RULES OF THE NATIONAL COUNCIL OF PROVINCES

(As approved by the National Council of Provinces)

Issued: March 1999

9^th Edition: March 2008

PREFACE

CONTENTS

Rule Page

CHAPTER 1: APPLICATION OF RULES

1. Definitions ..….…………………………………….…………………… 1

2. Unforeseen matters ………...................................................................… 2

3. Suspension of Rules ……….................................................................…. 3

4. Application of Rules to non-member participants ………...........………. 3

5. Public participation ……..……………………………………………… 3

CHAPTER 2: PRESIDING AND OTHER OFFICERS

6. Election of Chairperson and Deputy Chairpersons ……….................….. 4

7. Functions of Chairperson ……….............................................................. 4

8. Assignment of functions to Deputy Chairpersons, committees and

members……….……………………………………………………….. . 4

9. Election of other presiding officers ………..........................................… 4

10. Acting Chairperson ………..............................................................…… 5

11. Relief of Chairperson ………................................................................… 5

12. Absence of all presiding officers ………......................................……… 5

13. Election of Chief Whip of the Council ……….…………………………. 5

14. Removal of presiding officers from office ..……….…………………… 6

14A Functions of the House Chairperson of Committees……………………. 6

14B Functions of the House Chairperson Oversight and Institutional Support 7

CHAPTER 3: COUNCIL MEMBERS

15. Proof of appointment of designation ………............................................ 9

16. Oath or solemn affirmation …………….................................................. 9

17. Absence of permanent members ………………………………………... 10

CHAPTER 4: SITTINGS OF THE COUNCIL

18. Conduct of business and proceedings ………………………………….. 11

19. Sitting days ...................................………............................................... 11

20. Sitting times ..................................………............................................... 11

21. Venue ...........................................……….......................................……. 11

22. Order Paper ..................................………............................................... 11

23. Minutes of Proceedings ................………............................................... 12

24. Opportunity for prayer or meditation ……............................................. 12

25. Interruption, suspension or adjournment of proceedings ……….............. 12

26. Admission of the public ......………......................................................... 12

27. Orders to leave sittings .........………........................................................ 12

28. Removal of persons .............………......................................................... 13

29. Visiting Heads of State ………………………………………………….. 13

CHAPTER 5: ORDER IN MEETINGS AND RULES OF DEBATE

PART 1: ORDER IN MEETINGS

30. Freedom of speech ……………………………………………………… 12

31. Movement in Chamber ………............................................................… 12

32. Members may not converse aloud ………................................................ 12

33. Members may not be interrupted ………................................................. 12

34. Order at adjournment ……..................................................................… 12

35. Precedence of presiding officer ……..................................................… 13

36. Irrelevance or repetition ………........................................................….. 13

37. Member ordered to leave ………............................................................ 13

38. Censure of member …….....................................................................… 13

39. Period of suspension ……..................................................................… 14

40. Apologies ………................................................................................… 14

41. Grave disorder ....……….....................................................................… 14

42. Debating of charges against members .………...................................…. 14

PART 2: RULES OF DEBATE

43. Members to address Chair ……….......................................................… 14

44. Calling of members ………..................................................................… 15

45. Time limits for speeches ………........................................................…. 15

46. Offensive and unbecoming language ……….......................................… 15

47. Reflections upon previous Council decisions and on judges, etc. ……... 16

48. Matters pending before the courts .………..........................................… 16

49. Rule of anticipation .......................………..........................................…. 16

50. Explanations ..................................………..........................................… 16

51. Points of order ...............................………..........................................…. 17

52. Acting for absent member .............………..........................................…. 17

53. Rights of members to speak ..........……….........................................…. 17

54. When reply allowed .......................………..........................................… 17

55. Debate closed .................................………..........................................… 17

CHAPTER 6: DECISION OF QUESTIONS

PART 1: GENERAL

56. Determination of a day for decision of postponed questions ………....... 18

57. Postponement of decisions .................................………....................….. 18

58. Postponed questions put without further debate ………....................…. 18

59. Questions put again ....………...........................................................…... 18

60. Questions fully put .....………........................................................…….. 18

61. Absence of quorum for decisions ………...........................................….. 18

62. List of special members to be submitted ………................................….. 19

PART 2: VOTING BY INDIVIDUAL MEMBERS

63. Declaration of vote .......................…………............................................. 19

64. Recording of opposition ......………........................................................ 19

65. Demand for division ....................………….............................................. 19

66. Procedure for divisions ...........................…………................................... 20

67. Points of order during division ......................…………........................... 20

68. Confusion or error during division .............………........…...................... 20

69. Correction of Minutes .....…......................……….................................... 20

PART 3: VOTING BY PROVINCES

70. Bells to be rung before questions are put ...………................................. 21

71. Declarations of vote .........………….......................................................... 21

72. Voting ………........................................................................................... 21

73. Mandates ………………………………………………………………... 22

CHAPTER 7: MOTIONS

74. Nature of motions ........………….............................................................. 23

75. Same question rule ....................………................................................... 23

76. No amendment to draft resolution .....……….......................................... 23

77. Motions without notice .....................………........................................... 23

78. Notice of motion ...............................………........................................... 24

79. Acting for absent member ................…………......................................... 24

80. Chairperson may amend notices .......………........................................... 24

81. Question of privilege ........................…………......................................... 24

82. Withdrawal and lapsing of motion ...…………......................................... 24

CHAPTER 8: MATTERS OF PUBLIC IMPORTANCE AFFECTING THE PROVINCES

83. Debates on Presidential Addresses ...............................………….……... 27

84. Matters of public importance ........................…………........................... 27

85. Public debate on constitutional amendments ..............………….............. 28

CHAPTER 9: COMMITTEE SYSTEM

PART 1: INTRODUCTION

86. Council committees .............................………....................................… 29

87. Subcommittees ……………………………..………………………….. 29

88. Application of Rules to committees and subcommittees

established in terms of legislation………………….………..……………. 30

PART 2: RULES APPLICABLE TO ALL COMMITTEES

89. Composition of committees …………………………………………….. 30

90. Alternates ……………………………………………………………….. 30

91. Chairperson ………………………………………………………….….. 31

92. Acting chairperson ……………………………………………………… 31

93. First meetings of committees …………………………………………… 32

94. Meetings of Council committees and subcommittees …………………... 32

95. Meetings and functioning of committees and subcommittees ………….. 33

96. Quorums and decisions ……………….…..……………………………. 33

97. Order in meetings ………………………………………………………. 33

98. Attendance by members ………………………………………………… 33

99. Charges against members ……………………………………………….. 33

100. Interruption, suspension or adjournment ………………….………..…... 34

101. Referral of official written instruments to committees …………………. 34

102. Reporting ………………………………………………………………... 34

103. General powers of committees …………………………………………. 35

104. Joint meetings of committees …………………………………………… 36

105. Exchange of views between committees ……………………………….. 37

106. Subcommittees …………………………………………………………. 37

107. Persons appearing before committees and subcommittees …….………. 38

108. Presence of other Council members ……………………………………. 38

109. Local government representatives ……………………………………… 38

110. Admission of the public ……………………………………………….. 38

111. Exclusion of members of the public from meetings …………………… 39

112. Exclusion of other persons from meetings ……………………………… 39

113. Removal of persons …………………………………………….………. 40

114. Publication of proceedings, evidence, reports, etc ……………………… 40

PART 3: RULES COMMITTEE

115. Establishment …………………………………………………………… 41

116. Composition ……………………………………………………………. 41

117. Chairperson …………………………………………………….………. 41

118. Functions and powers ………………………………………….………. 42

119. Implementation of policy……………………………… ………………… 42

120. Decisions ……………………………………………………………….. 43

121. Subcommittees …………………………………………………………. 43

SUBCOMMITTEE ON THE COUNCIL BUDGET

122. Composition …………………………………………………………….. 43

123. Chairperson ……………………………………………………………... 44

124. Function and powers ………………………………………………..…. 44

125. Decisions ………………………………………………………………... 44

SUBCOMMITTEE ON SUPPORT FOR MEMBERS OF THE COUNCIL

125A. Composition…………………………………………………………….. 45

125B. Chairperson……………………………………………………………… 45

125C. Functions and powers…………………………………………………… 45

125D. Decisions………………………………………………………………… 45

SUBCOMMITTEE ON REVIEW OF THE COUNCIL RULES

126. Composition …………………………………………………………….. 45

127. Chairperson ……………………………………………………………... 46

128. Functions and powers ………………………………………..………… 46

129. Decisions ………………………………………………………………... 46

SUBCOMMITTEE ON PARLIAMENTARY POWERS AND PRIVILEGES

129A. Composition……………………………………………………………… 46

129B. Chairperson………………………………………………………………. 47

129C. Functions and powers……………………………………………………. 47

129D. Decisions………………………………………………………………….. 47

SUBCOMMITTEE ON INTERNAL ARRANGEMENTS

130. Composition ……………………………………………………………. 47

131. Chairperson …………………………………………………….………. 47

132. Functions and powers ………………………………………………….. 47

133. Decisions ……………………………………………………….………. 48

SUBCOMMITTEE ON INTERNATIONAL RELATIONS

134. Composition ……………………………………………………………. 48

135. Chairperson …………………………………………………….………. 48

136. Functions and powers ………………………………………………….. 49

SUBCOMMITTEE ON DELEGATED LEGISLATION

137. Composition ……………………………………………………………. 49

138. Chairperson …………………………………………………….……….. 49

139. Functions and powers ………………………………………….……….. 49

140. Decisions ……………………………………………………….……… 50

PART 4: PROGRAMME COMMITTEE

141. Establishment …………………………………………………………… 51

142. Composition ……………………………………………………………. 51

143. Chairperson …………………………………………………….……….. 51

144. Functions and powers …………………………………………..……… 51

145. Decisions ……………………………………………………….………. 52

146. Subcommittee …………………………………………………………… 52

PART 5: COMMITTEE ON PETITIONS AND MEMBERS’ LEGISLATIVE PROPOSALS

147. Establishment …………………………………………………………… 52

148. Chairperson …………………………………………………….………. 52

149. Functions and powers ………………………………………………….. 52

150. Decisions ……………………………………………………….………. 53

PART 6: SELECT COMMITTEES

151. Establishment …………………………………………………………… 53

152. Publication of names of committee members ………………….……….. 53

153. Committee chairpersons ………………………………………………… 53

154. Composition …………………………………………………………….. 53

155. Quorums and decisions …………………………………………………. 54

PART 7: COMMITTEE OF CHAIRPERSONS

156. Establishment …………………………………………………………… 54

157. Composition …………………………………………………………….. 54

158. Chairperson …………………………………………………….……….. 55

159. Functions and powers …………………………………………..………. 55

PART 8: AD HOC COMMITTEES

160. Establishment …………………………………………………………… 55

161. Composition ……………………………………………………………. 56

CHAPTER 10: LEGISLATIVE PROCESS

PART 1: GENERAL

162. Legislative powers of Council ………………………………………….. 57

163. Initiation of legislation by Council …………………………….……….. 58

164. Initiation of legislation by national executive or provinces …………….. 58

165. Application of this Chapter …………………………………….………. 58

PART 2: SECTION 76(1) BILLS

166. Chairperson’s functions when 76(1) Bills are received

from Assembly……..………………………………………….………… 58

167. Referral to committee ………………………………………….……….. 58

168. Opportunity for public input ……………………………………………. 59

169. Committee’s functions …………………………………………………. 59

170. Suspension of further consideration of Bill by committee …….……….. 60

171. Committee’s report …………………………………………….……….. 60

172. Consideration of committee report and Bill by Council ……….……….. 61

173. Amendments after Bill placed on Order Paper …………………………. 61

174. Referral of amendments proposed in Council to Council Committee …. 62

175. Consequences of approval amendment or rejection of section 76 (1) Bills 63

176. Process if mediation successful ………………………………………… 63

177. Process if mediation unsuccessful ……………………………………… 64

PART 3: SECTION 76(2) BILLS

Bills initiated by Council members

178. Council’s permission required for introduction ………………………… 65

179. Referral of proposals to Committee on Member’s Legislative

Proposals……………….…………………………………….…………… 65

180. Council’s consideration of proposal ……………………………………. 66

181. Preparation of draft Bill ………………..……………………………….. 66

Bills initiated by Council committees

182. Council’s permission required for introduction ……..………………….. 67

183. Consideration of proposal ………..……………………………………... 67

184. Preparation of draft Bill ……..………………………………………….. 67

185. Consideration of draft Bill before introduction …..…………………….. 68

Publication

186. Prior notice and publication of draft legislation …..……………………. 68

187. Notice withdrawing proposed legislation …..………………….……….. 69

Introduction

188. Method of introduction ………………………………………………… 69

189. Classification of Bills ………………………………………….……….. 70

190. Reintroduction of Bills ruled out of order by JTM …………….………. 70

Consideration

191. Chairperson’s functions when section 76(2)Bills are introduced ……….. 70

192. Referral to committee ………………………………………….……….. 70

193. Committee’s functions …………………………………………………. 71

194. Suspension of further consideration of Bill by committee ……..………. 71

195. Referral to Council committee if joint committee fails to report ………. 71

