chairperson of the National Council of Provinces as provided for in section 64 (1) of the Constitution of the Republic of South Africa Act, 1996 (Act No.1 08 of 1996);
(ii) "Constitution" means the Constitution of the Republic of South Africa Act, 1996 (Act No.1 08 of 1996);
(iii) "Official language" means the languages set out in section 6(1) of the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996);
(iv) "Official text of the Bill" means in the case of a Bill or an amendment Bill:
(a) passed before 27 April 1994, in accordance with the provisions of the South Africa Act, 1909, the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), the Republic of South Africa Constitution Act, 1983 (Act No.
110 of 1983), the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993); and
(b) passed after 27 April 1994, in accordance with the provisions of the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993) or the Constitution of the Republic of South Africa Act, 1996 (Act No.1 08 of 1996), in the language in which Parliament adopted or adopts such Bill or amendment Bill;
(v) "Official translation of a Bill" means -
(a) a Bill or an amendment Bill, where -
(i) two copies are introduced in different languages, a translation of the official text of the Bill, into the other official language in which the Bill was introduced and may in addition, include further translations in any of the other official languages; and
(ii) one copy is introduced, a translation of the official text of the Bill, into any of the other official languages;
(v) " Additional official translation of an amendment Bill" means in the instance of an amendment Bill, where the official text of an amendment Bill and the official translation of the Bill are in official languages different from the language of the official text of the Act that it aims to amend, a further translation of the official text of an amendment Bill into the language of the official text of the Act that it aims to amend;
(vi) "Parliament" means the National Assembly and the National Council of Provinces; and
(vii) "Speaker" means the Speaker of the National Assembly as provided for in section 52(1) of the Constitution of the Republic of South Africa Act, 1996 (Act No.1 08 of 1996).
Language requirements for introduced Bills
2. A Bill introduced in either the National Assembly or the National Council of Provinces must be in two of the official languages and on such introduction the Cabinet member responsible for the introduction of the Bill must specify which official language of the Bill will be considered during parliamentary proceedings, unless, subject to subsection (5), the Speaker or the Chairperson, as the case may be, in exceptional circumstances decides that a Bill may be introduced in one of the official languages.
(2) The Official text of a Bill must be signed by the President for the purposes of section 81 of the Constitution.
(3) Subject to subsection (4), the official translation of a Bill must accompany the official text of the Bill when the official text of the Bill is sent to the President for assent.
(4) The Speaker and the Chairperson, in exceptional circumstances may decide that the official translation of a Bill is not required before the official text of a Bill is sent to the President for assent, but must ensure that the official translation of the Bill is completed within three months of the date of assent.
(5) If a Bill is introduced in either the National Assembly or the National Council of Provinces in one official language, the official translation of the Bill must be completed before the official text of a Bill is sent to the President for assent.
Language requirements for Amendment Bills
3. An Amendment Bill introduced in either the National Assembly or the National Council of Provinces must be in two of the official languages and on such introduction the Cabinet member responsible for the introduction of the amendment Bill must specify which official language of the amendment Bill will be considered during parliamentary proceedings, unless, subject to subsection (7) the Speaker or the Chairperson, as the case may be, in exceptional circumstances, decides that an amendment Bill may be introduced in one of the official languages.
(2) The provisions of section 2(2) shall apply, with the necessary changes required by the context, to amendment Bills.
(3) If the official text of an amendment Bill or the official translation thereof is not in the same language as the official text of the Act that it aims to amend, then an additional official translation of an amendment Bill must be effected.
(4) Subject to subsection (5), the official translation of an amendment Bill and where applicable, the additional official translation of an amendment Bill must accompany the official text of an amendment Bill when the official text of the amendment Bill is sent to the President for assent.
(5) The Speaker and the Chairperson, in exceptional circumstances may decide that the official translation of an amendment Bill is not required before the official text of the amendment Bill is sent to the President for assent, but must ensure that the official translation of the Bill is completed within tree months of the date of assent.
(6) The provisions of subsection (5) do not apply with regard to an additional official translation of an amendment Bill.
(7) If and amendment Bill is introduced in either the National Assembly or the National Council of Provinces in one official language, the official translation of the amendment Bill or the additional official translation of an amendment Bill, as the case may be, must be completed before the official text of an amendment Bill is sent to the President for assent.
Deemed Official text of certain Acts
4. All Acts of Parliament including Amendment Acts, assented to by the President from 27 April 1994 until 25 March 1999, are deemed to be assented to in the English language.
Short title and Commencement
5. This Act is called the Language Practices relating to Parliamentary Acts Act, 2003 and comes into operation on 27 April 2004 or at an earlier date fixed by the President by proclamation in the Gazette.