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When Can You Participate During the Law-Making Process?

There are critical key moments in the law-making process when it is best to lobby. These are linked to:

  • the stage in the process of developing law
  • knowing the institution and person involved (who has the power to make changes)
Law-Making StageInstitution/Role-PlayersOpportunity for Input
1. Bill Tabled in Parliament• National Assembly
• Minister
• Party Whips
2. Bill Referred to Parliamentary Committee
Which Holds Public Hearings
• Parliamentary Committee
• Department
• Written Submissions
• Oral Representations
• Informal Lobbying
• Media Pressure
3. Committee Debates Bill and Refers It
Back to Parliament
• Parliamentary Committee• Written Comment
• Informal Lobbying
• Oral Representations
• Media Pressure
• Lobbying Related Structures
4. Debate and Vote on Bill• Parliament and NCOP• Written Comment
• Public Hearings (NCOP)
• Media Pressure
5. Bill Sent to President’s Office for Signature• President’s Office• Letter of Objection
• Media
Participating During the Law-Making Process

Example:

2005• Technical study team appointed to review water management policy
2006• Green Paper on water management policy for South Africa published
2007 January• Deadline for comments (on green paper)
2007 January to July• Executive (cabinet) approves broad policy principles of draft White paper
• Draft White Paper on water management policy published
2007 August• Deadline for written submissions (on White Paper)
• Parliamentary committee briefed on draft White Paper
2007 August to October• Parliamentary committee holds public hearings
2008 up to May• Draft White Paper amended and adapted
2008 up to May• Executive (cabinet) approves final draft of White Paper
2008 May• Copy of draft bill sent to various government departments
• Parliamentary committee (portfolio committee) briefed on draft bill
2008 July• Draft Water Management Bill published
• Deadline for comments on draft bill
2008 August• Changes made to bill
• Public hearings in parliament
2008 September• Parliamentary committee debates bill and refers bill to parliament
• National Assembly passes bill
2008 September to October• Bill referred to National Council of Provinces
• Passed by NCOP with amendments
2008 November• Parliamentary committee agrees to amendments
• Refers bill to National Assembly
2008 6th November• National Assembly accepts changes
• Refers bill to president’s office
2008 27th November• President signs the bill and it is published in the Government Gazette
Summary of the Policy and Legislative Process Leading up to the Passing of an Act of Parliament, The Water Management Act