Glossary
GLOSSARY of TERMS
The purpose of this glossary is
- to clarify the use of terms in the context of legislatures; and
- to provide some basic information.
| Act | When a Bill becomes an Act (law), it has been passed by Parliament and published in the Government Gazette. An Act passed by a provincial legislature is known as a provincial Act (law). |
| Ad Hoc Committee | A temporary parliamentary Committee established to deal with a specific issue - for example, interviewing and recommending commissioners for the South African Human Rights Commission. |
| Adjournment | The procedure by which the sitting of a legislature is brought to a close. |
| Amendments | Changes (or proposed changes) to a Bill or draft resolution before the legislature passes the law or resolution. |
| Auditor-General | The Auditor-General's office checks on the accounts, financial statements and financial management of all state departments at all levels of government. It is Parliament's and the taxpayers' watchdog, ensuring that resources are well managed. |
| Backbencher | A Member of a legislature who does not hold a leadership position in their majority party and is not a parliamentary office-bearer. |
| Bill | A Bill is a proposed new law, or draft law, which has not yet been passed by Parliament. When a Bill is passed it becomes a law / Statute. An amendment Bill proposes changes to an existing law. |
| Bill of Rights | A part of the Constitution (Chapter Two) which outlines the basic rights of every person living in South Africa |
| Briefing | An introductory explanation given to members of the legislature, usually in their committees, by a department official or specialist on the objectives and underlying principles of a bill or policy document. |
| By-law | Laws written by Municipal Councils. |
| Cabinet | The executive arm of government at a national level. It comprises the President, Deputy President and the Ministers. |
| Casting Vote | A deciding vote made by the Presiding Officer when there is an even number of votes. |
| Chairperson of Committees | A Member of Parliament or of a Provincial Legislature who co-ordinates the work of the Committees and convenes meetings of all Committees when necessary. S/he presides over the House when the Speaker and Deputy Speaker are absent. |
| Chamber | The room where legislative sittings are held. |
| Chief Whip | See "Whip" below. |
| Civil servant | Government official, also known as public servant. |
| Civil service (or public service) | The entire body of state officials who assist with implementing the policies of government. |
| Commission for Conciliation Mediation and Arbitration (CCMA) | The CCMA is an independent statutory body that helps anyone whose labour rights have been violated and/or is a victim of an unfair labour practice involving such matters as dismissal, wages and working conditions, workplace changes or discrimination. |
| Commission for Gender Equality
(CGE) |
This commission is a watchdog for gender equality and is particularly concerned with the rights of women. It investigates and challenges laws, practices and customs that discriminate against people because of their gender. |
| Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities | This Commission's task will be to promote respect for all communities in South Africa with regard to culture, religion and language as well as to build national unity among these communities. |
| Commission on the Restitution of Land Rights | This Commission's mandate is to restore land rights lost due to apartheid policies. |
| Committee | A group of Members of Parliament or of Provincial Legislature assigned to consider issues relating to a particular subject area. Committees consider Bills and issues which the House refers to them, or empowers them to examine.
They also provide a watchdog function (or "oversight") over government ministries and departments. Every party is entitled to at least one seat on a Committee. |
| Committee Section | The support department in the legislature that facilitates all the organisational requirements of the Committees, such as organising committee meetings, hearings and field trips. |
| Constituency | The residents in an electoral district; a group of people to whom an elected representative is responsible; an electoral district. |
| Constitution | The basic set of rules according to which a country is governed. The Constitution is the supreme law of the land. South Africa’s new Constitution was adopted by the Constitutional Assembly and signed by the President in 1996. |
| Constitutional Court | This court is the highest court of the Judiciary and deals only with matters that relate to the Constitution. All laws made in the country can be tested in the Constitutional Court to make sure that they are not in conflict with the Constitution. |
| Constitutional democracy | A constitutional democracy is where government is by the people through a system of representation based on free elections. It also means that the laws of the land - which determine the powers and duties of the government and guarantee certain rights to the people - are subject to the Constitution. |
| Co-operative government | Co-operative government is the principle that obliges the three spheres of government (national, provincial and local) to work together in a supportive, consultative, trusting and friendly manner. |
| Deliberations | Discussions which take place in a Committee meeting or legislative sitting. |
| Electoral Commission | This Commission impartially manages elections in all three levels of government to make sure that they are free and fair. Often called the Independent Electoral Commission or IEC. |
| Executive | The branch of government concerned with the formulation and execution of policy and laws. On a national level, the Executive is called the Cabinet and comprises of the President, Deputy President and the Cabinet Ministers. On a provincial level, the Executive is called the Executive Council and comprises the Premier and Members of the Executive Council (MECs). |
| Executive Council | The executive arm of government at a provincial level. It comprises the Premier and Members of the Executive Council (MECs). |
| Financial and Finance Commission (FFC) | The Commission plays the role of a "mediator" between and amongst the three spheres of government. It could also be regarded as a "check and balance" on the collection, allocation and use of fiscal (tax revenue) resources. |
