National Council of Provinces Rules
The Rules Committee, having considered proposals for the amendment of the Preliminary Rules of the National Council of Provinces, as presented to it by the Subcommittee on Review of the Rules of the National Council of Provinces, recommends as follows:
(a)
That the Rules of the National Council of Provinces, as contained in Draft 6 dated 23 March 1999 and amended by the Rules Committee at its meeting on 23 March 1999, be adopted;
(b) that these Rules replace the existing Preliminary Rules of the National Council of Provinces;
(c) that the renumbering of Rules and adjustment of cross-references to other Rules and the Joint Rules be effected administratively; and
(d) that an Index to the Rules be compiled administratively.
RULES OF THE NATIONAL COUNCIL OF PROVINCES
(As approved by the National Council of Provinces )
Issued: March 1999
8th Edition: March 2007
PREFACE
The following Rules were amended:
Rule 1 (Definitions)
Rule 5 (3)
Rule 10(1)(c-d)
Rule 17(1-2)
Rule 103(2)(a-b) and (3)
Rule 116(1)( c)
Rule 118(1)(e)
Rule 119
Rule 121
Rule 122
Rule 125A, 125B, 125C and 125D
Rule 126
Rule 129A, 129B, 129C and 129D
Rule 130
Rule 134
Rule 137
Rule 154(a)
Rule 166(a)
Rule 230(1)
Rule 237(1)
Rule 240A(1-6)
Rule 241
Rule 243(3)
Rule 244(3)
Rule 16 (2)(a-c)
Rule 243(1)
Rule 244(1) and (3)
Rule 246
Rule 247
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 ..……….…………………… 5
CHAPTER 3: COUNCIL MEMBERS
15. Proof of appointment of designation ………............................................ 7
16. Oath or solemn affirmation …………….................................................. 7
17. Absence of permanent members ………………………………………... 8
CHAPTER 4: SITTINGS OF THE COUNCIL
18. Conduct of business and proceedings ………………………………….. 9
19. Sitting days ...................................………............................................... 9
20. Sitting times ..................................………............................................... 9
21. Venue ...........................................……….......................................……. 9
22. Order Paper ..................................………............................................... 9
23. Minutes of Proceedings ................………............................................... 9
24. Opportunity for prayer or meditation ……............................................. 10
25. Interruption, suspension or adjournment of proceedings ……….............. 10
26. Admission of the public ......………......................................................... 10
27. Orders to leave sittings .........………........................................................ 10
28. Removal of persons .............………......................................................... 10
29. Visiting Heads of State ………………………………………………….. 11
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 1
APPLICATION OF RULES
Definitions
1. In these Rules, unless the context otherwise indicates –
“Act” means the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004;
“A.T.C” means the document entitled Announcements, Tablings and Committee Reports;
“classification”, with reference to a Bill, means the classification of a Bill in terms of joint rule 160 (6) or the reclassification of a Bill in terms of joint rule 163, and “classify” and “classified” have corresponding meanings;
“constitution amendment Bill” means a Bill to which section 74 of the Constitution applies;
“document” means any written instrument, and includes any electronic or other device in or on which information, including visual material is recorded, stored or kept;
“Gazette” means the national Government Gazette;
“JTM” means the Joint Tagging Mechanism established by joint rule 151;
“member”, with reference to the Council, means a permanent or special delegate to the Council, and “permanent member" and "special member" have a corresponding meaning;
“mixed section 75/76 Bill” means a Bill that contains provisions to which section 75 of the Constitution applies and provisions to which section 76 applies;
“money Bill” means a Bill to which section 77 of the Constitution applies;
“permanent member” means a permanent delegate to the Council envisaged in section 60 (2) (b) of the Constitution;
“person in charge”, with reference to a Bill introduced –
(a) in the Council by a Council member, means that member;
(b) in the Council by a Council committee, means the chairperson or other member of the committee designated by the committee; or
(c) in the Assembly, means the Council member designated in terms of joint rule 217 (1);
“recess”, with reference to the Council, means a period determined as a recess by the Programme Committee, or by resolution of the Council, during which the business of the Council is interrupted;
“section 75 Bill” means a Bill to which the procedure prescribed in section 75 of the Constitution applies, and includes a money Bill;
“section 76 Bill” means a Bill to which the procedure prescribed in section 76 of the Constitution applies;
“section 76(1) Bill” means a section 76 Bill introduced in the Assembly;
“section 76(2) Bill” means a section 76 Bill introduced in the Council;
“Secretary” means the Secretary to Parliament;
“sitting day”, with reference to the Council, means a day on which the Council sits in plenary and it includes committee meetings;
“special member” means a special delegate to the Council envisaged in section
60 (2) (a) of the Constitution;
“working day” means any day of the week except -
(a) Saturday and Sunday; or
(b) a public holiday in terms of the Public Holidays Act, l994 (Act 36 of 1994); and, if such a holiday falls on a Sunday, also the Monday.