196. Committee’s report …………………………………………….………. 72

197. Consideration of committee’s report and Bill by Council ……………… 74

198. Amendments after Bill placed on Order Paper …………………………. 74

199. Referral of amendments proposed in Council to Council committee ….. 75

200. Referral to Assembly committee if joint committee fails to report …….. 76

201. Consequences of approval or rejection of section 76 (2) Bill ………….. 76

Reconsideration if amended by Assembly

202. Bill to be placed on Order Paper or referred to select committee ……… 76

203. Committee’s report …………………………………………………….. 77

204. Debate and decision ……………………………………………………. 77

205. Process if mediation successful ………………………………………… 78

206. Unsuccessful mediation ………………………………………………… 79

PART 4: SECTION 75 BILLS

207. Chairperson’s functions when section 75 Bills received from Assembly .. 79

208. Referral to committee ………………………………………….……….. 79

209. Bill not referred to committee placed on Order Paper …………………. 79

210. Committee’s functions ………………………………………………… 79

211. Committee’s report …………………………………………………….. 80

212. Amendments ……………………………………………………………. 81

213. Report to and decision of Council on amendments …………….………. 82

214. Consequences of approval of amendment or rejection of

section 75 Bills……..………….………………………………………… 83

PART 5: SECTION 74 BILLS

215. Tabling of public comments on Bills amending the Constitution ……… 83

216. Chairperson’s functions when section 74 Bills received

from Assembly………………….……………………………….……….. 85

217. Referral to committee ………………………………………….……….. 85

218. Bill not referred to committee placed on Order Paper …………………. 85

219. Functions of committee on referral …………………………………….. 85

220. Opportunity for public input ……………………………………………. 86

221. Suspension of further consideration of Bill by committee …….……….. 86

222. Committee’s report …………………………………………………….. 86

223. Consideration of committee report and Bill by Council ……….………. 87

224. Amendments ……………………………………………………………. 88

225. Report to and decision of Council on amendments ……………………. 89

226. Consequences of approval, amendment or rejection of

section 74 Bills…….…………………………………………….……….. 89

227. Process if mediation successful ………………………………………… 89

228. Process if mediation unsuccessful ……………………………………… 90

PART 6:PETITIONS

229. Form of petitions ………………………………………………………… 90

230. Language of petitions ……………………………………………………. 90

231. Signing of petitions ………………………………………………………. 90

232. Lodging and approval by Chairperson of the Council …………………… 90

233. Tabling ……………………………………………………………………. 90

234. Referral of petitions to committees ……………………………………… 90

235. Powers of committee …………………………………………………… 90

236. Petitioner and others to be informed …………………………………….. 91

PART 7: MISCELLANEOUS

237. Same Bill may not be introduced more than once ……………………… 91

238. Lapsing and resumption of proceedings with Bill ……………………… 91

239. Time for consideration of a Bill ………………………………………… 91

240. Legislative cycle ………………………………………………………… 91

241. Withdrawal of a Bill ……………………………………………………. 92

CHAPTER 11:QUESTIONS

PART 1: GENERAL

242. Notice …………………………………………………………………… 93

243. Question days …………………………………………………………… 93

244. Placing and arrangement ……………………………………….……….. 93

PART 2: QUESTIONS FOR ORAL REPLY

245 Period after notice ………………………….……………………………. 94

246. Form of question …………………….………………………….………. 94

247. Times allotted …………………………………………………………… 95

PART 3: QUESTIONS FOR WRITTEN REPLY

248. Form of questions ……………………………………………………… 95

249. Written reply not given ……………………………………………. 95

CHAPTER 12: MISCELLANEOUS

PART 1: COMMUNICATION WITH THE EXECUTIVE

250. Messages by the President ……………………………………………… 96

251. Executive statement……………………………………………………… 96

252. Resolutions affecting the executive ……………………………………. 96

253. Advice, recommendation or approval of the Council or a

committee of the Council to the executive…….…………………………. 96

PART 2: INTERVENTIONS

254. National interventions in provinces ……………………………………. 96

255. Provincial interventions in local government ………………….……….. 97

PART 3: CONTEMPT

256. Establishment……………………………………………………………. 98

257. Composition …………………………………………………………… 98

258. Chairperson ……………………………………………………………. 99

259. Meetings ……………………………………………………………. 99

260. Functions and Powers …………………………………………………… 99

261. Member adjudged guilty of contempt ………………………………….. 100

262. Fines ……………………………………………………………………. 100

263. Recovery of fines ………………………………………………………. 100

264. Fines remitted and persons discharged …………………………………. 100

265. Complaints by persons other than members 100

PART 4: WITNESSES

266. Witness expenses ……………………………………………….………. 100

PART 5: OFFICE OF SECRETARY AND RECORDS OF COUNCIL

267. Minutes of proceedings …………………………………………………. 101

268. Journals of Council ……………………………………………………… 101

269. Papers …………………………………………………………………… 101

270. Submission of documentation to provinces …………………….………. 102

271. General duties of Secretary …………………………………………….. 102

ANNEXURE

Procedure to be followed in the investigation and determination of allegations of misconduct and contempt of Parliament …………………………………………104

CHAPTER 9 COMMITTEE SYSTEM

Part 1: Introduction

Council committees

86. (1) The Council has the following committees:

(a) The Rules Committee;

(b) the Programme Committee;

(d) the select committees;

(e) the Committee of Chairpersons established by rule 156;

(f) any ad hoc committees; and

(g) any other committees established by the Council by resolution.

(2) Before any Council committee or other Council structure is

established, the proposal must first be referred to the Rules Committee for a report and recommendation. If the proposal to establish a committee or other Council structure is contained in draft legislation before a select committee, the select committee must first refer the proposal to the Rules Committee for a report and recommendation before it considers the proposal.

(3) Special members may be members of committees.

(4) When committee members are appointed, the need for women to be

fairly represented on committees must be taken into account. If women are not fairly represented on Council committees, the Chairperson and the delegation heads must consider methods of achieving fair representation.

Subcommittees

87. (1) A committee –

(a) has such subcommittees as are established by these Rules; and

(b) may appoint a subcommittee only when –

(i) there is provision for such appointment in these Rules; or

(ii) authorised by the Rules Committee or by resolution of the Council.

(2) Subrule (1) does not prevent a committee from assigning a task to one or more of its members for a purely internal or administrative purpose.

Application of Rules to committees and subcommittees established in terms of legislation

88. These Rules also apply to a committee or subcommittee established in terms of legislation, and in such application the committee or subcommittee must be regarded as having been established in terms of these Rules.

Part 2: Rules applicable to all committees

Composition of committees

89. (1) Provinces are entitled to be equally represented in committees except –

(a) where these Rules provide otherwise; or

(b) in the case of matters to which section 75 of the Constitution applies.

(2) A member of a committee or subcommittee may at any time be replaced or withdrawn by –

(a) a province, if the member represents a province in the committee; or

(b) a party, if the member represents a party in the committee.

(3) The names of the members of a committee or subcommittee must be announced in the ATC.

Alternates

90. (1) Alternates may be appointed for one or more specific members of a committee or subcommittee.

(2) An alternate acts as a member when the member for which the alternate

was appointed –

(a) is absent; or

(b) has vacated office, until the vacancy is filled.

Chairperson

91. (1) Unless these Rules provide otherwise in a specific case-

(a) a committee must elect one of its members as the chairperson of the committee; and

(b) the parent committee of a subcommittee must appoint the chairperson of the subcommittee.

(2) The chairperson of a committee or subcommittee, subject to the provisions of these Rules and the directions of the committee, or the parent committee in the case of a subcommittee –

(a) presides at meetings of the committee or subcommittee;

(b) may act in any matter on behalf of and in the best interest of the committee or subcommittee when it is not practical to arrange a meeting of the committee or subcommittee to discuss that matter, if that matter concerns –

(i) a request by a person to give evidence or make oral representations to the committee or subcommittee;

(ii) any other request to the committee or subcommittee; and

(iii) the initiation of any steps or decisions necessary for the committee or subcommittee to perform its functions or exercise its powers; and

(c) performs the functions, tasks and duties and exercises the powers that legislation, resolutions of the Council and the committee, or the parent committee in the case of a subcommittee, assigns to the chairperson.

Acting chairperson

92. (1) If the chairperson of a committee or subcommittee is absent or unable to perform the functions of chairperson, the committee or subcommittee may elect another of its members as acting chairperson unless these Rules provide otherwise in a specific case,.

(2) An acting chairperson performs the functions and may exercise the

powers of the chairperson.

First meetings of committees

93. (1) The Secretary must call a meeting of a committee within five

working days after the names of the members of the committee have been announced.

(2) If the Council is in recess the Secretary must notify the members of the committee, the Chief Whip of the Council and the most senior whip of each of the other parties, of the time and place of the meeting at least 10 working days before the meeting.

Meetings of Council committees and subcommittees

94. (1) Council committees and subcommittees meet whenever necessary

and as determined in accordance with these Rules and the decisions and directives of

the House Chairperson Committees-

(a) acting within the guidelines of the Programme Committee; and

(b) taking into account requests of committees to meet urgently or to meet jointly with Assembly committees.

(2) A meeting of a committee or subcommittee may be called in terms of

subrule (1) –

(a) by the chairperson of the committee;

(b) by the Chairperson of the Council, if the chairperson of the committee is not available; or

(4) A meeting of a subcommittee may be called in terms of subrule (1) –

(a) by the chairperson of the subcommittee; or

(b) by the parent committee.

(5) When a meeting is called the members of the committee or

subcommittee must –

(a) be given notice of the venue and time of the meeting; and

(b) be provided with all relevant documents, including an agenda or details of the purpose of the meeting.

(6) A meeting which has a section 76 agenda item must be called with at

least 72 hours notice, except in an exceptional case and after the chairperson of the relevant committee has consulted with the delegation whips.

Meetings and functioning of committees and subcommittees

95. (1) The Chairperson of Committees is responsible for scheduling and co-ordinating meetings of all committees and subcommittees, and must for this purpose consult the committee chairpersons and the whips.

(2) The Chairperson of Committees, after having consulted the committee chairpersons and the whips, may issue directives and guidelines on -

(a) the venues for committee and subcommittee meetings;

(b) the scheduling and functioning of committees and subcommittees;

Quorums and decisions

96. (1) A committee may proceed with business irrespective of the number of members present, but, when a question is to be decided, members representing at least five provinces must be present.

(2) A question is decided by a supporting vote of at least five provinces or,

if it is a constitutional amendment, at least six provinces

(3) Subrules (1) and (2) do not apply to select committees.

Order in meetings

97. Rules 32, 33, 36, 41, 46 and 48, adjusted as may be necessary in the context, apply to meetings of committees and subcommittees.

Attendance by members

98. A person loses membership of a committee or subcommittee if -

(a) that person is absent from three consecutive meetings of the committee or subcommittee without the leave of the chairperson of the committee or subcommittee; and

(b) in the opinion of the Chairperson of the Council, that person did not have good reasons to be absent from the meetings.

Charges against members

99. If any information charging a Council member comes before a committee, the committee may not proceed upon that information, but must report it to the Chairperson of the Council without delay.

Interruption, suspension or adjournment

100. The member presiding at a meeting of a committee or subcommittee may interrupt or suspend the proceedings or adjourn the meeting, and may change the date for the resumption of business in the committee.

Referral of official written instruments to committees

101. (1) Except where these Rules provide otherwise, the Chairperson of the Council must refer to an appropriate committee-

(a) all Bills introduced in, or referred by the Assembly to, the Council;

(b) all reports and other written instruments tabled in the Council by the Chairperson of the Council or submitted for tabling in the Council by a member of the national or a provincial executive or in terms of legislation; and

(c) all requests, applications and other written submissions made to the Council in terms of legislation as part of or to activate a parliamentary process prescribed by such legislation.

(2) If there is doubt as to which committee is the appropriate committee, the Chief Whip of the Council must decide the issue subject to these Rules and any directions of the Rules Committee or a resolution of the Council.

(3) If a matter is referred to two or more committees, the referral may be accompanied by an instruction -

(a) whether the committees must confer; and

(b) which of them must report, if a report is required.

(4) A committee must deal with an instrument referred to it in terms of subrule (1) in accordance with any applicable prescribed procedures. If the committee is not required in terms of such procedures to report to the Council on the matter concerned, it may nevertheless submit such a report.

Reporting

102. (1) A committee must report to the Council on a matter referred to the

committee-

(a) when the Council is to decide the matter in terms of these Rules, the Joint Rules, a resolution of the Council or legislation;

(b) if the committee has taken a decision on the matter, whether or not the Council is to decide the matter as contemplated in paragraph (a); or

(2) A committee must report to the Council on –

(a) all other decisions taken by it, except those decisions concerning its internal business; and

(b) its activities at least once per year.

(3) A report of a committee -

(a) must be submitted to the Council by the chairperson or another member of the committee designated by the committee; and

(b) may request that the chairperson or another member of the committee designated by the committee introduces or explains the report in the Council.

(4) A committee may not present a minority report but must reflect

minority views in the committee in its reports.

(5) If a committee reports on a matter other than a matter mentioned in subrule (1) (a) and is of the view that its report, or a specific matter mentioned in the report, should be considered by the Council, it may make a request to that effect in the report. When such a request is made the matter must be placed on the Order Paper.

