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Making Laws in South Africa

The national assembly can pass laws on any matter, including matters in the functional areas listed in Schedule 4 of the Constitution. But it cannot pass laws on matters in the functional areas listed in Schedule 5 of the Constitution, unless it becomes necessary for reasons such as maintaining national security. A bill can be introduced to parliament by a cabinet member or deputy minister, a parliamentary committee, or a member of the national assembly. The national council of provinces (NCOP) can introduce a bill if it is about something that falls under the powers of the provinces.

(See: Schedules 4 and 5) (See: Making New Laws)

What Happens if a Bill Is, or Might Be, Unconstitutional?
  • Members of the national assembly can apply to the Constitutional Court for an order to declare that all or part of an act of parliament is unconstitutional. At least one third of the members of the national assembly must support this application. The application must be made within 30 days of the date on which the president signed the act.
  • If the president thinks a bill goes against the Constitution, the president can refuse to sign it and send it back to parliament for them to look at again.
  • If parliament makes the changes suggested by the president, the president must sign the bill.
  • If parliament does not make these changes, the president can either sign the bill or send it to the Constitutional Court for the Court to say whether or not the law goes against the Constitution.
  • If the Constitutional Court is satisfied with the bill, the president must sign it.
  • If the Constitutional Court is not satisfied with the bill, it will be sent back to parliament. Parliament can either change the bill or let it fall away.
  • If the Constitutional Court is satisfied with the bill, the president must sign it.
  • If the Constitutional Court is not satisfied with the bill, it will be sent back to parliament. Parliament can either change the bill or let it fall away.

SCHEDULE 4: CONCURRENT FUNCTIONAL AREAS OF NATIONAL AND PROVINCIAL LEGISLATURES

PART A

  • Administration of indigenous forests
  • Agriculture
  • Airports (not international or national)
  • Animal control and diseases
  • Casinos, racing, gambling and
    wagering, excluding lotteries
    and sports pools
  • Consumer protection
  • Cultural matters
  • Disaster management
  • Education at all levels,
    excluding tertiary education
  • Environment
  • Health services
  • Housing
  • Indigenous law and customary law
  • Industrial promotion
  • Language policy and the regulation
    of official languages
  • Media services
  • Nature conservation, excluding
    national parks
  • Police
  • Pollution control
  • Population development
  • Public transport
  • Public works only in respect of
    the needs of provincial government
  • Regional planning and development
  • Road traffic regulation
  • Soil conservation
  • Tourism
  • Trade
  • Traditional leadership
  • Urban and rural development
  • Vehicle licensing
  • Welfare services

PART B

The following are local government functions.
The national government and the provincial governments have the legislative and executive authority to see that municipalities perform these functions.

  • Air pollution
  • Building regulations
  • Child care facilities
  • Electricity
  • Ferries, jetties, piers and harbours
  • Firefighting services
  • Local tourism
  • Municipal airports
  • Municipal planning
  • Municipal public transport
  • Municipal public works
  • Stormwater management systems
    in built-up areas
  • Trading regulations
  • Water and sanitation services
    (domestic water use and sewage
    disposal systems)

FUNCTIONAL AREAS THAT BELONG ONLY TO THE PROVINCES

SCHEDULE 5: FUNCTIONAL AREAS OF PROVINCIAL LEGISLATURES

PART A

  • Abattoirs
  • Ambulance services
  • Archives that belong to
    the provinces
  • Libraries (but not national libraries)
  • Liquor licences
  • Museums (but not national museums)
  • Provincial planning
  • Provincial cultural matters
  • Provincial recreation and amenities
  • Provincial sport
  • Provincial road and traffic
  • Vets

PART B

The following are local government functions.
The provincial governments have the legislative and executive authority to see that municipalities perform these functions.

  • Beaches and amusement facilities
  • Billboards and display of
    advertisements in public places
  • Cemeteries, funeral parlours
    and crematoria
  • Cleansing
  • Control of public nuisances
  • Control of businesses that sell liquor
    to the public
  • Facilities to accommodate and bury
    animals
  • Fences
  • Licensing of dogs
  • Licensing and control of businesses
  • that sell food to the public
  • Local amenities
  • Local sport facilities
  • Markets
  • Municipal abattoirs
  • Municipal parks and recreation
  • Municipal roads
  • Noise pollution
  • Pounds
  • Public places
  • Refuse removal and refuse dumps
  • Street trading
  • Street lighting
  • Traffic and parking