| First Reading | The First Reading is when a Bill is introduced and tabled for the first time in the House by the relevant Minister or Member of Executive Council. In some cases there is also a debate. |
| Fiscal | The term used when describing money the government receives from taxes; dealing with tax revenue. |
| Gallery | The section in the House for the public and press where they may view a legislative sitting. |
| Government Gazette | The official government paper that publishes laws (Acts) and other official documents such as Bills and White Papers. |
| Green Paper | A draft policy document drafted by a Department and used as a tool to consult the public This initial document, once discussion is finalised, usually becomes a White Paper. |
| Hansard | The official published record of debates in a legislature. |
| Independent Broadcasting Authority (IBA) | This is an independent body that regulates broadcasting in the public interest. It makes sure that radio and television broadcasts are fair and that they represent the variety of views of South African society. |
| Independent Complaints Directorate (ICD) | This independent body is responsible for ensuring that cases in which misconduct on the part of police officers is alleged, are investigated impartially. |
| Intergovernmental relations | The interaction between national, provincial and local government. |
| Interpellation | A debate limited to fifteen minutes in which an Executive member replies to a Member’s question (which was formally tabled) followed by a short debate. |
| Joint Tagging Mechanism | A Committee with representation from both the National Assembly and the National Council of Provinces (NCOP) which classifies or "tags" a Bill as belonging to one of four groups:
It also checks whether a Bill is constitutionally and procedurally in order. This joint Committee comprises the Speaker and Deputy Speaker of the National Assembly, the Chairperson and permanent Deputy Chairperson of the NCOP and the Parliamentary Law Adviser. |
| Judicial Service Commission | This Commission advises government on any matter relating to the administration of justice and the judiciary, such as complaints about judges and the appointment of judges. |
| Judiciary | The arm of the State dealing with the administration of justice; a system of courts of law responsible for checking the legality of the laws and their compliance with the Constitution as well as deciding what to do if laws are broken. |
| Leader of Government Business | A Cabinet Member who represents Cabinet in the National Assembly and serves as a link between the Cabinet and the House. |
| Leader of the House | A Member of the Executive Council (MEC) who represents Executive Council in the provincial legislature and serves as a link between the two bodies. |
| Legislature | A law-making body of elected representatives. Its role is to make, change and repeal laws and to monitor the work of the Executive There is a legislature in each of the nine provinces and a national legislature called Parliament in Cape Town. |
| Maiden speech | A Member’s first speech in the House. |
| Majority party | The political party that has the most seats in the House. The President is elected from its ranks. |
| Mediation Committee | A joint committee that tries to facilitate agreement when the National Assembly and the NCOP are unable to agree on a Section 76 Bill. |
| Member of Executive Council (MEC) | The provincial version of a Minister. There are no fewer than five and no more than ten MECs in each Province who role it is to assist the Premier in running the province. Each MEC is in charge of a particular portfolio and of a provincial department. |
| Member of Parliament (MP) | An elected representative in the national legislature chosen from a party list according to the number of votes obtained in the election. There are 400 Members in the National Assembly. The NCOP has 54 permanent delegates from the provincial legislatures as well as up to 36 special delegates from provincial legislatures who are there for shorter periods of time,. |
| Member of Provincial Legislature (MPL) | An elected representative in the provincial legislature chosen from a party list according to the number of votes obtained in the election. There are between 38 to 80 Members in a Legislature, depending on the population size in the province. |
| Memorandum | The brief explanation that is attached to the end of a Bill. |
| MINMEC meeting | A meeting between a Minister and the nine provincial Members of the Executive Council (MECs) dealing with the same portfolio. |
| Money Bills | Money Bills allocate public money for a particular purpose or impose taxes, levies or duties. These Bills can only be introduced by the Minister of Finance or the MEC responsible for finance. |
| Motion | A subject for discussion in a legislature or a draft resolution awaiting approval as a resolution. |
| Municipal council | The body elected to manage matters at local government level. |
| Municipalities | A local government area that is headed by a municipal council that deals with local issues. |
| National Assembly | The first chamber of Parliament. It currently has 400 Members with each party being represented in proportion to its support in the last election. |
| National Council of Provinces (NCOP) | The second chamber of Parliament. It represents the provinces at the national level and provides a link to the provinces. It is comprised of 90 delegates: 54 permanent and 36 non-permanent or "special". Each province has ten delegates: six permanent and four special delegates. |
| National Prosecuting Authority (NPA) | The National Prosecuting Authority, headed by the National Director of Public Prosecutions, is charged with the responsibility of co-ordinating the effecting prosecution of suspect charged with criminal offences in the country. |
| National Youth Commission | This Commission was established to assist the government in developing a comprehensive youth development policy. It is a statutory body but it is not included in the Constitution and does not enjoy constitutional protection. |
| Official Opposition | The Official Opposition is the largest opposition party in the House. |
| Opposition | All the parties in the House that do not form part of the governing party/coalition. The largest opposition party in the House is called the Official Opposition. |
