Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/54

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 6—Provinces

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(c)

financial and administrative assistance to each party represented in the legislature, in proportion to its representation, to enable the party and its leader to perform their functions in the legislature effectively; and

(d)

the recognition of the leader of the largest opposition party in the legislature, as the Leader of the Opposition.

Privilege

117.

(1)

Members of a provincial legislature and the province’s permanent delegates to the National Council of Provinces —

(a)

have freedom of speech in the legislature and in its committees, subject to its rules and orders; and

(b)

are not liable to civil or criminal proceedings, arrest, imprisonment or damages for —

(i)

anything that they have said in, produced before or submitted to the legislature or any of its committees; or

(ii)

anything revealed as a result of anything that they have said in, produced before or submitted to the legislature or any of its committees.

(2)

Other privileges and immunities of a provincial legislature and its members may be prescribed by national legislation.

(3)

Salaries, allowances and benefits payable to members of a provincial legislature are a direct charge against the Provincial Revenue Fund.

Public access to and involvement in provincial legislatures

118.

(1)

A provincial legislature must —

(a)

facilitate public involvement in the legislative and other processes of the legislature and its committees; and

(b)

conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken —

(i)

to regulate public access, including access of the media, to the legislature and its committees; and

(ii)

to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.

(2)

A provincial legislature may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

Introduction of Bills

119.

Only members of the Executive Council of a province or a committee or member of a provincial legislature may introduce a Bill in the legislature; but only the member of the Executive Council who is responsible for financial matters in the province may introduce a money Bill in the legislature.