(6) A committee of the Council representing the Council on a joint committee of the Council and the National Assembly may present its own report to the Council.

(7) A subcommittee must report to its parent committee.

General powers of committees

103. (1) For the purposes of performing its functions a committee may, subject to the Constitution, legislation, the other provisions of these Rules and resolutions of the Council –

(a) summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

(b) receive petitions, representations or submissions from interested persons or institutions;

(d) permit oral evidence, representations and submissions;

(e) determine its own procedure;

(f) meet at a venue determined by it, which may be a venue beyond the seat of Parliament if the Council is not in session;

(g) meet on any day and at any time, including-

(i) on a day which is not a working day;

(ii) on a day on which the Council is not sitting;

(iii) at a time when the Council is sitting; or

(iv) during a recess; or

(h) exercise any other powers assigned to it by the Constitution, legislation, the other provisions of these Rules or resolutions of the Council.

(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 after consultation with the Chief Whip of the Council, provincial whips and whips designated by parties; and

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

(3) A committee referred to in rule 86 (1)(f) has the powers listed in

subrule (1) only when assigned to it in terms of these Rules or by a resolution of the Council.

Joint meetings of committees

104. (1) Two or more committees of the Council may meet jointly to consider a matter referred to them by the Council or the Chairperson of the Council.

(2) When a matter is referred to two or more committees meeting jointly,

the Council or the Chairperson must identify one of the committees as the committee in charge for administrative purposes. The chairperson of the committee in charge presides over joint meetings, but the committees involved must present a single report.

(3) Each province has only one vote at a joint meeting of Council committees. When a matter falls under section 75 of the Constitution, the participation and voting rights of party members on committees sitting jointly are the same as the rights that they have on the separate committees.

Exchange of views between committees

105. (1) A committee may invite another Council committee to meet with it to exchange views on a matter of common interest.

(2) The Council or the Chairperson of the Council may instruct a committee to consult another committee when it considers a particular matter.

Subcommittees

106. (1) A subcommittee established by or in terms of these Rules –

(a) is accountable to its parent committee;

(b) must carry out its task and responsibilities within a policy framework determined by its parent committee and in accordance with these Rules and any directives, guidelines or regulations issued by the parent committee;

(d) may only make recommendations to its parent committee; and

(e) must report to its parent committee regularly or when requested by the parent committee.

(2) A subcommittee has the powers listed in rule 103 only when assigned to it in terms of these Rules or by a resolution of the Council.

(3) When a committee which has the power to establish a subcommittee, establishes a subcommittee, it –

(a) must define the subcommittee’s task;

(b) must designate a chairperson for the subcommittee;

(d) must determine the extent, nature and form of the subcommittee’s report to the committee, and time limits for the submission of the report; or

(e) may delegate any of its powers to the subcommittee which the subcommittee requires for the performance of its task.

(4) A subcommittee referred to in subrule (3) ceases to exist –

(a) when it has completed the task for which it was established; or

(b) if it is dissolved earlier by the committee.

Persons appearing before committees and subcommittees

107. Any person, including counsel and attorneys, appearing before a committee or subcommittee must observe the directions and conform to the procedures determined by the chairperson of the committee or subcommittee.

Presence of other Council members

108. A Council member who is not a member of a committee or subcommittee –

(a) may be present at a meeting of the committee or subcommittee; and

(b) may speak on a matter before the committee or subcommittee subject to any reasonable restrictions the committee chairperson may impose, but may not vote except when the vote is cast as an alternate.

Local government representatives

109. When the interests of local government are affected by a matter that is being discussed in a committee or subcommittee, a representative of local government designated to represent local government in the Council in terms of section 67 of the Constitution –

(a) may be present at a meeting of the committee or subcommittee; and

(b) may speak on that matter subject to any reasonable restrictions the member presiding at the meeting may impose, but may not vote.

Admission of the public

110. (1) Meetings of committees and subcommittees are open to the public, including the media, and the member presiding may not exclude the public, including the media, from the meeting, except when –

(a) legislation, these Rules or resolutions of the Council provide for the committee or subcommittee to meet in closed session; or

(b) the committee or subcommittee is considering a matter which is –

(i) of a private nature that is prejudicial to a particular person;

(ii) protected under parliamentary privilege, or for any other reason privileged in terms of the law;

(iii) confidential in terms of legislation; or

(iv) of such a nature that its confidential treatment is for any other reason reasonable and justifiable in an open and democratic society.

(2) A decision in terms of subrule (1) to exclude the public must be taken

by the committee or subcommittee concerned, provided that the chairperson of the committee or subcommittee may at any time –

(a) before the start of the meeting rule that the meeting must take place in closed session, but the committee or subcommittee may at any time after the start of the meeting open the meeting; or

(b) close the meeting for a decision by the committee or subcommittee whether the committee or subcommittee should consider any matter in closed session.

(3) The Chairperson of the Council must -

(a) set aside places for the public during committee and subcommittee meetings; and

(b) determine the entrances and routes through which the public can obtain access to the places where committees and subcommittees meet.

(4) The Chairperson of the Council may take reasonable measures -

(a) to regulate public access, including access of the media, to the committees and subcommittees;

(b) to prevent and control misconduct of the public during committee and subcommittee meetings; and

(c) to provide for the searching of any person, including that person’s vehicle or other property in that person’s possession, and, where appropriate, the refusal of entry to, or the removal of, any person.

Exclusion of members of the public from meetings

111. The member presiding at a meeting of a committee or subcommittee may –

(a) order a member of the public to leave the meeting -

(i) when the public is excluded from a meeting in terms of rule 110 (1); or

(ii) when necessary to give effect to the measures taken by the Chairperson of the Council under rule 110 (4); or

(b) order a person referred to in rule 107 to leave the meeting if that person does not comply with a ruling of the presiding member.

Exclusion of other persons from meetings

112. When the public is excluded from a meeting of a committee or subcommittee in terms of rule 110 (1), the member presiding may order a staff member, a member or official of the executive or a member of Parliament or a provincial legislature who is not a member of the committee or subcommittee, also to leave the meeting.

Removal of persons

113. When instructed by the member presiding, the Usher of the Council must remove or arrange for the removal of any person who -

(a) without permission, is present in that part of a committee room designated for members of the committee or subcommittee only;

(b) disrupts the proceedings of a committee or subcommittee, causes a nuisance; or

Publication of proceedings, evidence, reports, etc.

114. (1) All documents officially before, or emanating from, a committee or subcommittee are open to the public, including the media, but the following documents and recordings may not be published and their contents may not be disclosed, except with the permission of the committee or subcommittee, or by order of the Chairperson of the Council, or by resolution of the Council:

(a) The proceedings of, or evidence taken by or placed before the committee or subcommittee while the public were excluded from a meeting in terms of rule 110 (1).

(b) Any report on or summary of such proceedings or evidence.

(c) Any document placed before or presented to the committee or subcommittee as a confidential document and accepted by it as a confidential document.

(d) Any document –

(i) submitted or to be submitted to members of the committee or subcommittee as a confidential document by order of the chairperson of the committee or subcommittee; or

(ii) after its submission to members declared by the chairperson as a confidential document.

(2) The permission, order or resolution authorising the publication, or

the disclosure of the contents, of documents mentioned in subrule (1), may provide that specific parts of, or names mentioned in, the document or recording may not be published or disclosed.

(3) For the purposes of subrule (1) a document is officially before a

committee or subcommittee when –

(a) the presiding member places the document or permits the document to be placed before the committee or subcommittee; or

(b) a person appearing before the committee or subcommittee as a witness or to make representations, presents the document to the committee or subcommittee.

(4) Subrules (1) (c) and (d) apply only to documents that –

(a) contain private information that is prejudicial to a particular person;

(b) are protected under parliamentary privilege, or for any other reason are privileged in terms of the law;

(d) are subject to a media embargo, until the embargo expires; or

(e) are of such a nature that their confidential treatment is for any other reason reasonable and justifiable in an open and democratic society.

Part 3: Rules Committee

Establishment

115. There is a Rules Committee.

Composition

116. (1) The Rules Committee consists of –

(a) the Chairperson of the Council;

(b) the permanent Deputy Chairperson;

(d) the House Chairperson Committees and House Chairperson Oversight and Institutional Support;

(e) the Programming Whip; and

(f) two representatives from each provincial delegation one of whom must be a permanent delegate.

(2) A political party represented in the Council that is not represented in

the Rules Committee, may designate a Council member to attend, and to speak in, the Committee but that Council member may not vote.

Chairperson

117. (1) The Chairperson of the Council is the chairperson of the Rules Committee.

(2) If the Chairperson of the Council is not available the permanent

Deputy Chairperson of the Council performs the functions of the chairperson of the Committee.

Functions and Powers

118. (1) The Rules Committee may –

(a) develop, formulate and adopt policy concerning the exclusive business of the Council in respect of –

(i) the management, administration and functioning of the Council;

(ii) the financial management and policy of the Council, including the sources of funding, the budget, income and expenditure of the

Council;

(iii) the proceedings, procedures, rules, orders and practices concerning the business of the Council; and

(iv) the provision of facilities and other support for Council members;

(b) make recommendations to the Council concerning the Council’s annual budget;

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

(e) lay down guidelines, issue directives and formulate regulations regarding any aspect of policy referred to in this rule;

(f) appoint subcommittees to assist it with the performance of any of its functions or the exercise of any of its powers;

(g) recommend to the Council rules and orders concerning the business of the Council, including amendments to these Rules; and

(h) perform any other functions assigned to it by legislation, the other provisions of these Rules or resolutions of the Council.

(2) The Rules Committee may deal with a matter falling within its functions

and powers –

(a) on its own initiative; or

(b) when referred to it for consideration and report by –

(i) the Council; or

(ii) the Chairperson of the Council.

Implementation of policy

119. The responsibility for the implementation of policy determined by the Rules Committee vests in the Chairperson of the Council, subject to the decisions of the Rules Committee and resolutions of the Council.

Decisions

120. (1) Each province has one vote on the Rules Committee.

(2) All questions before the Rules Committee are agreed when at least five

provinces vote in favour of the question.

Subcommittees

121. (1) The Rules Committee has the following subcommittees:

(a) the Subcommittee on the Council Budget;

(b) the Subcommittee on Review of the Council Rules;

(d) the Subcommittee on Delegated Legislation;

(e) the Subcommittee on International Relations;

(f) the subcommittee on Parliamentary Powers and Privileges;

(g) the subcommittee on Support for Council Members; and

(h) any other subcommittees appointed in terms of rule 118 (1) (f).

(2) When appointing the members of a subcommittee, the Rules

Committee -

(a) is not restricted to the members of the Rules Committee; and

(b) may appoint any Council member.

(3) Rule 106 (1) and (2) apply to all subcommittees of the Rules

Committee.

(4) A subcommittee of the Council’s Rules Committee may take a matter

to the Joint Rules Committee or a Joint Subcommittee of the Joint Rules Committee only if authorised by the Council’s Rules Committee.

(5) A subcommittee of the Council’s Rules Committee may not issue directives relating to any aspect of the control and management of the administration of the Council.

Subcommittee on the Council Budget

Composition

122. The Subcommittee on the Council Budget consists of the Council members appointed in such a way 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

123. (1) The Rules Committee must appoint one of the members of the Subcommittee as the chairperson of the Subcommittee.

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

Functions and powers

124. The Subcommittee may –

(a) make recommendations to the Rules Committee on the development, formulation and adoption of policy regarding –

(i) the financial management of the Council;

(ii) the sources of funding, resources, income and expenditure of the Council; and

(iii) the preparation of the Council’s input for Parliament’s annual budget;

(b) make recommendations to the Rules Committee on the development, formulation and adoption of policy regarding the provisions of facilities and other support for Council members;

(c) monitor and oversee the implementation of policy on matters referred to in paragraphs (a) and (b) and make recommendations in this regard to the Rules Committee; and

(d) perform any other function and exercise any other power assigned to it by the Rules Committee.

Decisions

125. (1) A question before the Subcommittee is decided by consensus.

(2) If consensus cannot be reached all views in the Subcommittee must be reported to the Rules Committee.

Subcommittee on Support for Members of the Council

Composition

125A. The Subcommittee on Support for Members of the Council consists of the Council members appointed in such a way that -

(a) the majority party has three representative; and

Chairperson

125B. (1) The Rules Committee must appoint one of the members of the Subcommittee as the chairperson of the Subcommittee.

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

Functions and powers

125C. The Subcommittee may –

(a) make recommendations to the Rules Committee on the development, formulation and adoption of policy regarding the provisions of facilities and other support for Council members;

(b) monitor and oversee the implementation of policy on matters referred to in paragraphs (a) and make recommendations in this regard to the Rules Committee; and

Decisions

125D. (1) A question before the Subcommittee is decided by consensus.

(2) If consensus cannot be reached all views in the Subcommittee must be reported to the Rules Committee.

Subcommittee on Review of the Council Rules

Composition

126. The Subcommittee on Review of the Council Rules consists of Council members appointed in such a way that –

(a) the majority party has three representatives; and

(b) two members, each of whom must belong to a different minority party, represent the minority parties.

