First Report of the Rules Committee of the National Council of Provinces, dated 27 February 2007, as follows:

To amend the definition of money bills to read as follows.

“money Bill” means a Bill to which section 77 of the Constitution applies;

To amend rule 14A by insertion of the underlined words as follows.

Functions of the House Chairperson Committees

14A. (1) The House Chairperson Committees shall perform the following functions-

(J) Consider and approve committees request for travel for purposes of oversight.

To insert rule 46A with the underlined words as follows.

Reference to member by name

46A. No member shall refer to any member by his or her first name or names only.

To amend rule 103 by insertion of the underlined words and deletion of the words in bold as follows.
103. (1)

(2)  A committee may sit at a venue beyond the seat of Parliament, or on a day that is not a working day, or at a time the Council is sitting, or during a recess of the Council, -

(a)  only with the permission of the House Chairperson Committees [Chief Whip of the Council] after consultation with the Chief Whip of the Council, provincial whips and whips designated by parties; and

(b)  with the approval of the Chairperson of the Council.

To insert rule 230A with the underlined words as follows.

Time for consideration of a Bill

230A. (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;

(i)   unless it is a bill before the House in terms of rule 216 of the Joint Rules; or
(ii)   an urgent bill before the House.
To insert rule 230B with the underlined words as follows.

Legislative cycle

230B 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 four weeks.
3.   In the event that the substance of the bill requires sufficient time beyond the four-week period, the cycle may be extended but may not exceed six weeks.

To insert rule 231 with the underlined words as follows.

Form of petitions

231A.    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

231B.    A petition must be in one of the official languages.

Signing of petitions

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

(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

231D.(1)       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

231E.    If approved the Chairperson of the Council must table the petition in the Council.

Referral of petitions to committees

231F.    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

231G. (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

231H.    The committee shall inform a petitioner of the decision or other course of action with regard to a particular petition and the reasons therefore.

To amend rule 236 by insertion of the underlined words and deletion of the words in bold as follows.

Form of questions

236. (1)  (a)
      (c)

(2)  Questions for oral reply are limited to four [two] questions per member per day.

(3)  A question for oral reply may not contain more than five subdivisions.

(4)  No more than six [four] questions for oral reply may be put to a Minister in
respect of any one Government department on any particular day.

To insert rule 244 to 255 with the underlined words as follows.

Part 3: Contempt

Rule 1 to be amended to include the following definition in the appropriate alphabetical position: “Act” means the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004
Adopt new rules – possibly to replace Part 3 – providing as follows:

Establishment

244.      There is a standing committee in terms of section 12(2) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004

Composition

245. (1) The Committee consists of Council members appointed in such a manner that
      (a) the majority party has three representative; and
      (b) two members, each of whom must belong to a different minority party,
represent the minority parties.

Chairperson

246. (1)  The Chairperson of the Council must appoint one of the members of the Committee 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.

Meetings

247. The Chairperson of the Committee convenes meetings of the Committee.

Functions and Powers

248. (1)  The Chairperson of the Council may refer a matter to the Disciplinary Committee.

(2)  The Committee must enquire into and table a report in the House on its findings and recommendations in respect of any alleged misconduct or contempt of Parliament as defined in section 13 of the Act, by any member, except a breach of the Code of Conduct contained in the Schedule to the Joint Rules.

(3)  An enquiry by the Committee must follow the procedure contained in the Schedule to the Rules.

(4)  The Committee must recommend an appropriate penalty in accordance with section 12(5) of the Act if it found that a member is guilty of misconduct or contempt.

(5)  The Committee must consider a request referred to it in terms of section 25(2) of the Act.

(6)  After receiving the request referred to in subrule (5), the Committee must, without delay, forward a copy of the complaint to the member or witness concerned, and thereafter consider the complaint. In considering the complaint the Committee may consider verbal or written representations by the member or witness concerned.

(7)  After considering the complaint, the Committee must issue an appropriate response in the A.T.C.

Complaints by persons other than members

255. On receipt of a written complaint by a person, other than a member, regarding a statement or remark made by a member or a witness in or before the House or a committee, or by a member of the House in or before a joint sitting or joint committee, the Secretary must refer the complaint to the Chairperson of the Council.