RULES OF THE NATIONAL COUNCIL OF PROVINCES

RULES OF THE NATIONAL COUNCIL OF PROVINCES

(As approved by the National Council of Provinces)

Issued: March 1999

8th Edition: March 2007

PREFACE
The following Rules were amended:

Rule 1 (Definitions)

Rule 5 (3)

Rule 10(1)(c-d)

Rule 17(1-2)

Rule 103(2)(a-b) and (3)

Rule 116(1)( c)

Rule 118(1)(e)

Rule 119

Rule 121

Rule 122

Rule 125A, 125B, 125C and 125D

Rule 126

Rule 129A, 129B, 129C and 129D

Rule 130

Rule 134

Rule 137

Rule 154(a)

Rule 166(a)

Rule 230(1)

Rule 237(1)

Rule 240A(1-6)

Rule 241

Rule 243(3)

Rule 244(3)

Rule 16 (2)(a-c)

Rule 243(1)

Rule 244(1) and (3)

Rule 246

Rule 247

(d) must make recommendations to the Joint Programme Committee on any matter falling within the functions and powers of that Committee;

(e) may take decisions and issue directives and guidelines to prioritise any business of the Council; and

(f) must perform any other function and may exercise any other power as may be assigned to it by resolution of the Council.

Decisions

145. A question before the Programme Committee is agreed when at least five provinces vote in favour of the question.

Subcommittee

146. The 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.

Part 5: Committee on Members' Legislative Proposals

Establishment

147. (1) The Committee on Members' Legislative Proposals consists of one Council member from each province designated by the delegation head.

(2) A political party represented in the Council that is not represented in the Committee, may designate a Council member to attend, and to speak in, the Committee, but that Council member may not vote.

Chairperson

148. (1) The Committee on Members' Legislative Proposals must elect one of its members as the chairperson of the committee.

(2) If the chairperson of the Committee is not available the remaining members must elect another member to act as chairperson.

Functions and powers

149. (1) The Committee on Members' Legislative Proposals must consider and make recommendations to the Council on all legislative proposals made by Council members intending to introduce Bills and referred to the Committee in terms of rule 179.

(2) Consider all petitions referred to it in terms of rule 231F.

Decisions

150. A question before the Committee on Members' Legislative Proposals is agreed when at least five provinces vote in favour of the question.

Part 6: Select Committees

Establishment

151. (1) The Rules Committee must establish select committees to deal with legislation, oversight and other matters concerning the affairs of government.

(2) Any number of divisions of affairs of government may be clustered under any single select committee 'as (ht: Rules Committee may determine.

(3) The Rules Committee must determine the number of members of each select committee.

Publication of names of committee members

152. The Chairperson of the Council must table in the Council a list of names of all permanent members of the Council appointed to a select committee.

Committee chairpersons

153. (1) A select committee must elect a chairperson from among its members before it does any other business. The question must be put by the clerk assigned to the committee.

(2) If the chairperson is not available, the remaining members must elect another of its members t9 act as chairperson.

Process if mediation unsuccessful

228. A section 74 Bill lapses if mediation is unsuccessful.

Part 6: Petitions

Form of petitions

229. Petitions must be in the form prescribed by the Chairperson of the Council in accordance with guidelines determined by the Subcommittee on Review of Rules.

Language of petitions

230. A petition must be in one of the official languages.

Signing of petitions

231. (1) Unless the Chairperson decides otherwise, every- petition must be signed by the petitioner.

(2) Persons unable to write must make their mark on the petition in the presence of two witnesses, who must sign the petition in that capacity.

Lodging and approval by Chairperson of the Council

232. Each petition must be deposited for at least one day with the Secretary, who must submit it to the Chairperson of the Council for approval before it is tabled in the Council.

Tabling

233. If approved the Chairperson of the Council must table the petition in the Council.

Referral of petitions to committees

234. After tabling a petition in the Council, the Chairperson of the Council must refer the petition to the Select Committee on Members Legislative Proposal.

Powers of committee

235. (1) A committee to which a petition has been referred may refer the subject matter of the petition to the Executive or a particular department or other administrative agency for further attention, subject to the approval of the Chairperson of the Council.

(2) A committee considering a petition may recommend to the House any course of action it deems fit and proper.

Petitioner and others to be informed

236. The committee shall inform a petitioner of the decision or other course of action with regard to a particular petition and the reasons therefore.

Part 7: Miscellaneous

Same Bill may not be introduced more than once

237. When a Bill has been passed or has been rejected during any annual session, no Bill of the same substance may be introduced in that year except by leave of the Council.

Lapsing and resumption of proceedings on Bills

238. (1) All Bills introduced in the Council and which have not yet been passed by the Council in terms of Rule 197, when it rises on the last sitting day in any annual session, lapses, but may be reinstated on the Order Paper during the next ensuing session by resolution of the Council.

(2) The approval or rejection of a draft resolution for the resumption of proceedings on a Bill does not prohibit the introduction of a Bill of the same substance during the same or an ensuing session or during an ensuing recess.

Time for consideration of a Bill

239. (1) The Council may not consider or pass a Bill before at least three working days have lapsed, since the committee's report was tabled;

(a) unless it is a Bill before the House in terms of Rule 216 of the Joint Rules; or

(b) an urgent Bill before the House.

Legislative cycle

240. (1) All section 76 or 74(1),(2) and (3) Bills should be dealt with in a manner that will ensure that provinces have sufficient time to consider the Bill and confer mandates.

(2) Depending on the substance of the Bill, the period may not exceed six weeks.