| Order Paper | This programme outlines the legislature's agenda for the day and contains other information about work in progress. |
| Pan South African Language Board | This Board's task is to protect, promote and develop the eleven official languages as well as to promote and ensure respect of all languages spoken in this country. |
| Parliament | Parliament is an elected body of representatives responsible for passing national legislation and overseeing the work of the national Executive. It comprises the National Assembly and the National Council of Provinces (NCOP). |
| Parliamentary privilege | Members of Parliament and of Provincial Legislatures have freedom of speech in the House and in its Committees, subject to its rules and orders. They are not liable to civil or criminal proceedings, arrest, imprisonment or damages for anything they say, produce before, or submit in the House or its Committees. |
| Parliamentary questions | Questions to Ministers or Members of the Executive Council by a Member of a legislature which have been printed on the Question Paper. Answers may be given either orally of in writing. |
| Party caucus | This is an exclusive meeting of the members of a party in which they strategise over their party's stance on an issue, plan who will speak in a debate etc. |
| Permanent delegates | A representative from a provinces who is permanently based in the NCOP through which provincial interests are promoted. |
| Petition | A written request or complaint made by one or more members of the public. |
| Plenary session | A sitting of the legislature as a whole. |
| Portfolio | A portfolio is the specific area of responsibility allocated to a Cabinet Minister of Members of Executive Council (MEC) - for example health or education. |
| Portfolio Committee | A parliamentary Committee in the National Assembly that focuses on a particular government department and its field of work. |
| Premier | The Head of the Executive in a province who is supported by the Members of the Executive Council (MECs). |
| President | The Head of State and head of the National Executive who is elected from the majority party for a term of five years. A President may serve a maximum of two terms. |
| Presiding officers | An officer elected by a legislature to oversee the proceedings of the House and to provide guidance, direction and control. Typically these are the Speaker and Deputy Speaker in most legislatures and the Chairperson and Deputy Chairpersons of the NCOP. |
| Private Members Bills | Bills drawn up by individual Members of a legislature. |
| Proportional representation | South Africa uses a proportional representation voting system based on party lists at the national and provincial levels. This means that a political party receives a share of seats in the legislature in direct proportion to the number of votes cast for the party in the elections. |
| Proceedings | The activities that take place in the House of in a Committee. The most important parts of the proceedings are the decisions which are taken. |
| Provincial Legislature | An elected body of representatives responsible for passing provincial legislation and overseeing the work of the provincial Executive. The distribution of seats is as follows:
Eastern Cape 63; Free State 30; Gauteng 73; KwaZulu-Natal 80; Mpumalanga 30; Northern Cape 30; Northern Province 49; North West 33; Western Cape 39: TOTAL: 427. |
| Public participation | Public participation is the process whereby legislatures are accessible to members of the public so that they have the opportunity to voice their opinion. This includes people being permitted to attend and listen to House debates, committee meetings and public hearings as well as by voicing their opinions in the forms of oral and written submissions and petitions. |
| Public Protector | An impartial person appointed by Parliament to protect citizens from unfair treatment by the state and its officials as well as from inefficient administration and dishonesty with respect to public money. |
| Public Service Commission | This is a watchdog body which monitors the composition and efficiency of the state bureaucracy. Public servants are formally appointed by the Public Service Commission which sets their job descriptions, salary levels, service conditions and the guidelines for carrying out their work. |
| Question Paper | The Question Paper contains notices of interpellations and questions being put to Members of the Executive for oral reply. It is distributed before Question Time. |
| Questions in debate | When a Member addresses the House, other Members may direct spontaneous questions to him/her. The Member who is speaking may decide whether or not to take these questions. |
| Quorum | The number of Members necessary to be present to constitute an official meeting and allow business to be conducted. This is particularly important when it relates to passing a law or voting on a legally binding decision. |
| Reading of a Bill | A stage in the process of a Bill being made. |
| Recess | The periods when the legislature is not in session. |
| SALGA | The South African Local Government Association comprises representatives of local government organisations and aims to promote local government in South Africa as provided for in Section 163 of the Constitution. They nominate people who serve as non-voting members of the NCOP and the Fiscal and Finance Commission. |
| Second reading | A stage of a Bill’s progress through the Legislature. |
| Secretary | The head or overall "manager" of the legislature's support staff and in many cases, the most senior expert on procedure in the legislature. The Secretary is also the Accounting Officer - responsible for proper management of funds in line with agreed policies. |
| Select Committee | A parliamentary Committee in the National Council of Provinces that focuses on a particular area of government. |
| Separation of powers | The legislative, executive and judicial arms of government have their separate functions and are independent from each other This separation ensures that power is divided and that no single pillar of state has all the power. |
| Serjeant-at-Arms | The Serjeant-at-Arms is a member of the parliamentary staff who acts as the official guardian of the mace, a decorated rod which is the symbol of the authority of Parliament. The mace must be in position in the Chamber during a plenary sitting.
