ADOPTION AND PROMULGATION OF LEGISLATION Flashcards
WHAT IS ADOPTION OF LEGISLATION
-refers to the legal process required for draft legislation to become law
WHAT IS PROMULGATION OF LEGISLATION
-refers to the legal process to bring the legislation into operation
PROCESS OF ADOPTION
1) Preparation of a draft bill
2) Introduction of the bill to the legislature
3) Public Participation
4) Parliamentary committee stages
5) Voting
6) