Chapter 3
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Public participation in the process of making provincial laws and policies

MAKING NEW POLICY

The process of making policy follows the same format in the provincial legislature as in the national legislature. (See Public participation in the process of making laws and policies at national level)

MAKING NEW LAWS

The process of making laws follows the same basic format as in the national legislature. However, there are a few important differences. These are the basic steps for passing a law in the provincial legislature:

  1. A draft bill is drawn up, either by an MEC an MPL or a standing committee. The bill is published in the Provincial Gazette and notices which bring the bill to the attention of the public are placed in various newspapers. The public has at least 14 days to comment on the bill. Once the public has made its comment the department will make any changes that they think are necessary.
  2. The Speaker introduces the bill in the provincial legislature. It will be sent to the appropriate legislature committee.
  3. The legislature committee debates the bill. The legislature committee may ask the public for additional comments on the bill. They will then usually hold public hearings (for anyone to attend) where they debate the bill, call in experts to comment on the bill and make any changes. Once they have made any changes they must send their report back to the legislature.
  4. The legislature debates the bill and votes on it. If there is a majority of votes in favour of the bill, it is passed. If there is no majority, the bill is rejected.
  5. The bill becomes an Act. If the legislature passes the bill it then goes to the Premier to sign. It then becomes an Act.
  6. The Act is published in the provincial Government Gazette.

HOW CAN YOU PARTICIPATE IN THE LAW AND POLICY-MAKING PROCESSES OF PROVINCIAL GOVERNMENT?

You or your organisation can participate in the policy- and law-making processes by:

  • Attending provincial legislature committee meetings where policy and new laws are being discussed
  • Making a written submission to a committee or to the legislature
  • Attending public hearings during the early stage of writing a bill, and/or
  • Sending a petition and a letter or a document which is signed by many people.

(See Duties of government to facilitate public participation during the law-making process