Con law 20-02
Provincial Legislatures and the National Council of Provinces
There is interaction between the National Council of Provinces (NCOP) and provincial legislatures.
Main role: To represent provincial interests at the national level of government.
NCOP Composition:
MNOP has 90 members total.
Each province contributes 10 members, regardless of its population size.
Example: High population provinces (like Gauteng) and lower population provinces (like Northern states) both have 10 delegates each.
Delegates
Each province sends a total of 10 members to the NCOP.
Breakdown of delegates:
4 Special Delegates: Include the Premier, a representative of the Premier, and three other members.
Composition can change based on specific issues being discussed (e.g., an expert in financial regulation can be sent for relevant legislative discussions).
6 Permanent Delegates: Their composition remains consistent, representing provincial interests consistently.
Parliament's Operation and Transparency
General Rules for Parliament:
Both the National Assembly and NCOP must conduct business openly and transparently.
Participating in democracy goes beyond voting; citizens must be informed about legislative activities.
Voters should be able to assess the performance of the political party they supported during elections.
Access to parliamentary sessions is available both in-person and online, ensuring public engagement in legislative processes.
Powers and Privileges of Members of Parliament
Members' Rights:
Protected under Section 58 of the Constitution, providing legal privileges relevant to parliamentary proceedings.
Freedom of Speech: Members can express their views without fear of civil or criminal liability for statements made during sessions.
Example of Parliamentary Privilege:
Case of Patricia De Lille, who accused ANC members of misconduct and faced sanctions from her party yet retained her privilege of speech in Parliament.
Limitations to Freedom of Speech:
Members cannot disrupt parliamentary proceedings unreasonably; decorum must be maintained.
Example: Shouting or disruptive behavior is not acceptable, despite freedom of speech.