Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/40

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 4—Parliament

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amended Bill, it must be submitted to the President for assent.

(d)

If the Assembly rejects the Bill, or if the Council refuses to pass an amended Bill referred to it in terms of paragraph (c), the Bill and, where applicable, also the amended Bill must be referred to the Mediation Committee, which may agree on —

(i)

the Bill as passed by the Council;

(ii)

the amended Bill as passed by the Assembly; or

(iii)

another version of the Bill.

(e)

If the Mediation Committee is unable to agree within 30 days of the Bill’s referral to it, the Bill lapses.

(f)

If the Mediation Committee agrees on the Bill as passed by the Council, the Bill must be referred to the Assembly, and if the Assembly passes the Bill, the Bill must be submitted to the President for assent.

(g)

If the Mediation Committee agrees on the amended Bill as passed by the Assembly, the Bill must be referred to the Council, and if it is passed by the Council, it must be submitted to the President for assent.

(h)

If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Council and the Assembly, and if it is passed by the Council and the Assembly, it must be submitted to the President for assent.

(i)

If a Bill referred to the Assembly in terms of paragraph (f) or (h) is not passed by the Assembly, the Bill lapses.

(3)

A Bill must be dealt with in accordance with the procedure established by either subsection (1) or subsection (2) if it falls within a functional area listed in Schedule 4 or provides for legislation envisaged in any of the following sections:

(a)

Section 65(2);

(b)

section 163;

(c)

section 182;

(d)

section 195(3) and (4);

(e)

section 196; and

(f)

section 197.

(4)

A Bill must be dealt with in accordance with the procedure established by subsection (1) if it provides for legislation —

(a)

envisaged in section 44(2) or 220(3); or

(b)

envisaged in Chapter 13, and which affects the financial interests of the provincial sphere of government.

(5)

A Bill envisaged in section 42(6) must be dealt with in accordance with the procedure established by subsection (1), except that —

(a)

when the National Assembly votes on the Bill, the provisions of section 53(1) do not apply; instead, the Bill may be passed only if a majority of the members of the Assembly vote in favour of it; and