Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/38

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 4—Parliament

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(9)

A Bill amending the Constitution that has been passed by the National Assembly and, where applicable, by the National Council of Provinces, must be referred to the President for assent.

Ordinary Bills not affecting provinces

75.

(1)

When the National Assembly passes a Bill other than a Bill to which the procedure set out in section 74 or 76 applies, the Bill must be referred to the National Council of Provinces and dealt with in accordance with the following procedure:

(a)

The Council must —

(i)

pass the Bill;

(ii)

pass the Bill subject to amendments proposed by it; or

(iii)

reject the Bill.

(b)

If the Council passes the Bill without proposing amendments, the Bill must be submitted to the President for assent.

(c)

If the Council rejects the Bill or passes it subject to amendments, the Assembly must reconsider the Bill, taking into account any amendment proposed by the Council, and may —

(i)

pass the Bill again, either with or without amendments; or

(ii)

decide not to proceed with the Bill.

(d)

A Bill passed by the Assembly in terms of paragraph (c) must be submitted to the President for assent.

(2)

When the National Council of Provinces votes on a question in terms of this section, section 65 does not apply; instead —

(a)

each delegate in a provincial delegation has one vote;

(b)

at least one third of the delegates must be present before a vote may be taken on the question; and

(c)

the question is decided by a majority of the votes cast, but if there is an equal number of votes on each side of the question, the delegate presiding must cast a deciding vote.

Ordinary Bills affecting provinces

76.

(1)

When the National Assembly passes a Bill referred to in subsection (3), (4) or (5), the Bill must be referred to the National Council of Provinces and dealt with in accordance with the following procedure:

(a)

The Council must —

(i)

pass the Bill;

(ii)

pass an amended Bill; or

(iii)

reject the Bill.

(b)

If the Council passes the Bill without amendment, the Bill must be submitted to the President for assent.

(c)

If the Council passes an amended Bill, the amended Bill must be referred to the Assembly, and if the Assembly passes the amended Bill, it must be submitted to the President for assent.