MANDATING PROCEDURES OF PROVINCES BILL
"Mandate" means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP to cast a vote, in compliance with the requirements under section 3;
"NCOP" means the National Council of Provinces referred to in section 42(1)(b) of the Constitution;
"NCOP Plenary" means an ordinary sitting of the Council;
"NCOP Select Committee" means a select committee established in terms of Rule 151(1) of the Rules of the National Council of Provinces;
"Negotiating Mandate" means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP of parameters for negotiation when the relevant NCOP select committee considers a Bill after tabling and before consideration of final mandates, and may include proposed amendments to the Bill"
"Provincial delegation to the NCOP" means a delegation referred to in section 60(1) of the Constitution;
"Provincial legislature" means a provincial legislature contemplated in section 104 of the Constitution; and
"Voting Mandate" means the conferral of authority by a provincial legislature on the head of its provincial delegation to the NCOP to cast a vote on a Bill in a NCOP Plenary.
2. Application
This Act applies to all provincial legislatures and the NCOP.
CHAPTER 2
PROCEDURES IN RESPECT OF MANDATES AND DESIGNATION OF HEAD OF DELEGATION
3. Requirements in respect of Mandates
Every Mandate required in terms of this Act must be on the letterhead of the provincial legislature and must–
(a) indicate the name and number of the Bill being voted on;
(b) indicate whether the provincial legislature votes in favour of or against, or abstains from voting on, the Bill ;
(c) contain the signature of the Speaker or of a person designated by the Speaker to preside on that specific Bill ;
(d) be addressed to the Chairperson of the NCOP or a person designated by the Chairperson of the NCOP; and
(e) follow the format prescribed in Annexure A.
4. Requirements in respect of Designation as Head of Delegation
(1) The Premier or a delegate in a provincial delegation designated by the Premier, must cast a vote on behalf of the provincial legislature.
CHAPTER 3
PROCEDURES IN RESPECT OF MANDATES
5. Legislative Mandates requiring both Negotiating and Final Mandates
Negotiating and Final Mandates are required in respect of a Bill referred to
(a) in section 74(1)(b), (2)(b), (3)(b) and (8); and
(b) in section 76 of the Constitution.
6. Negotiating Mandates
A provincial legislature must confer the authority on its provincial delegation to the NCOP of parameters for negotiation when the relevant NCOP select committee considers a Bill after tabling and before consideration of final mandates, and may include proposed amendments to the Bill.
7. Final Mandates
A provincial legislature must confer the authority on its provincial delegation to the NCOP to cast a vote when the relevant NCOP select committee considers a Bill prior to voting thereon in a NCOP plenary.
8. Voting Mandates
A provincial legislature must confer authority to vote on the head of the delegation or delegate designated by the head of the delegation, to cast a vote in a NCOP plenary.
If no matter arises from the deliberations of the NCOP select committee when considering final mandates which may necessitate consideration by a provincial legislature, the provincial delegation to the NCOP from a provincial legislature must table its province’s final mandate in the NCOP plenary as that province’s voting mandate.
CHAPTER 4
GENERAL
Short Title and Commencement
This Act is called the Mandating Procedures of Provinces Act, 2006 and comes into operation on date fixed by the President by proclamation in the Gazette.
MEMORANDUM ON THE OBJECTS OF MANDATING PROCEDURES OF PROVINCES BILL, 2006
BACKGROUND
In terms of section 65 (2) of the Constitution of the Republic of South Africa, 1996, an Act of Parliament enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf.
Item 21(5) of Schedule 6 of the Constitution, provides that until the Act of Parliament referred to in section 65(2) of the new Constitution is enacted each provincial legislature may determine its procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the National Council of Provinces.
As legislation envisaged in section 65(2) of the Constitution has not yet been enacted, there is no uniformity on how provincial legislatures confer authority on their delegations to cast votes on their behalf.
Provincial legislatures having invoked the provisions of item 21(5) of Schedule 6 to the Constitution had in their respective Standing Rules set out procedures in which authority is conferred on the delegation to cast votes on their behalf.
PURPOSE
The Bill seeks to provide a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf in the National Council of Provinces.
CLAUSE BY CLAUSE ANALYSIS
Clause 1 provides for definitions.
Clause 2 provides for application of the Bill.
Clause 3 sets out requirements that a mandate must contain and states that all the mandates must follow the format prescribed in Annexure A.
Clause 4 sets out the requirements in respect of designation of head of delegation.
Clause 5 makes provision for procedural mandates and provides an open mandate to the NCOP delegation when dealing with procedural questions.
Clause 6 provides for legislative mandates requiring both negotiating and final mandates.
Clause 7 provides for the establishment of the NCOP Committee by a Provincial Legislature to deal with National Council of Provinces’ matters.
Clause 8 sets out the procedures to be followed when conferring of authority to vote on negotiating mandates.
Clause 9 sets out the procedures to be followed when conferring of authority to vote on legislative and final mandates respectively, if the House is not sitting.
Clause 10 provides for voting mandates.
Clause 11 provides for the short title of the Bill and states that it will be called, the Mandating Procedures of Provinces Act, 2006 (MPPA).
Annexure A provides for the format to be used when mandates are submitted to the NCOP.
CONSULTATION
All nine provincial legislatures and the South African Local Government Association (SALGA) have been consulted.
IMPLICATIONS FOR PROVINCES
This legislation would provide certainty with regard to the procedures that should be followed when the Provinces confer authority on its Provincial delegation to vote in the NCOP.
FINANCIAL IMPLICATIONS FOR THE NCOP
None.
PARLIAMENTARY PROCEDURE
The drafters of this Bill are of the opinion that this Bill must be dealt with in accordance of the procedures established by Section 76 of the Constitution.
ANNEXURE A: FORMAT FOR A MANDATE
(Section 3)
OFFICIAL LETTERHEAD OF THE PROVINCIAL LEGISLATURE
To: {The Chairperson of the NCOP or a person designated by the Chairperson of the NCOP}
Name of Bill : ___________________________________________________
Number of Bill : ___________________________________________________
Date of deliberation: ___________________________________________________
Category of mandate:
{Indicate whether a Negotiating Mandate, Final Mandate, Voting Mandate or a Legislative Mandate}
Vote of the legislature:
{Indicate whether the provincial legislature votes in favour of or against, or abstains from voting on the Bill & amendments, if any, in respect of a Negotiating Mandate}
_____________________ ____________________________________________
Signature Date
{Signature of the Speaker or person designated by the Speaker to preside in the House on that specific Bill }