Parliament makes laws for the country. It is also called the national legislature. Laws made by Parliament may not conflict with the Constitution. Parliament has two houses: the National Assembly and the National Council of Provinces.

THE NATIONAL ASSEMBLY

The National Assembly consists of between 350 and 400 members of parliament. The people of South Africa vote in general elections for people to represent them in the National Assembly. Only people who are 18 years or older can vote in an election. General elections are held every 5 years.

Members of the National Assembly are elected according to the system of proportional representation. This means people vote for the party and not for a person. (See Proportional representation)

WHO CAN BE A MEMBER OF THE NATIONAL ASSEMBLY?

To be a member of the National Assembly, a person must be a South African citizen who is registered to vote.

Permanent delegates to the National Council of Provinces or members of a provincial legislature or municipal council cannot be members of the National Assembly.

HOW DOES THE NATIONAL ASSEMBLY MAKE DECISIONS?

The National Assembly makes decisions by voting. If the decision is about a new law (a bill), more than half of the members of the National Assembly must be present before there can be a vote. If the decision is about anything else, at least one-third of all the members must be present. The president is not allowed to vote in the National Assembly.

THE NATIONAL COUNCIL OF PROVINCES (NCOP)

The NCOP represents provincial and local government interests in parliament and in the executive. It works with the national assembly to make and pass new laws and to change old laws. The NCOP has 90 members. Each province sends 10 delegates. The 10 delegates are made up of 4 special delegates, including the premier of the province, and 6 permanent delegates. The NCOP elects a chairperson and two deputies.

MAKING LAWS

The National Assembly can pass laws on any matter, including matters in the functional areas listed in Schedule 4 of the Constitution. However, 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.