Unforeseen matters
2. (1) The Chairperson of the Council may give a ruling or make a rule on a matter for which these Rules do not provide.
(2) A rule made by the Chairperson remains in force until the Rules Committee has decided on it.
Suspension of Rules
3. The Council may by resolution dispense with or suspend a provision of these Rules for a specific period or purpose.
Application of Rules to non-member participants
4. Except where clearly inappropriate, these Rules apply to a Cabinet member, a Deputy Minister, a local government representative or an official in the national or a provincial executive participating in the proceedings of the Council in terms of section 66 or 67 of the Constitution, as they apply to a member of the Council.
Public participation
5. (1) Members of the public may participate in the proceedings of the Council by -
(a) attending sittings of the Council or meetings of Council committees;
(b) submitting petitions to the Council on any matter within the Council’s competence;
(c) responding to public or specific invitations–
(i) to comment in writing on Bills or other matters before, or which are due to come before, the Council;
(ii) to make representations or recommendations in writing on such Bills or other matters; or
(iii) to give evidence or to make representations or recommendations before Council committees on such Bills or other matters, either in person or through a representative.
(2) Public participation in terms of subrule (1) is subject to, and must be exercised in accordance with, the applicable provisions of these Rules.
(3) The public has access to all official notices to members and to all documents tabled in the Council, subject to reasonable measures taken by the Chairperson of the Council to regulate such access, in a manner consistent with national laws.
CHAPTER 2
PRESIDING AND OTHER OFFICERS
Election of Chairperson and Deputy Chairpersons
6. Whenever it is necessary to elect a Chairperson or a Deputy Chairperson of the Council, the Secretary must inform the Council of that fact, and the Council must summarily, or at a time announced by the Secretary, proceed to elect a Chairperson or Deputy Chairperson in accordance with section 64 and Part A of Schedule 3 of the Constitution.
Functions of Chairperson
7. The Chairperson of the Council must exercise the powers and perform the functions of the office of Chairperson after consulting the Deputy Chairpersons, other presiding officers, the delegation heads, the whips and any relevant committee wherever these Rules or the proper functioning of the Council requires such consultation.
Assignment of functions to Deputy Chairpersons, committees and members
8. The Chairperson of the Council may authorise a Deputy Chairperson, or a committee or member to exercise a power or perform a function vested in terms of these Rules in the Chairperson.
Election of other presiding officers
9. (1) The Council may elect from among its members a House Chairperson Committees and House Chairperson Oversight and Institutional Support to assist the Chairperson and Deputy Chairpersons of the Council as additional presiding officers.
(2) A member elected under this rule holds office until that person's term as a permanent member or period of designation as a special member expires.
Acting Chairperson
10. (1) Whenever the Chairperson of the Council is absent or unable to perform the functions of Chairperson, or during a vacancy in the office of Chairperson, an office-bearer in the order below acts as Chairperson:
(a) The permanent Deputy Chairperson.
(b) The rotating Deputy Chairperson.
