The job of drafting new laws is most often done by government departments. The government may decide they need new laws to achieve their objectives or to carry out policies that have been drawn up. A draft bill is a draft law that has not been passed by parliament. ‘Passed’ means approved. An act is a law that has been passed by parliament.

This is a summary of the basic steps for making or passing a new law:

1. A draft bill is drawn up. A bill can be introduced in the national assembly by a cabinet minister or deputy minister, a parliamentary committee, or a member of the national assembly. If the bill comes from a department, the minister will first take it to cabinet for discussion to make sure it does not clash with any other laws or policies. Once cabinet approves it, it is tabled in the national assembly. The draft bill can be made open to the public for comment. Once the public has made comment the department will make any changes that they think are necessary.
2. The minister tables the bill in parliament. The bill is given a number, for example, Bill 25 of 2011.
3. Parliament looks at the contents of the bill and sends it to a parliamentary portfolio committee for consideration.
4. The parliamentary committee debates the bill. The parliamentary committee may ask the public for comment on the bill. They will then usually hold hearings for anyone to attend where they debate the bill. Once they have made any changes they must send their report back to parliament.
5. Parliament votes on the bill. At least half the members of the national assembly must vote in favour of the bill for it to be approved. If there is no majority, the bill is rejected.
6. If the national assembly has approved the bill it gets sent to the National Council of Provinces (NCOP). The NCOP considers the bill. It can approve, suggest changes or reject the bill. If it approves the bill, it refers it back to the national assembly to be passed.

If the bill is about something that only the national assembly can make law on (a Section 75 bill): The NCOP can approve the bill or suggest changes but the national assembly decides what the bill finally says. Each member of the NCOP has one vote, and a simple majority of members is needed to approve the bill. (A simple majority means half the votes plus at least one vote must be in favour of the bill.) Examples of Section 75 bills are defence and international relations bills.

If the matter is one that provinces can make law on (a Section 76 bill): The NCOP can approve, suggest changes or reject the bill. To approve the bill, each province has one vote and at least five of the nine provinces must vote in favour of it. If the NCOP suggests changes or rejects the bill and the national assembly doesn’t agree, the NCOP can refer the bill to a mediation committee to resolve any differences. Examples of Section 76 bills are bills on environmental affairs, cultural issues, etc.

• The mediation committee consists of 9 members of the NCOP and 9 members of the national assembly.
• If the mediation committee resolves the differences, it refers the bill to the national assembly to be passed.
• If the national assembly and NCOP still can’t agree, then the national assembly has to have a special vote to make the bill law. It will only become an act if it gets a two-thirds (66%) majority in the national assembly.

7. The NCOP may advertise public hearings on bills where they ask for public comment. People can also send their written submissions to the NCOP.
8. The national assembly passes the bill.
9. The president signs the bill and it gets published in the Government Gazette. When this has happened, the bill becomes law and it is called an Act.