The Serjeant-at-Arms is also responsible for maintaining the attendance register of the Members in the House. S/he must also maintain order in the House and remove people from the House as ordered by the Speaker. |
| Session | A session is the period of time between the first meeting of a legislature and its final adjournment for recess. |
| Sitting of the House and "The House sits" | This is when the all the members of the legislature meet to discuss and debate issues and to pass laws in the House. |
| South African Human Rights Commission
(SAHRC) |
This commission is responsible for promoting respect for human rights by all South Africans as well as protecting and monitoring human rights in South Africa |
| Speaker | The Speaker is the head of the National Assembly or Provincial Legislature and is the legislature's official representative. S/he is elected by the Members of Parliament /Members or of Provincial Legislatures from among their own ranks and is assisted by a Deputy Speaker. The Speaker and Deputy Speaker are referred to as the Presiding Officers.
The Speaker is responsible for the overall administration of the Legislature and for presiding over the House. In the NCOP the Speaker function is held by the Chairperson and two Deputy Chairpersons, one permanent and one rotating. |
| Special delegates | The four members per province in the NCOP but who are based in their provincial legislatures. They are temporary and membership changes according to the issue under discussion. They remains Members of the Provincial Legislature and must travel between the provincial legislature and Parliament in order to obtain and deliver negotiating and voting mandates.
One of these four places may be occupied by the Premier of a province. |
| Standing Committee | A permanent committee. |
| State Law Advisor | This legal specialist checks that draft Bills are constitutional and refines and approves draft Bills. |
| Statute | Another term for an a law. |
| Statutory body | An organ of state established by an Act of Parliament - for example the South African Human Rights Commission. |
| Submission | Submissions are verbal or written comments by a person or organisation on a proposed new law or policy. Public hearings are often set up to hear these submissions. |
| Swearing in | Making an oath or affirmation in order to take one's place as a Member in the House. |
| Tabling | The process whereby Bills are introduced in Parliament or a provincial legislature for the first time. |
| Tagging | A process of classifying or "tagging" a Bill as belonging to one of four groups: Section 75 Bill (does not affect the provinces), Section 76 Bill (does affect the provinces), a constitutional amendment (Section 74) or a Money Bill (Section 77). See Joint Tagging Mechanism. |
| Truth and Reconciliation Commission (TRC) | The Truth and Reconciliation Commission's mandate is primarily to document gross human rights violations in the period from 1960 to 1994. It also recommends reparations for victims as well as to grant amnesty under certain conditions to individual who have applied for amnesty for violence committed during this period. This Commission has a limited life span. |
| Usher of the Black Rod | The Usher of the Black Rod is the parliamentary official who carries the ceremonial symbol representing the authority of the NCOP and its chairperson. S/he is also responsible for recording the attendance of delegates in the Chamber as well as maintaining order in the public gallery and removing people from the Chamber as ordered by the Chairperson. |
| Volkstaat Council | A temporary institution that was established to make recommendations regarding cultural self-determination and to explore the constitutional possibility of the establishment of an Afrikaner Volkstaat. This Council dissolved in March 1999 |
| Whip | A party whip is a Member of a legislature appointed to represent his/her party's interests and ensure the effective functioning of his/her party in the legislature. Whips are responsible for keeping members of their party informed concerning House business and ensuring attendance. (The term "whip" is from the British system, taken from the term "whipping people into line".)
There are two Chief Whips - one from the majority party and one from the largest minority party or Official Opposition. The other parties have Senior Whips assisted by a number of other whips. The senior party whip co-ordinates the party caucuses, decides who will speak during a debate and for how long. S/he also decides which members of his/her party will sit on various Committees. |
| White Paper | A document drafted by a government department after consultation, presenting government policy in a given area. It may contain legislative or administrative proposals on which the government intends to act. |
______________________________________________________________________
This information compiled with the support of the European Union Parliamentary Support Programme (EUPSP)