(2) An acting chairperson has the responsibilities, powers and functions of the Chairperson.
(3) For the purpose of subsection (2) a reference in these Rules to the
Chairperson of the Council must be read as a reference also to the permanent Deputy Chairperson of the Council if –
(a) the Chairperson is absent or unable to perform the functions of Chairperson;
(b) there is a vacancy in the office of Chairperson; or
(c) the Chairperson is not available to perform a function or exercise a power conferred on the Chairperson in terms of these Rules.
Relief of Chairperson
11. A Deputy Chairperson or the House Chairperson Committees or House Chairperson Oversight and Institutional Support or another member must take the Chair during a sitting of the Council whenever requested to do so by the Chairperson of the Council.
Absence of all presiding officers
12. If all the presiding officers are absent, the Council may summarily elect one of
its members to act as Chairperson of the Council for that day only, the question being
put by the Secretary.
Election of Chief Whip of the Council
13. (1) The Council must elect from among its permanent members a Chief Whip of the Council.
(2) A member elected under this rule holds office until that person’s term as a permanent member expires.
Removal of presiding and other officers from office
14. (1) The Council may, by resolution moved by the head of a provincial delegation and seconded by the heads of at least three other delegations, remove from office the Chairperson or a Deputy Chairperson of the Council or another presiding officer or the Chief Whip of the Council.
(2) A draft resolution calling for the removal from office of the Chairperson, a Deputy Chairperson or another presiding officer or the Chief Whip -
(a) may not be placed on the Order Paper unless the delegation head giving notice of the draft resolution has the support of at least three other delegation heads;
(b) may not be moved within seven working days of the day on which it appears on the Order Paper for the first time;
(c) must set out the reason for the proposed removal from office in sufficient detail to enable the officer concerned to reply; and
(d) may provide for the removal of the officer concerned with immediate effect upon adoption of the resolution or from a later date mentioned in the resolution.
(3) The officer concerned may not preside over proceedings of the Council when that officer's removal from office is considered.
(4) After the draft resolution has been moved and seconded -
(a) the proposer may explain the reason for the proposed removal in a speech not exceeding 10 minutes;
(b) the officer concerned must be given an opportunity to address the Council; and
(c) each delegation head, in a speech not exceeding three minutes, may explain the reasons for the vote of the province concerned.
The draft resolution lapses if, on being put to the vote, it is neither passed nor rejected by the votes of at least five provinces.
Functions of the House Chairperson Committees
14A. (1) The House Chairperson Committees shall perform the following functions-
ensuring the compilation of the programme by the Select Committees that are in compliance with their strategic plans;
providing reports to the Programme Committee meeting regarding legislation and committee activities;
monitor the support provided by the committee section to committees;
facilitate the drafting of committee budgets;
tracking the processing of legislation by committees;
co-ordinate the strategic and business plans and programme of Select Committees’ activities;
convene and chair the Forum of Chairpersons of Committees and caucus chairpersons quarterly to exchange information, perspectives and discuss where necessary, issues relating to support to members or members’ interest;
convenes and chairs the Chairperson of Committees meetings to deal with the business of Select Committees, in particular the processing of legislation; and
perform any function that the Chairperson of the Council may from time to time assign to the House Chairperson Committees;
Consider and approve committees request for travel for purposes of oversight.
Functions of the House Chairperson Oversight and Institutional Support
14B. (1) The House Chairperson Oversight and Institutional Support shall perform the following functions-
co-ordinate the oversight activities of Select Committees;
ensure the compilation of the committee reports on oversight activities;
ensure that all committees are briefed on the Budget Votes by government departments and table progress reports on such briefings to the Programme Committee meeting;
monitor compliance by the Executive with respect to recommendations set out in reports of Select Committees through the Office of the Chairperson of the National Council of Provinces;
to facilitate the implementation of the recommendations of the oversight subcommittee;
to attend to queries regarding Members Interest and ensuring that policies are implemented including-
working with the Deputy Chairperson to review the document on Benefits for Members;
continuously monitor and report on the implementation of the policy;
monitor and report on the needs of members with disabilities; and
monitor and report on the implementation of policy in relation to former MP’s facilities.
to monitor support for members and advise the Chairperson of the Council on the support needs of members;
to monitor and report on policies on leave for members, artwork management, exhibitions and the library; and
perform any function that the Chairperson of the Council may from time to time assign to the House Chairperson Oversight and Institutional Support.
