Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/26

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 4—Parliament

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matter within a functional area listed in Schedule 4, but excluding, subject to subsection (2), a matter within a functional area listed in Schedule 5; and

(iii)

to assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another sphere of government; and

(b)

confers on the National Council of Provinces the power —

(i)

to participate in amending the Constitution in accordance with section 74;

(ii)

to pass, in accordance with section 76, legislation with regard to any matter within a functional area listed in Schedule 4 and any other matter required by the Constitution to be passed in accordance with section 76; and

(iii)

to consider, in accordance with section 75, any other legislation passed by the National Assembly.

(2)

Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in Schedule 5, when it is necessary —

(a)

to maintain national security;

(b)

to maintain economic unity;

(c)

to maintain essential national standards;

(d)

to establish minimum standards required for the rendering of services; or

(e)

to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.

(3)

Legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4 is, for all purposes, legislation with regard to a matter listed in Schedule 4.

(4)

When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution.

Joint rules and orders and joint committees

45.

(1)

The National Assembly and the National Council of Provinces must establish a joint rules committee to make rules and orders concerning the joint business of the Assembly and Council, including rules and orders —

(a)

to determine procedures to facilitate the legislative process, including setting a time limit for completing any step in the process;

(b)

to establish joint committees composed of representatives from both the Assembly and the Council to consider and report on Bills envisaged in sections 74 and 76 that are referred to such a committee;