Chairperson

127. (1) The Rules Committee appoints one of the members of the Subcommittee as the chairperson of the Subcommittee.

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

Functions and powers

128. The Subcommittee may –

(a) make recommendations to the Rules Committee regarding –

(i) the proceedings, procedures, rules, orders and practices of the Council; and

(ii) the development, formulation and adoption of policy on a matter mentioned in subparagraph (i); and

(b) perform any other function and exercise any other power assigned to it by the Rules Committee.

Decisions

129. (1) A question before the Subcommittee is decided by consensus.

(2) If consensus cannot be reached all views in the Subcommittee must be reported to the Rules Committee.

Subcommittee on Parliamentary Powers and Privileges

Composition

129A. The Subcommittee on Parliamentary Powers and Privileges consists of Council members appointed in such a way that –

(a) the majority party has three representatives; and

Chairperson

129B. (1) The Chairperson of the Council is the chairperson of the Subcommittee .

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

Functions and powers

129C. The Subcommittee may –

(a) review existing legislation, the common law and practices relating to parliamentary powers and privileges;

(b) make recommendations to the Rules Committee to transform the existing law and practice on parliamentary powers and privileges; and

Decisions

129D. (1) A question before the Subcommittee is decided by consensus.

(2) If consensus cannot be reached all views in the Subcommittee must be reported to the Rules Committee.

Subcommittee on Internal Arrangements

Composition

130. (1) The Subcommittee on Internal Arrangements consists of the permanent Deputy Chairperson of the Council and other Council members appointed in such a way that-

(a) the majority party has three representatives; and

(b) two members, each of whom must belong to a different minority party, represent the minority parties.

Chairperson

131. (1) The permanent Deputy Chairperson is the chairperson of the Internal Arrangements Committee.

(2) If the permanent Deputy Chairperson is not available the remaining members must elect another member to act as chairperson.

Functions and powers

132. The Subcommittee on Internal Arrangements may -

(a) make recommendations to the Rules Committee on the development, formulation and adoption of policy regarding the administration and management of the Council, including –

(i) staff;

(ii) infrastructure;

(iii) household services and catering;

(iv) human resource development and training;

(v) information systems and the library; and

(vi) public relations and public education;

(b) monitor and oversee the implementation of policy on the matters referred to in paragraph (a) and make recommendations in this regard to the Rules Committee; and

Decisions

133. (1) A question before the Subcommittee is decided by consensus.

(2) If consensus cannot be reached all views in the Subcommittee must be reported to the Rules Committee.

Subcommittee on International Relations

Composition

134. The Subcommittee on International Relations consists of the Chairperson of the Council, the permanent Deputy Chairperson of the Council and other Council members appointed in such a way that -

(a) the majority party has three representatives; and

(b) two members, each of whom must belong to a different minority party, represent the minority parties.

Chairperson

135. (1) The Chairperson of the Council is the chairperson of the Subcommittee.

(2) If the chairperson is not available the permanent Deputy Chairperson of the Council acts as chairperson.

Functions and powers

136. The Subcommittee may –

(a) make recommendations to the Rules Committee on the development, formulation and adoption of policy regarding the Council’s international relations, including –

(i) relations with other Parliaments and international organisations;

(ii) membership of international parliamentary organisations;

(iii) visits abroad by groups of Council members; and

(iv) the hosting and receiving of delegations from abroad;

(b) monitor and oversee the implementation of policy on the matters referred to in paragraph (a) and make recommendations in this regard to the Rules Committee; and

Subcommittee on Delegated Legislation

Composition

137. The Subcommittee on Delegated Legislation consists of Council members appointed in such a way that the provinces have one member each.

Chairperson

138. (1) The Rules Committee must appoint one of the members as the chairperson of the Subcommittee.

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

Functions and powers

139. The Subcommittee –

(a) must investigate and make recommendations to the Rules Committee on possible mechanisms that could be used –

(i) by legislators to maintain oversight of the exercise of legislative powers delegated to the executive; and

(ii) by the Council to perform the functions conferred on the Council in terms of section 146 of the Constitution; and

(b) must perform any other function and may exercise any other power assigned to it by the Joint Rules Committee.

Decisions

140. (1) A question before the Subcommittee is decided by consensus.

(2) If consensus cannot be reached all views in the Subcommittee on the question must be reported to the Rules Committee.

Part 4: Programme Committee

Establishment

141. There is a Programme Committee.

Composition

142. (1) The Programme Committee consists of –

(a) the Chairperson of the Council;

(b) the Deputy Chairpersons of the Council;

(c) two representatives from each provincial delegation one of whom must be delegation whip and the other a special member in the delegation;

(d) the House Chairperson Committees;

(e) the House Chairperson Oversight and Institutional Support;

(f) the Chief Whip of the Council; and

(g) the whip of a party represented in the Council.

(2) A whip referred to in subrule (1)(c ), (f) or (g) who is unable to attend a

meeting of the Committee may designate another whip to attend the meeting.

Chairperson

143. (1) The Chairperson of the Council is the chairperson of the Committee.

(2) If the Chairperson of the Council is not available the permanent

Deputy Chairperson of the Council performs the functions of the chairperson of the Committee.

Functions and powers

144. The Programme Committee –

(a) must prepare and, if necessary, from time to time adjust the annual programme of the Council, subject to any relevant decision of the Joint Programme Committee;

(b) must monitor and oversee the implementation of Parliament’s annual programme in the Council including the legislative programme;

(c) must implement the Council rules regarding the scheduling or programming of the business of the Council, and the functioning of the Council committees and subcommittees;

(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 Petitions and Members’ Legislative Proposals

Establishment

147. (1) The Committee on Petitions and 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 Petitions and 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 Petitions and 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 234.

Decisions

150. A question before the Committee on Petitions and 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 the 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 to act as chairperson.

Composition

154. The membership of a select committee must be composed so as to deal both with matters falling under section 75 of the Constitution and with other matters as follows:

(a) Each province is entitled to an equal number of permanent members nominated by its delegation head.

(b) Each party represented in the Council is entitled to proportional representation or, if proportional representation is not possible on account of the party's size, to one representative on the committee.

Quorums and decisions

155. (1) Except when a question is decided, business may proceed irrespective of the number of members present.

(2) When a question that does not fall under section 75 of the Constitution is to be decided -

(a) committee members representing at least five provinces, or six provinces in the case of a constitutional amendment, must be present; and

(b) the question is decided by the supporting vote of at least five provinces, or six provinces in the case of a constitutional amendment.

(3) When a question is to be decided in terms of section 75 of the Constitution -

(a) the question may be decided only if a majority of the permanent members of the committee is present;

(b) the question is decided by the majority of the votes cast;

(c) if there is an equal number of votes on each side of a question, the chairperson must cast a deciding vote in addition to a vote as an ordinary member.

Part 7: Committee of Chairpersons

Establishment

156. There is a Committee of Chairpersons.

Composition

157. (1) The Committee of Chairpersons consists of –

(a) the House Chairperson Committees;

(b) the House Chairperson Oversight and Institutional Support; and

(2) The Committee may co-opt the chairperson of an ad hoc committee as a

member of the Committee.

Chairperson

158. (1) The House Chairperson Committees presides at meetings of the Committee of Chairpersons.

(2) If the House Chairperson Committees is not available the House Chairperson Oversight and Institutional Support presides at a meeting of the Committee.

Functions and powers

159. The Committee of Chairpersons may make recommendations to the Rules Committee or the Programme Committee regarding any matter affecting the scheduling or functioning of any Council committee, subcommittee or other Council forum.

Part 8: Ad Hoc Committees

Establishment

160. (1) An ad hoc committee may be established –

(a) by resolution of the Council; or

(b) during an adjournment of the Council for a period of more than 14 days, by the Chairperson of the Council after consulting the Chief Whip of the Council and the most senior whip of each of the other parties.

(2) (a) Any decision by the Chairperson of the Council to appoint an ad

hoc committee in terms of subrule (1) (b) must be tabled in the Council for ratification by the Council.

(b) The decision in terms of subrule (1) (b) must be tabled in the Council on its first sitting day after the decision was taken.

(3) An ad hoc committee may only be established for the performance of a specific task.

(4) The resolution of the Council or decision of the Chairperson

establishing an ad hoc committee must include time frames for –

(a) the completion of any steps in performing the task; and

(b) the completion of the task.

(5) An ad hoc committee has those of the powers listed in rule 103 only

as are specified in the resolution or decision establishing the committee.

(6) An ad hoc committee ceases to exist -

(a) when it has completed the task for which it was established; or

(b) if it is dissolved earlier by the Council.

Composition

161. (1) The resolution establishing an ad hoc committee must either specify the number of members to be appointed or the names of the members who are appointed.

(2) The Chairperson of the Council appoints the members if –

(a) the resolution of the Council does not specify the names of the committee members; or

(b) the Chairperson establishes the ad hoc committee.

(3) The names of the members appointed must without delay be published

in the ATC.

CHAPTER 10

LEGISLATIVE PROCESS

Part 1: General

Legislative powers of Council

162. (1) The national legislative authority as vested by the Constitution in Parliament confers on the Council, in terms of section 44 (1) of the Constitution, the power –

(a) to participate in amending the Constitution in accordance with section 74 of the Constitution;

(b) to pass, in accordance with section 76 of the Constitution, legislation with regard to any matter within a functional area listed in Schedule 4 of the Constitution and any other matter required by the Constitution to be passed in accordance with section 76; and

(2) The Council may in terms of section 44 (2) and in accordance with

section 76(1) of the Constitution, pass legislation falling within a functional area listed in Schedule 5 of the Constitution, when it is necessary –

(a) to maintain national security;

(b) to maintain economic unity;

(d) to establish minimum standards required for the rendering of services; or

(e) to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.

(3) Only the following Bills may be introduced in the Council:

(a) Any Bill falling within a functional area listed in Schedule 4, excluding a money Bill.

(b) Any Bill providing for legislation envisaged in section 65 (2), 163, 182, 195(3) and (4), 196 and 197 of the Constitution.

(4) In exercising its legislative powers, the Council in terms of section 68 of the Constitution may –

(a) consider, pass, amend , propose amendments to or reject any legislation before the Council, in accordance with Chapter 4 of the Constitution; and

(b) initiate or prepare legislation which may be introduced in the Council.

Initiation of legislation by Council

163. (1) The Council initiates legislation through its committees and members acting with the permission of the Council in terms of these Rules.

(2) Any committee or member of the Council may in terms of section 73 (4) of the Constitution introduce a Bill in the Council that has been initiated in terms of subrule (1).

Initiation of legislation by national executive or provinces

164. (1) If the national executive or a provincial executive or legislature initiates and prepares legislation for introduction in the Council, that legislation may only be introduced by a Council member or committee in terms of these Rules.

Application of this Chapter

165. This Chapter must be read with Chapter 4 of the Joint Rules.

Part 2: Section 76 (1) Bills

Chairperson’s functions when section 76 (1) Bills are received from Assembly

166. When a section 76 (1) Bill has been passed by the Assembly and is referred to the Council in terms of joint rule 184 (1), the Chairperson of the

Council must –

(a) send a copy or electronic transmission of the Bill and the annexures to the Speaker of each provincial legislature for purposes of enabling the legislature to confer authority on its delegation to vote on the Bill; and

(b) table the Bill in the Council or, if the Council is not sitting, table the Bill on the day on which the Council resumes its sittings.

Referral to committee

167. (1) When the Bill has been tabled or if the Council is not scheduled to sit for at least two working days after the Bill has been referred from the Assembly to the Council, the Chairperson of the Council must refer the Bill and its annexures to the appropriate select committee or, after consulting the delegation whips, to any other Council committee.

(2) The Chairperson may place the Bill on the Order Paper for debate and decision if the Bill has been agreed to by a joint committee during the Assembly proceedings.

Opportunity for public input

168. If a Bill has not been published for public comment in the Assembly proceedings, the Council committee to which the Bill is referred, on request by at least five delegations, may, after consulting the Chairperson of the Council and the person in charge of the Bill, direct that the Bill be published in the Gazette or in such other way as the committee may determine.

(2) When a committee has directed that the Bill be published, the

Secretary must publish the Bill in the Gazette or in such other way as the committee has determined, together with a notice inviting interested persons and institutions to submit representations on the Bill to the committee before a date determined by the committee and mentioned in the notice.

Committee’s functions

169. (1) The select committee or other Council committee to which the Bill is referred –

(a) must enquire into the subject of the Bill; and

(b) if it is a Bill amending provisions of an Act, may seek the permission of the Council to enquire into amending other provisions of that Act;

(c) may, or if ordered by the Chairperson of the Council must, consult with any other committee that has a direct interest in the substance of the Bill;

(d) may consult the person in charge of the Bill, or the relevant Cabinet member if the Bill was initiated by the national executive;

(e) may require any suitable person to brief the committee on the objects and substance of the Bill;

(f) may consult with the appropriate Assembly portfolio committee or chairperson of that committee;

(g) may recommend that the time limit for the Council’s consideration of the Bill as may have been set in terms of the Joint Rules, be extended;

(h) may consult the JTM on whether any amendments to the Bill proposed in the committee –

(i) may affect the classification of the Bill; or

(iii) may render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(i) may not propose an amendment that –

(i) changes the classification of the Bill;

(ii) renders the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(j) may recommend approval or rejection of the Bill or present an amendment Bill; and

(k) must report to the Council in accordance with rule 171.