CHAPTER 3
COUNCIL MEMBERS
Proof of appointment or designation
15. (1) When a provincial legislature appoints a person as a permanent member or designates a person as a special member of the Council, the appointment or designation must be substantiated by an official communication to the Secretary from or on behalf of the legislature.
(2) When the Premier of a province designates a member of a delegation to head the delegation on the Premier's behalf, the designation must be substantiated by an official communication to the Secretary from or on behalf of the Premier.
(3) A communication in terms of subrule (1) or (2) must be in writing, which may include electronically transmitted print, and must indicate -
(a) the date from which the appointment as a permanent member takes effect;
(b) the period or purpose for which the designation as a special member is
made; or
(c) the period for or the circumstances in which the delegation member is designated to head the delegation on the Premier's behalf.
Oath or solemn affirmation
16. (1) Before permanent members begin to perform their functions in the Council they must swear or affirm faithfulness to the Republic and obedience to the Constitution as prescribed by section 62 (6) of the Constitution.
(2) The oath or solemn affirmation of members must be in accordance with item 4 of Schedule 2 of the Constitution and must be made-
(a) before the Chief Justice or a judge designated by the Chief Justice; unless
it is a person filling a vacancy in a delegation; or
a person appointed in terms of section 61 (2)(b) of the Constitution as amended, before any presiding officer of the Council.
Absence of permanent members
17. (1) A person ceases to be a permanent member of the Council if that person is voluntarily and without leave absent from the Council on each of 15 consecutive sitting of the Council and committees of the Council.
(2) A permanent member seeking leave to be absent from the Council for a period covering 15 or more consecutive sitting of the Council and committees of the Council, must apply for such leave to the Council.
CHAPTER 4
SITTINGS OF THE COUNCIL
Conduct of business and proceedings
18. The Council must conduct its business and proceedings in accordance with the
Constitution, these Rules, the Joint Rules, resolutions of the Council and parliamentary practice in-
(a) plenary sittings; and
(b) committees and subcommittees.
Sitting days
19. (1) The Council sits only on a working day.
(2) Subrule (1) does not apply to a sitting of the Council called by the President in terms of section 42 (5) or 203 (2) of the Constitution.
Sitting times
20. The sitting time of the Council is 10h00 or any other time as the Chairperson of the Council may determine, until the Council is adjourned for the day.
Venue
21. (1) The Council sits at the seat of Parliament.
(2) The Council may sit at a place other than the seat of Parliament on the
grounds of public interest, security or convenience, provided the Council, by resolution -
(a) identifies the public interest, security or convenience that is the reason for the change of venue;
(b) approves the change of venue to a specified place and for a specified period; and
(c) specifies the estimated costs of effecting the change of venue and maintaining it for the specified period.
Order Paper
22. The business of the Council to be attended to at a sitting of the Council must be set out on an Order Paper arranged by the Chief Whip of the Council.
Minutes of Proceedings
23. The proceedings in the Council must be minuted by the Secretary and formally recorded in the Minutes of Proceedings.
Opportunity for prayer or meditation
24. At the start of the proceedings of the Council the officer presiding must afford members an opportunity for silent prayer or meditation.
Interruption, suspension or adjournment of proceedings
25. (1) The officer presiding at a sitting of the Council may interrupt or suspend the proceedings or may adjourn the Council to another day.
(2) During an adjournment the Chairperson of the Council may change the date for the resumption of business.
Admission of the public
26. (1) Sittings of the Council are open to the public, including the media, subject to section 72 of the Constitution.
