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.