Suspension of further consideration of Bill by committee

170. When the committee has concluded its deliberations under rule 162 it may

suspend its further consideration of the Bill until a later date within the time limit as may have been set in terms of the Joint Rules, or any extended time limit agreed to in terms of the Joint Rules.

Committee’s report

171. (1) The committee to which a Bill is referred must table in the Council –

(a) its report;

(b) the Bill that has been agreed on by it, or, if it has not agreed on a Bill, the Bill as referred to it; and

(c) the supporting memorandum which was introduced with the Bill or, if the memorandum has been amended by the committee, the amended memorandum.

(2) In its report the committee –

(a) must state whether it recommends approval of the Bill with or without amendments, or rejection of the Bill;

(b) must specify each amendment if an amended Bill was agreed on by it, and each amendment that was considered and, for a reason other than it being out of order, was rejected by it;

(i) all amendments are constitutionally and procedurally in order within the meaning of joint rule 161; and

(ii) no amendment affects the classification of the Bill;

(d) must, if it is not a unanimous report –

(i) specify in which respects there was not consensus; and

(ii) in addition to the majority report, express the views of any minority concerned;

(e) may specify such details or information about its enquiry and any representations or evidence received or taken by it, as it may consider necessary for the purposes of the debate on the Bill;

(f) may report on any matter arising from its deliberations on the Bill but which is not necessarily related to the Bill; and

(g) may recommend to the Council that any matter contained in the report be placed on the Order Paper for separate consideration either before or after the Council considers the Bill.

Consideration of committee report and Bill by Council

172. (1) The Chairperson of the Council must place the committee’s report and the Bill presented to the Council on the Order Paper.

(2) The chairperson or other member of the committee who tables the report in the Council on behalf of the committee, may, if the committee has so recommended in its report, address the Council in order to explain the report.

(3) A Bill is passed by the Council if it is agreed to by the Council in terms of section 65 (1) of the Constitution.

Amendments after Bill placed on Order Paper

173. (1) (a) After a Bill has been placed on the Order Paper but before the Council decides the Bill, a member may place amendments to the Bill on the Order Paper.

(b) If the Bill has not been agreed to by the committee or if the committee has recommended its rejection, the Bill may not be amended under this rule.

(2) Amendments delivered to the Secretary after 12:00 on any working

day may be placed on the Order Paper only after the expiry of 24 hours, unless the Chairperson of the Council directs otherwise in a particular case.

(3) (a) The following amendments are out of order and may not be

proposed under this rule:

(i) Amendments that affect the principle of the Bill and in respect of which the Council has not given any instruction.

(ii) Amendments that change the classification of the Bill.

(iii) Amendments that would render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161.

(iv) Amendments that are out of order for any other reason.

(b) The Chairperson’s ruling on whether an amendment is out of order or in order, is final. If the JTM has made a finding on the amendment the Chairperson is bound by the finding.

(4) No amendment which has the same effect as an amendment

previously rejected by the committee may be placed on the Order Paper, unless the Chairperson directs otherwise.

(5) If an amendment has been placed on the Order Paper for the day on

which the Bill is to be put for decision by the Council, the Chairperson may, before putting the question on the Bill –

(a) recommit the Bill for reconsideration to the Council or joint committee which considered the Bill together with the amendment; or

(b) put the amendment for decision by the Council and then the Bill as a whole, including any approved amendment.

(6) A Council committee to which a Bill is recommitted must deal with the Bill in terms of rule 174. A joint committee to which a Bill is recommitted must deal with the Bill in terms of joint rule 170.

(7) A Bill may not be recommitted to a committee more than once in terms of this rule.

Referral of amendments proposed in Council to Council committee

174. (1) If a Bill is recommitted in terms of rule 173 (5) (a) to a Council committee, the committee –

(a) may consider only the clauses in respect of which amendments have been placed on the Order Paper and consequential amendments that have to be effected;

(b) may consult the JTM on whether any of the amendments –

(i) affect the JTM’s classification of the Bill; or

(ii) renders the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(d) must specify in the report each amendment placed on the Order Paper in terms of rule 173 (4) but rejected by the committee;

(e) may not agree on any amendment that –

(i) changes the classification of the Bill; or

(ii) renders the Bill constitutionally or procedurally out of order within the meeting of joint rule 161; and

(f) must table its report together with the Bill in the Council.

(2) The report of the committee must be placed on the Order Paper for the

consideration of –

(a) any amendments agreed to by the committee; and

(b) any amendments specified in the report in terms of subrule (1) (d) and moved in the Council.

(3) A motion in terms of subrule (2) (b) may be moved without notice.

(4) The Council must first decide on the amendments and then on the Bill as a whole, including any approved amendments.

Consequences of approval of amendment or rejection of section 76 (1) Bills

175. A section 76(1) Bill must be referred –

(a) to the President in terms of joint rule 185 (1) (a) if the Council approves the Bill as passed by the Assembly;

(b) to the Assembly in terms of joint rule 185 (1) (b) if the Council amends the Bill as passed by the Assembly; or

(c) to the Mediation Committee in terms of joint rule 186 (1) (a) if the Council rejects the Bill as passed by the Assembly.

Process if mediation successful

176. (1) The Chairperson of the Council must table a notice in the Council stating that the Council’s version has been agreed on by the Mediation Committee if the Mediation Committee has agreed on the Bill as amended by the Council and as referred to the Assembly in terms of rule 175 (b).

(2) The Chairperson must place a Bill agreed on by the Mediation Committee on the Order Paper for debate and decision if that Bill is –

(a) the version as passed by the Assembly and which the Council has either amended or rejected as stated in rule 175 (b) or (c);

(b) a version that differs from any version of the Bill as passed by either the Assembly or the Council.

(3) If, after consultation with the delegation whips and the chairperson of the select committee or other Council committee concerned, the Chairperson of the Council is of the view that the Council debate on the Bill in terms of subrule (2) may be facilitated by a report of the select committee concerned or any other appropriate Council committee, the Chairperson must first refer the Bill to the committee for a report before placing the Bill on the Order Paper.

(4) If the Bill is referred to a committee, the committee may –

(a) consult with the appropriate Assembly committee or the chairperson of that committee; and

(b) not propose any amendments to the Bill.

(5) The committee must table in the Council –

(a) the committee’s report; and

(b) the version of the Bill as agreed on by the Mediation Committee.

(6) The debate in the Council on the Bill agreed on by the Mediation Committee must be confined –

(a) to the matters dealt with in the committee’s report, if the Bill was referred to a committee; and

(b) to the question whether the Bill as agreed on by the Mediation Committee should be passed.

Process if mediation unsuccessful

177. A section 76(1) Bill must be referred back to the Assembly if mediation is unsuccessful.

Part 3: Section 76(2) Bills

Procedure before introduction: Section 76(2) Bills

initiated by Council members

Council’s permission required for introduction

178. A Council member intending to introduce a section 76(2) Bill in the Council in an individual capacity (other than on request by the national executive or a provincial executive or legislature) must, for the purpose of obtaining the Council’s permission in terms of rule 163 (1), submit to the Chairperson of the Council a memorandum which –

(a) sets out particulars of the proposed legislation;

(b) explains the objects of the proposed legislation; and

(c) states whether the proposed legislation will have financial implications for the state and, if so, whether those implications may be a determining factor when the proposed legislation is considered.

Referral of proposals to Committee on Petitions and Members’ Legislative Proposals

179. (1) The Chairperson of the Council must refer the member’s memorandum to the Committee on Petitions and Members’ Legislative Proposals.

(2) The Committee must consult the select committee within whose authority the proposal falls.

(3) If the Committee after such consultation is of the view that the member’s proposal warrants further investigation, but that it has financial implications for the state that may be significant enough to affect its desirability, the Committee must request the Chairperson of the Council to refer the member’s memorandum to the appropriate select committee for a report on the financial implications of the proposal.

(4) After considering the member’s memorandum and the select committee’s report, if there is such a report, the Committee must recommend that permission either be –

(a) be given to the member to proceed with the proposed legislation; or

(b) refused.

(5) If the Committee recommends that the proposed legislation be proceeded with, it may –

(a) express itself on the desirability of the proposal;

(b) recommend that the Council approve the member’s proposal in principle; or

Council’s consideration of proposal

180. (1) The member’s memorandum and the recommendation of the Committee on Petitions and Members’ Legislative Proposals, including any views of a select committee on the financial and other implications of the proposal, must-

(a) be sent to the Speaker of each provincial legislature to enable the legislature to develop its position with regard to the proposed legislation; and

(b) be placed on the Order Paper for a decision in terms of section 65 (1) of the Constitution.

(2) The Council may –

(a) give permission that the proposal be proceeded with;

(b) refer the proposal back to the Committee or the select committee concerned for a further report; or

(3) If the Council gives permission that the proposal be proceeded with, it

may, if it so chooses –

(a) express itself on the desirability of the proposal; or

(b) subject its permission to conditions.

Preparation of draft Bill

181. (1) If the Council gives permission that the proposal be proceeded with, the member concerned must –

(a) prepare a draft Bill, and a memorandum setting out the objects of the Bill, in a form and style that complies with any prescribed requirements;

(b) consult the JTM for advice on the classification of the Bill; and

(2) The Secretary must reimburse a member for any reasonable expenses the member may have incurred in giving effect to subrule (1), provided that those expenses were approved by the Chairperson of the Council before they were incurred.

Procedure before introduction: Section 76(2) Bills initiated by Council committees

Council’s permission required for introduction

182. (1) A Council committee intending to introduce a section 76 (2) Bill in the Council must, for the purpose of obtaining the Council’s permission in terms of rule 163 (1), table in the Council a memorandum which –

(a) sets out particulars of the proposed legislation;

(b) explains the objects of the proposed legislation; and

(c) states whether the proposed legislation will have financial implications for the state and, if so, gives an account of those implications.

(2) The Chairperson of the Council must –

(a) send a copy of the committee’s memorandum to the Speaker of each provincial legislature to enable the legislature to develop its position with regard to the proposed legislation; and

(b) place the proposal on the Order Paper for debate and decision.

Consideration of proposal

183. (1) The Council may –

(a) give permission that the proposal be proceeded with;

(b) refer the proposal back to the committee for reconsideration; or

(2) If the Council gives permission that the proposal be proceeded with, it may, if it so chooses –

(a) express itself on the desirability of the proposal; or

(b) subject its permission to conditions.

Preparation of draft Bill

184. (1) If the Council gives permission that the proposal be proceeded with, the committee must –

(a) prepare a draft Bill, and a memorandum setting out the objects of the Bill in a form and style that complies with any prescribed requirements;

(b) consult the JTM for advice on the classification of the Bill; and

(2) If the committee chooses in terms of rule 186 to publish the draft Bill and not an explanatory summary of the Bill, it is not bound to publish the Bill as it is to be introduced. Instead, the committee may publish any version of the draft Bill prepared by it in terms of subrule (1)(a).

(3) The Committee must report to the Council when it publishes the draft Bill.

Consideration of draft Bill before introduction

185. Before introducing its Bill, the committee –

(a) must arrange its business in such a manner that interested persons and institutions have a period of a least three weeks after the draft Bill, or particulars of the draft Bill, have been published in terms of rule 186, to comment on the proposed legislation;

(b) must give officials of any relevant state department or other executive organ of state a sufficient opportunity to state their case before the committee;

(d) may in view of any comments received in terms of paragraph (a) or (b), or advice given in terms of paragraph (c), adjust the draft Bill before its introduction.

Publication of section 76 (2) Bills

Prior notice and publication of draft legislation.

186. (1) A section 76(2) Bill, whether initiated by a Council member or committee or which is to be introduced by a Council member or committee on request of the national executive or a provincial executive or legislature, may be introduced in the Council only if -

(a) prior notice of its introduction has been given in the Gazette; and

(b) an explanatory summary of the Bill, or the draft Bill as it is to be introduced, has been published in the Gazette. The draft Bill itself, as it is to be introduced, must be published if the Chairperson of the Council so orders.

(2) The notice referred to in subrule (1)(a) must contain an invitation to interested persons and institutions to submit written representations on the draft legislation to the Secretary within a specified period.

(3) The Council committee or member intending to introduce the Bill must consult the Chairperson on whether the draft Bill itself or an explanatory summary should be published.

Notice withdrawing proposed legislation

187. (1) If a Council committee or member decides not to proceed with the introduction of a Bill after rule 186 has been complied with, the committee or member must without delay inform the Secretary in writing of the decision.

(2) The Secretary must publish a notice in the Gazette stating that the proposed legislation has been withdrawn.

Introduction of section 76 (2) Bills

Method of introduction

188. (1) A Council member or committee introduces a section 76(2) Bill by submitting to the Chairperson of the Council –

(a) a copy of the Bill or, if the Bill as it is introduced was published in terms of rule 186, a copy of the Gazette concerned;

(b) the explanatory summary referred to in rule 186 (1) (b), if the Bill itself was not published; and

(i) state that the Bill is introduced as a section 76 (2) Bill;

(ii) explain the objects of the Bill;

(iii) give an account of the financial implications of the Bill for the state; and

(iv) contain a list of all persons and institutions that have been consulted in preparing the Bill.