(2) The Chairperson of the Council must –
(a) set aside places for the public in the Chamber where the Council sits; and
(b) determine the entrances and routes through which the public can obtain access to these places
(3) The Chairperson of the Council may take reasonable measures -
(a) to regulate public access, including access of the media, to the Council;
(b) to prevent and control misconduct in the public gallery; 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.
Orders to leave sittings
27. The officer presiding at a sitting of the Council may order a member of the public to leave the Chamber when it is necessary to give effect to the measures taken by the Chairperson of the Council under rule 26 (3).
Removal of persons
28. When instructed by the presiding officer, the Usher must remove or arrange for the removal of a person -
(a) who, without permission, is present in that part of the Chamber designated for members only or in another place which is out of bounds for that person; or
(b) who disrupts the proceedings of the Council, causes a nuisance or does not withdraw from the Chamber when ordered to withdraw under rule 27.
Visiting Heads of State
29. The Chairperson of the Council, after consultation with the delegation heads, may invite any Head of State who is on a state visit to the Republic, to address the Council.
CHAPTER 5
ORDER IN MEETINGS AND RULES OF DEBATE
Part 1: Order in meetings
Freedom of speech
30. Members-
(a) have freedom of speech in the Council and in its committees and subcommittees, subject to these Rules; and
(b) are not liable to any civil or criminal proceedings, arrest, imprisonment or damages for -
(i) anything they have said in, produced before or submitted to the Council or any of its committees or subcommittees; or
(ii) anything revealed as a result of anything said in, produced before or submitted to the Council or any such committee or subcommittee.
Movement in Chamber
31. A member of the Council may not –
(a) pass between the Chair and a member addressing the Chair;
(b) pass between the Chair and the Table; or
(c) stand in any of the passages in the Chamber.
Members may not converse aloud
32. During a debate in the Council no member may converse aloud.
Members may not be interrupted
33. No member may interrupt another member who is addressing the Chair, except to call attention to a point of order or a question of privilege.
Order at adjournment
34. When a sitting of the Council adjourns, the members must rise and remain in their places until the presiding officer has left the Chamber.
Precedence of presiding officer
35. Whenever the officer presiding rises during a debate in the Council, a member addressing or seeking to address the Chair must sit down and allow the officer presiding to be heard without interruption.
Irrelevance or repetition
36. The officer presiding may order a member addressing the Chair to stop speaking if that member, despite warnings from the Chair, persists in irrelevant or repetitive arguments.
Member ordered to leave
37. (1) The officer presiding may order a member to leave the Chamber immediately for the remainder of the day's sitting if the officer presiding is of the opinion that -
(a) the member is deliberately contravening a provision of these Rules;
(b) the member is in contempt of or is disregarding the authority of the Chair; or
(c) the member's conduct is grossly disorderly.
(2) A member ordered to leave the Chamber may not participate in any parliamentary activities during that day.
Censure of member
38. (1) If an officer presiding is of the opinion that the behaviour of a member is of so serious a nature that an order to leave the Chamber for the remainder of the day's sitting is inadequate, the officer presiding may order the offending member to leave the precincts of Parliament until the Chairperson of the Council has announced what action is to be taken against the member.
(2) If the Chairperson did not preside at the sitting the officer presiding
must report the matter immediately to the Chairperson.
(3) The Chairperson -
(a) must report the offending member to the provincial legislature concerned; and
(b) may suspend the offending member if that member is a permanent member.
(4) Any action taken by the Chairperson against an offending member must be announced in the Council.
Period of suspension
39. (1) The suspension of a permanent member on the first occasion during an annual session continues for five working days, on the second occasion for 10 working days, and on any subsequent occasion for 20 working days.
(2) During a suspension the permanent member concerned may not enter the precincts of Parliament.
Apologies
40. (1) A permanent member who has been suspended or whose suspension is being considered may submit a written apology to the Chairperson of the Council.
