Mandating Procedures of Provinces Act 52 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 524 Cape Town 19 February 2009 No. 31923
THE PRESIDENCY No. 178 19 February 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 52 of 2008: Mandating Procedures of Provinces Act, 2008

2 No. 31923
Act No. 52, 2008
GOVERNMENT GAZETTE, 19 FEBRUARY 2009
MANDATING PROCEDURES OF PROVINCES ACT, 2008
(English text signed by the President.) (Assented to 18 February 2009.)
ACT To provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf, as required by section 65(2) of the Constitution; and to provide for matters incidental thereto.
PREAMBLE
WHEREAS Parliament and the provincial legislatures of the Republic of South Africa recognise the need for uniformity amongst the provinces in respect of the procedure for the conferring of authority by a provincial legislature on its delegation to the National Council of Provinces to cast a vote on behalf of that legislature;
AND RECOGNISING the need to enact the legislation envisaged by section 65(2) of the Constitution,
jgE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—
CONTENTS OF ACT
CHAPTER 1
DEFINITIONS AND APPLICATION
1. Definitions 2. Application
CHAPTER 2
REQUIREMENTS IN RESPECT OF FINAL MANDATES AND VOTING ON BEHALF OF PROVINCIAL LEGISLATURE 10
3. Requirements in respect of final mandates
4. Voting on behalf of provincial legislature
CHAPTER 3
PROCEDURES IN RESPECT OF MANDATES
5 Negotiating mandates 15 6. Final mandates 7. Legislative mandates requiring both negotiating and final mandates 8. Voting mandates
4 No. 31923 GOVERNMENT GAZETTE, 19 FEBRUARY 2009
Act No. 52, 2008 MANDATING PROCEDURES OF PROVINCES ACT, 2008
CHAPTER 4
GENERAL
9. Short title and commencement
SCHEDULE 1
FORMAT FOR NEGOTIATING MANDATE 5
SCHEDULE 2
FORMAT FOR FINAL MANDATE
CHAPTER 1
DEFINITIONS AND APPLICATION
Definitions 10
1. In this Act, unless the context otherwise indicates— "Constitution" means the Constitution of the Republic of South Africa, 1996; "final mandate" means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP to cast a vote when the relevant NCOP select committee considers a Bill or prior to voting thereon in an NCOP Plenary; 15 "head of the delegation" means a person referred to in section 60(3) of the Constitution; "legislative mandate" means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP to cast a vote on a question contemplated in— 20 (a) section 64 of the Constitution; (b) section 74 of the Constitution; (c) section 76 of the Constitution; or (d) section 78 of the Constitution; "mandate" means the conferral of authority by a provincial legislature on its 25 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 NCOP; 30 "NCOP select committee" means a select committee established in terms of Rule 151 (1) of the Rules of the NCOP; "negotiating mandate" means the conferral of authority by a committee designated by a provincial legislature on its provincial delegation to the NCOP of parameters for negotiation when the relevant NCOP select committee considers a 35 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 40 104 of the Constitution; "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 an NCOP plenary.
Application 45
2. This Act applies to all provincial legislatures and the NCOP.
No. 31923 GOVERNMENT GAZETTE, 19 FEBRUARY 2009
Act No. 52, 2008 MANDATING PROCEDURES OF PROVINCES ACT, 2008
CHAPTER 2
REQUIREMENTS IN RESPECT OF FINAL MANDATES AND VOTING ON BEHALF OF PROVINCIAL LEGISLATURE
Requirements in respect of final mandates
3. Every final mandate required in terms of this Act must be on the letterhead of the 5 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 10
to preside over 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 Schedule 2.
Voting on behalf of provincial legislature 15
4. A Premier of a province, or a delegate of a provincial delegation to the NCOP designated by the Premier, must cast a vote on behalf of a provincial legislature.
CHAPTER 3
PROCEDURES IN RESPECT OF MANDATES
Negotiating mandates 20
5. A committee designated by a provincial legislature must in accordance with the format prescribed in Schedule 1 confer 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. 25
Final mandates
6. A provincial legislature must confer 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 an NCOP plenary.
Legislative mandates requiring both negotiating and final mandates 30
7. Legislative (negotiating and final) mandates are required in respect of a Bill referred to—
(a) in section 74(\)(b), (2)(b), (3)(b) and (8) of the Constitution; and (b) in section 76 of the Constitution.
Voting mandates 35
8. (1) A provincial legislature must confer the authority on the head of the provincial delegation to the NCOP, or a delegate designated by the head of the delegation, to cast a vote in an NCOP plenary.
(2) If no matter arises from the deliberations of the NCOP select committee when considering final mandates which may necessitate consideration by a provincial 40 legislature, the provincial delegation to the NCOP must table its province's final mandate in the NCOP plenary as that province's voting mandate.
8 No. 31923 GOVERNMENT GAZETTE, 19 FEBRUARY 2009
Act No. 52, 2008 MANDATING PROCEDURES OF PROVINCES ACT, 2008
CHAPTER 4
GENERAL
Short title and commencement
9. This Act is called the Mandating Procedures of Provinces Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette. 5
10 No. 31923 GOVERNMENT GAZETTE, 19 FEBRUARY 2009
Act No. 52, 2008 MANDATING PROCEDURES OF PROVINCES ACT, 2008
SCHEDULE 1
FORMAT FOR NEGOTIATING MANDATE
[Section 5]
OFFICIAL LETTERHEAD OF THE PROVINCIAL LEGISLATURE
To: [The Chairperson of the Select Committee]
Name of Bill:
Number of Bill:
Date of deliberation:
Vote of legislature: [Indicate whether the committee designated by the provincial legislature votes in favour, against or abstains from voting on the Bill, and amendments , if any]
Signature Date
[Signature of the chairperson of the committee designated by the provincial legislature]
12 No. 31923 GOVERNMENT GAZETTE, 19 FEBRUARY 2009
Act No. 52, 2008 MANDATING PROCEDURES OF PROVINCES ACT, 2008
SCHEDULE 2
FORMAT FOR FINAL MANDATE
[Section 3]
OFFICIAL LETTERHEAD OF THE PROVINCIAL LEGISLATURE
To: [The Chairperson of the N C O P or a person designated by the Chairperson of the NCOP]
Name of Bill:
Number of Bill:
Date of deliberation:
Vote of legislature: [Indicate whether the provincial legislature votes in favour, against or abstains from voting on the Bill]
Signature Date
[Signature of Speaker or person designated by Speaker to preside in House on Bill]