(2) The Bill must contain on its cover page –

(a) a reference to the name of the member or committee as the member or committee introducing the Bill; and

(b) a statement to the effect that the Bill is introduced –

(i) with the permission of the Council; or

(ii) on request of the national executive or a provincial executive or legislature.

Classification of Bills

189. (1) When a Bill is introduced in the Council in terms of rule 188, the Secretary must refer the Bill to the JTM for classification of the Bill in terms of joint rule 160.

(2) The classification of the Bill and all findings of the JTM must be –

(a) conveyed to the select committee or other Council committee considering the Bill; and

(b) tabled in the Council.

Reintroduction of Bills ruled out of order by JTM

190. A Bill reintroduced in the Council in terms of joint rule 162 (2) must follow the same procedure as if it were introduced for the first time, except that the steps prior to introduction as prescribed by the Council Rules do not apply if no substantive new provisions were added to the Bill.

Consideration of section 76(2) Bills

Chairperson’s functions when section 76 (2) Bills are introduced

191. When a section 76 (2) Bill is introduced in the Council the Chairperson of the Council must -

(a) send a copy of the Bill and the annexures to the Speaker of each provincial legislature for purposes of enabling the legislature to confer authority on its delegation to vote on the Bill; and

(b) table the Bill in the Council or, if the Council is not sitting, table the Bill on the day on which the Council resumes its sittings.

Referral to committee

192. (1) When the Bill has been tabled or if the Council is not scheduled to sit for at least two working days after the Bill was introduced, the Chairperson of the Council must refer the Bill and its annexures –

(a) to the appropriate select committee or, after consulting the delegation head, to any other Council committee; or

(b) to a joint committee, if this is required by a decision in terms of joint rule 166.

(2) If the Bill is referred –

(a) to a Council committee, the committee must deal with the Bill in accordance with rules 193 and 196; or

(b) to a joint committee, the Joint Rules apply.

Committee’s functions

193. The select committee or other Council committee to which the Bill is referred –

(a) must enquire into the subject of the Bill; and

(b) if it is a Bill amending provisions of an Act, may seek the permission of the Council to enquire into amending other provisions of that Act;

(c) may, or if ordered by the Chairperson of the Council must, consult with any other committee that has a direct interest in the substance of the Bill;

(d) may consult the person in charge of the Bill;

(e) consult with the appropriate Assembly portfolio committee or chairperson of that committee;

(f) may consult the JTM on whether any amendments to the Bill proposed in the committee –

(i) may affect the classification of the Bill; or

(ii) may render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(g) may not propose an amendment that –

(i) changes the classification of the Bill;

(ii) renders the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(h) may recommend approval or rejection of the Bill or present an amendment Bill; and

(i) must report to the Council in accordance with rule 196.

Suspension of further consideration of Bill by committee

194. When the committee has concluded its deliberations under rule 193 it may suspend its further consideration of the Bill until a later date.

Referral to Council committee if joint committee fails to report

195. (1) If the Bill has been referred to a joint committee in terms of rule 192 (1) (b) and that joint committee fails to present a report or fails to reach consensus on the Bill, the Chairperson of the Council must refer the Bill and its annexures –

(a) to the select committee within whose authority the subject of the Bill falls; or

(b) by resolution of the Council, to any other Council committee.

(2) The committee to which the Bill is referred must deal with the Bill in

accordance with rules 193 and 196.

Committee’s report

196. (1) The committee to which a Bill is referred must table in the Council –

(a) its report;

(b) the Bill that has been agreed on by it, or, if it has not agreed on a Bill, the Bill as referred to it; and

(c) the supporting memorandum which was introduced with the Bill or, if the memorandum has been amended by the committee, the amended memorandum.

(2) In its report the committee –

(a) must state whether it recommends approval of the Bill with or without amendments, or rejection of the Bill;

(b) must specify each amendment if an amendment Bill was agreed on by it, and each amendment that was considered and, for a reason other than its being out of order, was rejected by it;

(i) all amendments are constitutionally and procedurally in order within the meaning of joint rule 161; and

(ii) no amendment affects the classification of the Bill;

(d) must, if it is not a unanimous report –

(i) specify in which respects there was not consensus; and

(ii) in addition to the majority report, express the views of any minority concerned;

(e) may specify such details or information about its enquiry and any representations or evidence received or taken by it, as it may consider necessary for the purposes of the debate on the Bill;

(f) may report on any matter arising from its deliberations on the Bill but which is not necessarily related to the Bill; and

(g) may recommend to the Council that any matter contained in the report be placed on the Order Paper for separate consideration either before or after the Council considers the Bill.

Consideration of committee’s report and Bill by Council

197. (1) The Chairperson of the Council must place the Council or joint committee’s report and the Bill presented to the Council on the Order Paper.

(2) The chairperson or other member of the committee who tables the report in the Council on behalf of the committee, may if the committee has so recommended in its report, address the Council in order to explain the report.

(3) A Bill is passed by the Council if it is agreed to by the Council in terms of section 65 (1) of the Constitution.

Amendments after Bill placed on Order Paper

198. (1) (a) After a Bill has been placed on the Order Paper but before the Council decides the Bill, a member may place amendments to the Bill on the Order Paper.

(b) If the Bill has not been agreed to by the committee or if the committee has recommended its rejection, the Bill may not be amended under this rule.

(2) Amendments delivered to the Secretary after 12:00 on any working day may be placed on the Order Paper only after the expiry of 24 hours, unless the Chairperson of the Council directs otherwise in a particular case.

(3) (a) The following amendments are out of order and may not be proposed under this rule:

(i) Amendments that affect the principle of the Bill and in respect of which the Council has not given any instruction.

(ii) Amendments that change the classification of the Bill.

(iii) Amendments that would render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161.

(iv) Amendments that are out of order for any other reason.

(b) The Chairperson’s ruling on whether an amendment is out of order or in order, is final. If the JTM has made a finding on the amendment the Chairperson is bound by the finding.

(4) No amendment which has the same effect as an amendment previously rejected by the committee may be placed on the Order Paper, unless the Chairperson directs otherwise.

(5) If an amendment has been placed on the Order Paper for the day on which the Bill is to be put for decision by the Council, the Chairperson may, before putting the question on the Bill –

(a) recommit the Bill for reconsideration to the Council or joint committee which considered the Bill together with the amendment; or

(b) put the amendment for decision by the Council and then the Bill as a whole, including any approved amendment.

(6) A Council committee to which a Bill is recommitted must deal with the Bill in terms of rule 199. A joint committee to which a Bill is recommitted must deal with the Bill in terms of joint rule 170.

(7) A Bill may not be recommitted to a committee more than once in terms of this rule.

Referral of amendments proposed in Council to Council committee

199. (1) If a Bill is recommitted in terms of rule 198 (5) (a) to a Council committee, the committee –

(a) may consider only the clauses in respect of which amendments have been placed on the Order Paper and consequential amendments that have to be effected;

(b) may consult the JTM on whether any of the amendments –

(i) affects the JTM’s classification of the Bill; or

(ii) renders the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(d) must specify in the report each amendment placed on the Order Paper in terms of rule 198 (4) but rejected by the committee;

(e) may not agree on any amendment that –

(i) changes the classification of the Bill; or

(ii) renders the Bill constitutionally or procedurally out of order within the meaning of joint rule 161; and

(f) must table its report together with the Bill in the Council.

(2) The report of the committee must be placed on the Order Paper for the

consideration of –

(a) any amendments agreed to by the committee; and

(b) any amendments specified in the report in terms of subrule (1)(d) and moved in the Council.

(3) A motion in terms of subrule (2)(b) may be moved without notice.

(4) The Council must first decide on the amendments and then on the Bill as a whole, including any approved amendments.

Referral to Assembly committee if joint committee fails to report

200. (1) If a Bill is recommitted to a joint committee in terms of rule 198 (5) and that joint committee fails to present a report or fails to reach consensus on any amendments, the Chairperson of the Council must refer the Bill and its annexures –

(a) to the select committee within whose authority the subject of the Bill falls; or

(b) by resolution of the Council, to any other Council committee.

(2) The committee to which the Bill is referred must deal with the Bill

in terms of rule 199.

Consequences of approval or rejection of section 76 (2) Bill

201. A section 76(2) Bill –

(a) must be referred to the Assembly in terms of joint rule 184 (2) if the Council approves the Bill; or

(b) lapses if the Council rejects the Bill.

Reconsideration of section 76(2) Bills if amended by Assembly

Bill to be placed on Order Paper or referred to select committee

202. (1) If the Assembly amends a Bill referred to it in terms of joint rule 184(2) the Chairperson of the Council must –

(a) place the Bill on the Order Paper for debate and decision if the chairperson of the select committee concerned or other relevant Council committee so requests; or

(b) submit the amended Bill to the select committee concerned or any other appropriate Council committee for a report and recommendations on the Assembly’s amendments.

(2) The committee to which the Assembly’s amended Bill is referred –

(a) may consult the appropriate Assembly committee or the chairperson of that committee;

(b) may not propose any amendments to the Bill; and

(i) affects the JTM’s classification of the Bill; or

(ii) renders the Bill constitutionally or procedurally out of order within the meaning of joint rule 161.

Committee’s report

203. (1) The committee to which the Assembly’s amended Bill is referred must table in the Council –

(a) its report and recommendations; and

(b) the Assembly’s amended Bill.

(2) When the report is tabled the Chairperson of the Council must place the report and the Assembly’s amended Bill on the Order Paper for debate and decision.

Debate and decision

204. (1) The debate on the report and the Assembly’s amended Bill must be confined to –

(a) the matters dealt with in the report; and

(b) the question whether the amended Bill should be passed or not.

(2) No amendments may be proposed to the Assembly’s amended Bill.

(3) If the Council passes the Assembly’s amended Bill in accordance with section 65(1) of the Constitution, the Secretary must without delay submit the Bill to the President for assent

(4) If the Council refuses to pass the Assembly’s amended Bill, the Bill must be referred to the Mediation Committee in terms of joint rule l86 (2) (b).

Process if mediation successful

205. (1) The Chairperson of the Council must table a notice in the Council stating that the Council’s version of the Bill has been agreed on by the Mediation Committee, if the Mediation Committee has agreed on the version of the Bill as originally passed by the Council before its amendment by the Assembly.

(2) The Chairperson must place a Bill agreed on by the Mediation Committee on the Order Paper for debate and decision if that Bill is –

(a) the Assembly’s amended Bill which the Council has refused to pass as stated in rule 204 (4); or

(b) a version that differs from any version of the Bill as passed by either the Assembly or the Council.

(3) If, after consultation with the delegation whips the Chairperson of the Council is of the view that the Council debate on the Bill in terms of subrule (2) may be facilitated by a report of the select committee concerned or any other appropriate Council committee, the Chairperson must first refer the Bill to the committee for a report before placing the Bill on the Order Paper.

(4) If the Bill is referred to a committee, the committee may –

(a) consult with the appropriate Assembly committee or the chairperson of that committee; and

(b) not propose any amendments to the Bill.

(5) The committee must table in the Council –

(a) the committee’s report; and

(b) the version of the Bill as agreed on by the Mediation Committee.

(6) The debate in the Council on the Bill as agreed on by the Mediation Committee must be confined –

(a) to the matters dealt with in the committee’s report, if the Bill was referred to a committee, or to the clauses of the Bill which differ from the clauses of the Bill as originally passed by the Council, if the Bill was not referred to a committee; and

(b) to the question whether the Bill as agreed on by the Mediation Committee should be passed.

(7) No amendments may be proposed to the Bill as agreed on by the Mediation Committee.

Unsuccessful mediation

206. A section 76 (2) Bill lapses if mediation is unsuccessful.

Part 4: Section 75 Bills

Chairperson’s functions when section 75 Bills received from Assembly

207. When a Bill passed by the Assembly is referred to the Council in terms of joint

rule 181, the Chairperson of the Council must –

(a) send a copy of the Bill and the accompanying memorandum to the Speaker of each provincial legislature for information purposes: and

(b) table the Bill in the Council or, it the Council is not sitting, table the Bill on the day on which the Council resumes its sitting.

Referral to committee

208. (1) When the Bill has been tabled or if the Council is not scheduled to sit for at least two working days after the Bill has been referred from the Assembly to the Council, the Chairperson of the Council must refer the Bill and its annexures to the appropriate select committee or, after consulting the party whips, to any other Council committee.

(2) Despite subrule (1), the Council may decide that the Bill must be placed on the Order Paper for consideration without referral to a committee of the Council.

Bill not referred to committee placed on Order Paper

209. (1) A Bill not referred to a committee of the Council in terms of rule 208 (2) must be placed on the Order Paper for consideration.

(2) The Bill is passed by the Council if it is agreed to by the Council in

terms of section 75 (2) of the Constitution.

