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Chapter 3
Related Sections
1
INTRODUCTION
2
DEMOCRACY
3
The principles of democracy
4
Electoral system and electing a government
5
Local government electoral system
6
PUBLIC PARTICIPATION
7
How can you participate and influence decision-making?
8
Voting in elections
9
Lobbying (campaigning, petitioning)
10
STRUCTURES OF NATIONAL GOVERNMENT AND PUBLIC PARTICIPATION IN THESE STRUCTURES
11
Structures of national government
12
Public participation in the process of making laws and policies at national level
13
STRUCTURES OF PROVINCIAL GOVERNMENT AND PUBLIC PARTICIPATION IN THESE STRUCTURES
14
Structures of provincial government
15
Public participation in the process of making provincial laws and policies
16
STRUCTURES OF LOCAL GOVERNMENT AND PUBLIC PARTICIPATION IN THESE STRUCTURES
17
Structures of municipal councils
18
Ways of participating in local government
19
Mechanisms, procedures and processes for community participation in local government
20
INTER-GOVERNMENTAL RELATIONS AND COOPERATIVE GOVERNANCE
21
Cooperative governance
22
Inter-governmental relations
23
TRADITIONAL LEADERSHIP. GOVERNMENT AND PUBLIC PARTICIPATION
24
The Traditional Khoi-San Leadership Act (No 3 of 2019) (TKLA) 
25
Recognising traditional communities
26
Establishing and recognising traditional councils
27
Functions of traditional councils
28
Partnerships between municipalities and traditional councils
29
Withdrawal of recognition of traditional communities
30
Leadership and removal of traditional leaders
31
Houses of Traditional Leaders
32
Resolving disputes in indigenous and customary law
33
The Commission on Traditional Leadership Disputes and Claims
34
PROBLEMS
35
Problem 1: Lobbying local government
36
CHECKLISTS
37
Checklist: Lobbying
38
Checklist: Making a written or verbal submission

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