(2) The Chairperson may accept or reject the apology, and if accepted -
(a) may revoke the suspension where the member has been suspended, or authorise the member to return to the precincts of Parliament where suspension was under consideration; and
(b) must inform the Council accordingly.
(3) An apology accepted by the Chairperson must be recorded in the Minutes of Proceedings.
Grave disorder
41. In the event of grave disorder at a sitting of the Council, the officer presiding may suspend the proceedings or adjourn the sitting.
Debating of charges against member
42. If a charge is made against a member, that member must be given the opportunity to be heard.
Note: Rule 42 to be revisited when Committee inquiring into powers and privileges submits its report.
Part 2: Rules of debate
Members to address Chair
43. A member must address the Chair when speaking and, if possible, must stand while doing so.
Calling of members
44. (1) A member may speak in a debate in the Council only when called by the officer presiding.
(2) The officer presiding must call members in accordance with –
(a) a list of scheduled speakers for the debate; and
(b) the times allocated for speeches by members representing different provinces or parties.
(3) The list of scheduled speakers must be prepared by the delegation whips or, if the debate concerns a matter to be decided in terms of section 75 of the Constitution, the party whips.
Time limits for speeches
45. (1) Except where these Rules provide otherwise, members may not speak in a debate in the Council longer than the time allocated to them in the list of scheduled speakers.
(2) If or in so far as times have not been allocated -
(a) the President, the Deputy President, and the Council member in charge of the business before the Council, may speak for as long as they need; and
(b) other members may not speak on a budget vote for longer than 10 minutes at a time, or on any other business before the Council for longer than 30 minutes at a time.
Offensive and unbecoming language
46. No member may –
(a) use offensive or unbecoming language in the Council; or
(b) deliberately make a statement in the Council which the member knows is false.
Reference to a member by name
46A. No member shall refer to any member by his or her first name or names only.
Reflection upon previous Council decisions and on judges, etc
47. (1) No member, while addressing the Council, may reflect upon any decision of the Council taken in the same annual session, except for the purpose of moving that such decision be amended or rescinded.
(2) No member, while addressing the Council, may reflect upon the honour of a judge, or of the holder of an office whose removal from office is dependent upon a decision of the Council, except upon a substantive motion in the Council alleging facts which, if true, would in the opinion of the Chairperson of the Council warrant the removal of the judge or the holder of that office.
Matters pending before the courts
48. No member, while addressing the Council, may reflect on the merits of any matter on which a judicial decision is pending.
Rule of anticipation
49. (1) No member, while addressing the Council, may anticipate the discussion of a matter appearing on the Order Paper.
(2) In determining whether an address to the Council is out of order on the ground of anticipation, the officer presiding must consider whether it is probable that the matter anticipated will be discussed in the Council within a reasonable time.
Explanations
50. (1) (a) During a debate in the Council a member may be allowed to explain a previous speech but only when and to the extent that the speech has been misquoted or misunderstood in a material respect.
(b) The member giving the explanation may not introduce any new
matter.
(c) No debate on the explanation may be allowed.
(2) (a) A member may, with the prior consent of the officer presiding,
explain a matter of a personal nature to the Council.
(b) The member may not speak for longer than three minutes and
is strictly confined to vindicating own conduct.
(c) No debate on the explanation may be allowed.
Points or order
51. When a point of order is raised, the member addressing the Chair must stop speaking and sit down, and after the point of order has been stated the officer presiding may summarily give or reserve the Chair's ruling or decision.
Acting for absent member
52. If the member in charge of a motion or an order of the day is absent from the Council, another member authorised by the absent member may take charge of the motion or order.
Rights of member to speak
53. A member may speak in the Council -
(a) when called by the officer presiding; or
(b) to a point of order.
When reply allowed
54. A reply must be allowed to the member -
(a) who introduced a subject for discussion; or
(b) who is in charge of the order of the day under discussion.
Debate closed
55. A reply to a debate closes a debate in the Council unless the officer presiding allows further discussion.