Committee’s functions

210. (1) The select committee or other Council committee to which the Bill is referred –

(a) must enquire into the subject of the Bill; and

(b) may, or if ordered by the Chairperson of the Council must, consult any other committee that has a direct interest in the substance of the Bill;

(d) may require any suitable person to brief the committee on the objects and substance of the Bill;

(e) may consult the appropriate Assembly portfolio committee or chairperson of that committee;

(f) may recommend that the time limit for the Council’s consideration of the Bill as may have been set in terms of the Joint Rules, be extended;

(g) may consult the JTM on whether any amendments to the Bill proposed in the committee -

(i) may affect the classification of the Bill;

(iii) may render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(h) may not propose an amendment that may –

(i) change the classification of the Bill;

(iii) render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(i) may recommend approval or rejection of the Bill or present an amendment Bill; and

(j) must report to the Council in accordance with rule 211.

Committee’s report

211. (1) The committee to which a Bill is referred must table in the Council –

(a) its report;

(b) the Bill that has been agreed on by it, or, if it has not agreed on a Bill, the Bill as referred to it; and

(2) In its report the committee –

(a) must state whether it recommends approval of the Bill with or without proposed amendments, or rejection of the Bill;

(b) must specify each amendment if an amended Bill was agreed on by it, and each amendment that was considered and, for a reason other than its being out of order, was rejected by it;

(i) all amendments are constitutionally and procedurally in order within the meaning of joint rule 161; and

(ii) no amendment affects the classification of the Bill;

(d) must, if it is not a unanimous report –

(i) specify in which respects there was not consensus; and

(ii) in addition to the majority report, express the views of any minority concerned;

(e) may specify such details or information about its enquiry and any representations or evidence received or taken by it, as it may consider necessary for the purposes of the debate on the Bill;

(f) may recommend to the Council that any matter contained in the report be placed on the Order Paper for separate consideration either before or after the Council considers the Bill.

(3) The report of the committee together with the Bill, any proposed

amendments and the memorandum must be placed on the Order Paper for consideration.

(4) The Bill, subject to proposed amendments where applicable, is passed by the Council if the Bill and any amendments are agreed to by the Council in terms of section 75(2) of the Constitution.

Amendments

212. (1) (a) After a Bill has been placed on the Order Paper but before the

Council decides the Bill a member may place proposals for amending the Bill on the Order Paper.

(b) If the Bill was referred to a committee of the Council and the

committee did not agree to it or recommended its rejection, no amendments may be proposed under this rule.

(2) Amendment proposals delivered to the Secretary after 12:00 on any

working day may be placed on the Order Paper only after the expiry of 24 hours, unless the Chairperson directs otherwise in a particular case.

(3) (a) The following amendments are out of order and may not be proposed under this rule:

(i) Amendments that affect the principle of the Bill and in respect of which the Council has not given any instruction.

(ii) Amendments that change the classification of the Bill.

(iii) Amendments that would render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161.

(iv) Amendments that are out of order for any other reason.

(b) The Chairperson’s ruling on whether an amendment is out of order or in order, is final. If the JTM has made a finding on the amendment the Chairperson is bound by the finding.

(4) If the Bill was referred to a committee of the Council, no amendment

proposal which has the same effect as an amendment proposal previously rejected by the committee may be placed on the Order Paper, except by the person in charge of the Bill.

(5) If any amendment proposal has been placed on the Order Paper for the day on which the Bill is to be put for decision by the Council, the Chairperson must, before putting the question on the Bill -

(a) if the Bill was referred to a select committee or other committee of the Council, submit the Bill together with the amendment proposal for reconsideration to the committee which considered the Bill; or

(b) put the amendment proposal for decision by the Council and then the Bill as a whole, including any approved amendment proposals.

(6) A Bill may not be recommitted to a committee more than once in terms of this rule.

Report to and decision of Council on amendments

213. (1) A committee to which the Bill has been recommitted for reconsideration together with any amendment proposal -

(a) may consider only the clauses in respect of which amendment proposals were placed on the Order Paper and consequential amendments that have to be effected;

(b) may consult the JTM on whether any of the amendment proposals may –

(i) affect the JTM’s classification of the Bill; or

(ii) render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(d) must specify in the report each amendment proposal placed on the Order Paper in terms of rule 212 (4) but rejected by the committee.

(e) may not agree on any amendment that may –

(i) change the classification of the Bill; or

(ii) render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161; and

(f) must table its report together with the Bill in the Council.

(2) The report of the committee must be placed on the Order Paper for the consideration of -

(a) any amendment proposals agreed to by the committee; and

(b) any amendment proposals specified in the report in terms of subrule (1) (d) and moved in the Council.

(3) A motion referred to in subrule (2)(b) may be moved without notice.

(3) The Council must first decide on the amendment proposals and then

on the Bill as a whole, including any approved amendment proposals.

Consequences of approval of amendment or rejection of section 75 Bills

214. A section 75 Bill must be referred to –

(a) the President in terms of joint rule 182 if the Council approves the Bill as passed by the Assembly; or

(b) the Assembly in terms of joint rule 183 if the Council rejects or proposes amendments to the Bill as passed by the Assembly.

Part 5: Section 74 Bills

Tabling of public comments on Bills amending the Constitution

215. When any written comments received from the public and the provincial

legislatures on constitutional amendments referred to in section 74 (1), (2) or (3)(b) of the Constitution are submitted to the Chairperson of the Council in terms of section 74 (6)(b), the Chairperson must forthwith table them in the Council, or if the Council is not sitting, table them on the day the Council resumes its sittings.

Chairperson’s functions when section 74 Bills received from Assembly

216. When a Bill amending the Constitution that has been passed by the Assembly is referred to the Council in terms of section 74 (1), (2) or (3)(b) for consideration, the Chairperson of the Council must –

(a) send a copy of the Bill and the accompanying memorandum to the Speaker of each provincial legislature to enable the legislature to confer authority on its delegation to vote on the Bill; and

(b) table the Bill in the Council or, if the Council is not sitting, table the Bill on the day on which the Council resumes its sitting.

Referral to committee

217. (1) When the Bill has been tabled or if the Council is not scheduled to sit for at least two working days after the Bill has been referred from the Assembly to the Council, the Chairperson of the Council must refer the Bill and its annexures to the appropriate select committee or, after consulting the delegation whips, to any other Council committee.

(2) Despite subrule (1) the Chairperson of the Council may decide that the Bill must be placed on the Order Paper for consideration without referral to a Council committee.

Bill not referred to committee placed on Order Paper

218. (1) A Bill not referred to a committee of the Council in terms of rule 217 (1) must be placed on the Order Paper for consideration.

(2) The Bill is passed by the Council if it is agreed to by the Council with a supporting vote of at least six provinces.

Functions of committee on referral

219. If the Bill has been referred to a committee of the Council, the committee –

(a) must enquire into the subject of the Bill; and

(b) may, or if ordered by the Chairperson of the Council must, consult with any other committee that has a direct interest in the substance of the Bill;

(d) may require any suitable person to brief the committee on the objects and substance of the Bill;

(e) may consult with the appropriate Assembly portfolio committee or chairperson of that committee;

(f) may recommend that the time limit for the Council’s consideration of the Bill as may have been set in terms of the Joint Rules, be extended;

(g) may consult the JTM on whether any amendments to the Bill proposed in the committee –

(i) may affect the classification of the Bill; or

(iii) may render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(h) may not propose an amendment that may –

(i) change the classification of the Bill;

(iii) render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161;

(i) may recommend approval or rejection of the Bill or present an amendment Bill; and

(j) must report to the Council in accordance with rule 222.

Opportunity for public input

220. (1) If a Bill has not been published for public comment in the Assembly proceedings, the committee to which the Bill is referred, on request by at least five delegations may, after consulting the Chairperson of the Council and the person in charge of the Bill, direct that the Bill be published in the Gazette or in such other way as the committee may determine.

(2) When a committee has directed that the Bill be published, the Secretary must publish the Bill in the Gazette or in such other way as the committee has determined, together with a notice inviting interested persons and institutions to submit representation on the Bill to the committee before a date determined by the committee and mentioned in the notice.

Suspension of further consideration of Bill by committee

221. When the committee has completed its functions under rule 219 in respect of

a Bill, it may suspend its further consideration of the Bill until a later date within the time limit as may have been set in terms of the Joint Rules or any extended time limit as may be agreed to in terms of the Joint Rules.

Committee’s report

222. (1) The committee to which a Bill is referred must table in the Council –

(a) its report;

(b) the Bill that has been agreed on by it, or if it has not agreed on a Bill, the Bill as referred to it; and

(c) the supporting memorandum which was introduced with the Bill or, if the memorandum has been amended by the committee, the amended memorandum.

(2) In its report the committee –

(a) must state whether it recommends approval of the Bill with or without amendments, or rejection of the Bill;

(b) must specify each amendment if an amended Bill was agreed on by it, and each amendment that was considered and, for a reason other than its being out of order, was rejected by it;

(i) specify in which respects there was not consensus; and

(ii) in addition to the majority report, express the views of any minority concerned;

(d) may specify such details or information about its enquiry and any representations or evidence received or taken by it, as it may consider necessary for the purposes of the debate on the Bill;

(e) may report on any matter arising from its deliberations on the Bill which is not necessarily related to the Bill; and

(f) may recommend to the Council that any matter contained in the report be placed on the Order Paper for separate consideration either before or after the Council considers the Bill.

Consideration of committee report and Bill by Council

223. (1) The Chairperson of the Council must place the committee’s report and the Bill presented to the Council on the Order Paper.

(3) A Bill is passed by the Council if it is agreed to by the Council with

the supporting vote of at least six provinces.

Amendments

224. (1) (a) After a Bill has been placed on the Order Paper but before the

Council decides the Bill a member may place amendments to the Bill on the Order Paper.

(b) If the Bill was referred to a committee of the Council and the

committee did not agree to it or recommended its rejection, the Bill may not be amended under this rule.

(2) Amendments delivered to the Secretary after 12:00 on any working

day may only be placed on the Order Paper after the expiry of 24 hours, unless the Chairperson directs otherwise.

(3) (a) The following amendments are out of order and may not be proposed under this rule:

(i) Amendments that affect the principle of the Bill and in respect of which the Council has not given any instruction.

(ii) Amendments that change the classification of the Bill.

(iii) Amendments that would render the Bill constitutionally or procedurally out of order within the meaning of joint rule 161.

(iv) Amendments that are out of order for any other reason.

(b) The Chairperson’s ruling on whether an amendment is out of order or in order, is final. If the JTM has made a finding on the amendment the Chairperson is bound by the finding.

(4) If the Bill was referred to a committee of the Council, no amendment

which has the same effect as an amendment previously rejected by the committee may be placed on the Order Paper, unless the Chairperson directs otherwise.

(5) If any amendment has been put on the Order Paper for the day on which the Bill is to be put for decision by the Council, the Chairperson must, before putting the question on the Bill -

(a) recommit the Bill for reconsideration to the committee that considered the Bill, together with the amendment; or

(b) put the amendment for decision by the Council and then the Bill as a whole, including any approved amendments.

(5) A Council committee to which a Bill is recommitted must deal with

the Bill in terms of rule 219. A joint committee to which a Bill is recommitted must deal with the Bill in terms of joint rule 170.

(6) A Bill may not be recommitted to a committee more than once in terms

of this rule.

Report to and decision of Council on amendments

225. (1) A committee to which the Bill has been recommitted for reconsideration together with any amendments must -

(a) present the Bill together with its report to the Council;

(b) mention in the report each amendment agreed to by the committee; and

(c) specify in the report each amendment placed on the Order Paper in terms of rule 224 (4) but rejected by the committee.

(2) The report of the committee must be placed on the Order Paper for the consideration of -

(a) any amendments agreed to by the committee; and

(b) any amendments specified in the report in terms of subrule (1)(c) and moved in the Council.

(3) A motion referred to in subrule (2) (b) may be moved without notice.

(4) The Council must first decide on the amendments and then on the Bill as a whole, including any approved amendments.

Consequences of approval, amendment or rejection of section 74 Bills

226. A section 74 Bill must be referred to –

(a) the President in terms of joint rule 175 (a) if the Council approves the Bill as passed by the Assembly;

(b) the Assembly in terms of joint rule l75 (b) if the Council amends the Bill as passed by the Assembly; or

(c) the Mediation Committee in terms of joint rule 177 (1) (a) if the Council rejects the Bill as passed by the Assembly.

Process if mediation successful

227. (1) The Chairperson of the Council must table a notice in the Council stating that the Council’s version has been agreed on by the Mediation Committee if the Mediation Committee has agreed on the Bill as amended by the Council and as referred to the Assembly in terms of rule 226 (b).

(2) The Chairperson must place a Bill agreed on by the Mediation

Committee on the Order Paper for debate and decision if that Bill is –

(a) the version as passed by the Assembly and which the Council has either amended or rejected as stated in rule 226 (b) or (c);

(b) a version that differs from any version of the Bill as passed by either the Assembly or the Council.

(3) If, after consultation with the delegation whips and the chairperson

of the select committee or other Council committee concerned, the Chairperson of the Council is of the view that the Council debate on the Bill in terms of subrule (2) may be facilitated by a report of the select committee concerned or any other appropriate Council committee, the Chairperson must first refer the Bill to the committee for a report before placing the Bill on the Order Paper.

(4) If the Bill is referred to a committee, the committee may –

(a) consult with the appropriate Assembly committee or the chairperson of that committee; and

(b) not propose any amendments to the Bill.

