Compiled by NA Table
That the House, subject to the concurrence of the
National Council of Provinces/National Assembly**,
establishes an Interim Joint Committee on Scrutiny of Delegated Legislation, in
accordance with the following interim Rules
Option 1:
The Committee shall consist of 13 National Assembly
members and 9 Council members in accordance with Joint Rule 19
The Committee shall consist of 11 members, as
follows: ANC 6 (including 2 Council members); DA 2; IFP 1; and other parties 2.
(1)
exercise its powers and functions in accordance with
the Rules applicable to joint committees generally, unless otherwise provided
for in these interim Rules; and
(2)
scrutinise delegated instruments requiring approval
by Parliament and delegating provisions in enabling legislation referred to it
in accordance with the scrutiny criteria identified in these interim Rules.
(1)
whether they impose levies, taxes or duties;
(2)
whether they comply with procedural aspects around
delegated legislation;
(3)
whether they impinge on the jurisdiction of the
courts;
(4)
whether they are retrospective in nature and, if so,
whether that is permitted in terms of the parent Act;
(5)
whether they conform with the objects of the parent
Act;
(6)
whether they appear to make unusual use of powers
conferred by the parent Act;
(7)
whether they have been properly drafted;
(8)
whether they trespass on personal rights and
liberties, including those set out in the Bill of Rights; or
(9)
whether they amount to substantive legislation, as
delegated legislation should not purport to replace the parent Act.
Upon
completion of the scrutiny process, the Committee shall -
(1)
advise the relevant portfolio or select committee on
its findings regarding delegating provisions in enabling legislation;
(2)
advise the relevant portfolio or select committee
where a recommendation for invalidity of a subordinate instrument is
constitutional in nature, the portfolio or select committee then to report to
the relevant House and recommend its disallowance;
(3)
report directly to the Houses where a recommendation
for invalidity of a subordinate instrument is technical in nature; and
(4)
in view of the provisions of section 146 of the
Constitution, specifically report to the National Council of Provinces on
delegated instruments relating to matters contained in Schedule 4.
The
Committee shall be dissolved by resolution of both Houses.