(5) The committee must table in the Council –

(a) the committee’s report; and

(b) the version of the Bill as agreed on by the Mediation Committee.

(6) The debate in the Council on the Bill agreed on by the Mediation

Committee must be confined –

(a) to the matters dealt with in the committee’s report, if the Bill was referred to a committee; and

(b) to the question whether the Bill as agreed on by the Mediation Committee should be passed.

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 Petitions and 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.

(3) In the event that the substance of the Bill requires sufficient time beyond the six-weeks period, the cycle may be extended with the approval of the Chairperson of the Council.

Withdrawal of a Bill

241. The person in charge of a Bill introduced in the Council may withdraw the Bill at any time before the Bill has been disposed of in the Council.

CHAPTER 12

MISCELLANEOUS

Part 1: Communication with the executive

Messages by the President

250. (1) The President may communicate with the Council –

(a) by addressing the Council; or

(b) by message.

(2) The Chairperson of the Council must –

(a) present any message received from the President to the Council by reading it out at a meeting of the Council or by printing it in the Minutes of Proceedings; and

(b) if the message is to be considered by the Council, either interrupt the business of the Council and give precedence to the consideration of the message or place it on the Order Paper.

Executive statement

251. (1) A member of the executive may make a factual or policy statement relating to government policy, any executive action or other similar matter of which the Council should be informed.

(2) The time allocated for executive member making an executive statement in terms of subrule (1) may not exceed 20 minutes, except with the consent of the Council.

(3) Whenever possible, a copy of an executive statement must be delivered to the members of the Council at or before the time that the statement is made in the Council.

(4) After any executive statement has been made, the executive member concerned may, if applicable, table a background information.

(5) Following any executive statement a member from each provincial delegation or were applicable a member of each of the party may comment on the executive statement.

(6) Such comment shall not exceed three minutes per province and were applicable per party.

Resolutions affecting the executive

252. Resolutions of the Council affecting the executive must be communicated to the President by the Secretary, and a response may be communicated to the member who initiated the resolution.

Advice, recommendation or approval of the Council or a committee of the Council to the executive

253. (1) When the Chairperson of the Council receives a request for the advice, recommendation or approval, in terms of an Act of Parliament, of the Council or of a Council committee mentioned in the request on or of a matter so mentioned, the Chairperson must refer it to the relevant committee for consideration and report or to a committee established for the purpose of such consideration and report, as the circumstances may require.

(2) The Secretary must supply to each member of the committee a copy

of the request together with a notification of the referral.

(3) The committee must adopt a report and submit it to the Chairperson

for tabling.

(4) In the case of a request for the advice, recommendation or approval

of a committee, the Secretary must supply a copy of the report to the authority that made the request.

Part 2: Interventions

National interventions in provinces

254. (1) Whenever the national executive intervenes in a provincial executive in terms of section 100 (1)(b) of the Constitution, the Cabinet member responsible for provincial affairs must submit a written notice of the intervention in the Council within 14 days after the intervention began.

(2) The notice must be accompanied by a memorandum explaining the reasons for the intervention.

(3) The Chairperson of the Council must refer the matter to the appropriate committee of the Council.

(4) The Committee must –

(a) investigate whether or not the intervention was necessary;

(b) afford the provincial administration concerned and the national executive each the opportunity to state their case;

(c) confer with the select committee responsible for finance matters, if the intervention is for the purpose of maintaining economic unity;

(d) confer with the select committee responsible for security matters, if the intervention is for the purpose of maintaining national security; and

(e) report to the Council within 10 days of the report having been referred to it.

(5) The report of the Committee must –

(a) contain a recommendation whether or not the intervention should be approved; and

(b) be placed on the Order Paper for consideration.

(6) If the Council approves the intervention, the committee must on a

continuous basis investigate whether or not it is necessary to continue the intervention, and report to the Council.

(7) The Council must review the intervention regularly and make any appropriate recommendations to the national executive.

(8) The Secretary must communicate any relevant resolution of the Council to the national executive, the Speaker of the provincial legislature concerned and to the Premier of the province concerned.

Provincial interventions in local government

255. (1) Whenever a provincial executive intervenes in a municipality in terms of section 139(1)(b) of the Constitution, the provincial executive must submit a notice of the intervention in the Council within 14 days after the intervention began.

(2) The notice must be accompanied by –

(a) a memorandum explaining the reasons for the intervention.

(3) The Chairperson of the Council must refer the matter to the appropriate committee of the Council.

(4) The Committee must –

(a) investigate whether or not the intervention was necessary;

(b) afford the municipality concerned and the provincial executive each the opportunity to state their case;

(c) confer with the select committee responsible for finance matters, if the intervention is for the purpose of maintaining economic unity; and

(d) report to the Council within 10 days of the matter having been referred to it.

(5) The report of the Committee must –

(a) contain a recommendation whether or not the intervention should be approved; and

(b) be placed on the Order Paper for consideration.

(6) If the Council approves the intervention, the committee must on a

continuous basis investigate whether or not it is necessary to continue the intervention,

and report to the Council.

(7) The Council must review the intervention regularly and make any

appropriate recommendations to the provincial executive.

(8) The Secretary must communicate any relevant resolution of the Council to the Speaker of the provincial legislature concerned and to the Premier of the province concerned.

Part 3: Contempt

Establishment

256. 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

257. (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

258. (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

259. The chairperson of the committee convenes meetings of the committee.

Functions and Powers

260. (1) The Chairperson of the Council may refer a matter to the standing 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 in the rules.

(4) The committee must recommend an appropriate penalty in accordance with section 25(2) of the Act.

(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 complain to the member or witness concerned, and thereafter consider the complaint.

(7) In considering the complaint the committee may consider verbal or written representations by the member or witness concerned.

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

Member adjudged guilty of contempt

261. Any member adjudged guilty of contempt must be committed to the custody of the Usher by order of the Chairperson and dealt with as the Council may direct.

Fines

262. The amount of a fine leviable under the Powers, Privileges and Immunities of Parliament and Provincial Legislature Act, 2004, for each of the offences mentioned therein, and for each offence referred to in these Rules or any resolution of the Council, must be determined in every case by an order or a resolution of the Council; but such fine may in no case exceed the equivalent of one month’s salary and allowances payable to the member concerned by virtue of the Remuneration of Public Office Bearers Act, 1998, except where otherwise provided in the Act.

Recovery of fines

263. All fines must be recovered by the Secretary and paid into Parliament’s bank account.

Fines remitted and persons discharged

264. A fine or a portion of a fine may be remitted or the commitment of any person may be discharged by order of the Council.

Complaints by persons other than members

265. 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 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.

Part 4: Witnesses

Witness expenses

266. Subject to the approval of the Chairperson of the Council, the Secretary may pay to witnesses a reasonable sum for travelling and attendance time and for transport expenses actually incurred.

Part 5: Office of Secretary and Records of Council

Minutes of proceedings

267. (1) The Minutes of Proceedings of the Council must be noted by the Secretary, and after having been perused by the Chairperson of the Council, be printed and supplied to each permanent member.

(2) Minutes of the proceedings of each committee and subcommittee must be noted by an official of Parliament designated by the Secretary, and after having been approved by the chairperson of the committee and subcommittee, be printed and supplied to each member of the committee and subcommittee.

Journals of Council

268. The Minutes of Proceedings, signed by the Secretary, constitute the Journals of the Council.

Papers

269. (1) The Secretary has custody of all papers tabled in the Council or submitted to committees of the Council.

(2) Papers are open to all Council members and to all members of the public, but if the Council has ordered that the content of any paper may not be made public, or if it is marked as being confidential, neither the paper nor its contents may be divulged to anyone except a member.

Submission of documentation to provinces

270. The Secretary must submit to the Speaker of each provincial legislature, either through the post or by electronic means –

(a) a copy of the printed Minutes of Proceedings of the Council;

(b) all section 74 and 76 documentation tabled in the Council, within three days of tabling, unless another period is prescribed in terms of these Rules for any specific document; and

(c) a copy of the minutes of each committee or subcommittee as approved by the chairperson of the committee and subcommittee, within three days of approval.

General duties of Secretary

271. (1) The Secretary is responsible for the regulation of all matters connected with the business of the Council, subject to the directions of the Chairperson of the Council.

(2) The Secretary may authorise any staff member to exercise a power or perform a function vested in terms of these Rules in the Secretary.

Annexure

SCHEDULE

Procedure to be followed in the investigation and determination of allegations of misconduct and contempt of Parliament

Notification to member

A member charged with misconduct or contempt must receive written notice of all allegations and charges against him or her. The notification must be delivered to the member at least five working days before the hearing. The notice must also clearly indicate the date, time and venue of the hearing, that the member is entitled to be assisted by a fellow member and that the member may request the Committee to allow legal representation by a person who is not a member.

If it is not possible to serve the notice personally on the member, the Sheriff may be requested to serve such notice.

Outside legal representation

In unusual complex cases involving complicated evidence or legal issues where the Committee is of the view that such legal representation might be essential for a fair hearing, the Committee may allow the member charged to be represented by a legal counsel who is not a member.

Explanation by member

If the member wishes to give an explanation after receiving the notice, he or she may do so either verbally or in writing. Such explanation may also be presented at the hearing.

Initiator

The Committee must nominate a member or a person who is duly qualified, but who is not a member of the Committee, to act as the initiator for the duration of the hearing. The initiator presents the evidence regarding the allegations and may cross-examine the member and any witness giving evidence on behalf of the member. At the conclusion of the hearing, the initiator may address the Committee on the evidence presented before it and may also propose a penalty to be recommended by the Committee in its report.

Plea to charge

The initiator must put the charge to the member and the Chairperson must request the member to plead to the charge(s). If the member so wishes, he or she can also give a plea explanation. If the member refuses to enter a plea, the Chairperson must enter a plea of not guilty.

Hearing

The member has a right to be present at the hearing. The Committee, initiator and the member may call witnesses and these witnesses may be questioned by the Chairperson, initiator or the member, either directly or through the fellow member. Members of the Committee may also put questions to the member, but only through the Chairperson or with the permission of the Chairperson. After all the witnesses have been called, the member or fellow member may sum up the evidence and make a presentation to the Committee.

If after receiving the notice, the member fails, without just cause, to attend the hearing, the Committee may proceed in the absence of the member.

Penalty

If the Committee finds the member guilty of misconduct or contempt, the member or fellow member must be given an opportunity to present mitigating factors to the Committee before the Committee reports to the House. Such representation may be verbal or in writing. The initiator may also address the Committee on aggravating or other factors.

Suspension of member

In order to facilitate an investigation in terms of section 12 of the Powers, Privileges and Immunities of Parliament and Provincial Legislature Act, 2004 against a member in circumstances where there is a possibility that the member may interfere with evidence or witnesses or in circumstances where the allegations are of a very serious nature, the Chairperson of the Council may request the House to suspend the member. Such suspension may be with or without remuneration and may not be for longer than 14 days. A member who has been suspended must leave the parliamentary precinct, and may not, during the period of suspension, without the permission of the Chairperson –

Enter the precinct of Parliament for whatever purpose; or
Participate in any activity of Parliament or any committee.

The Chairperson of the Council must in writing inform the member of the suspension prior to it taking effect.

Rule Page

CHAPTER 1

APPLICATION OF RULES

Suspension of Rules

Public participation

CHAPTER 2

Election of other presiding officers

Election of Chief Whip of the Council

Removal of presiding and other officers from office

CHAPTER 3

CHAPTER 4

SITTINGS OF THE COUNCIL

Sitting times

Minutes of Proceedings

Orders to leave sittings

Removal of persons

CHAPTER 5

Part 1: Order in meetings

Members may not be interrupted

Order at adjournment

Censure of member

Period of suspension

Debating of charges against member

Part 2: Rules of debate

Members to address Chair

Reflection upon previous Council decisions and on judges, etc

Rule of anticipation

Explanations

Points or order

Rights of member to speak

When reply allowed

CHAPTER 6

DECISION OF QUESTIONS

Part 1: General

Absence of quorum for decisions

Part 2: Voting by individual members

Declaration of vote

Demand for division

Confusion or error during division

Part 3: Voting by Provinces

Voting

Mandates

CHAPTER 7

Nature of motions

No amendment to draft resolution

CHAPTER 8

Debates on Presidential Addresses

CHAPTER 9

COMMITTEE SYSTEM

Part 1: Introduction

Part 2: Rules applicable to all committees

Alternates

First meetings of committees

Meetings and functioning of committees and subcommittees

Order in meetings

Attendance by members

Interruption, suspension or adjournment

Persons appearing before committees and subcommittees

Presence of other Council members

Local government representatives

Part 3: Rules Committee

Composition

Subcommittee on the Council Budget

Composition

Subcommittee on Support for Members of the Council

Composition

Subcommittee on Review of the Council Rules

Composition

Subcommittee on Parliamentary Powers and Privileges

Composition

Subcommittee on Internal Arrangements

Chairperson

Subcommittee on International Relations

134. The Subcommittee on International Relations consists of the Chairperson of the Council, the permanent Deputy Chairperson of the Council and other Council members appointed in such a way that -

Subcommittee on Delegated Legislation

Composition

Part 4: Programme Committee

Establishment

Part 5: Committee on Petitions and Members’ Legislative Proposals

Establishment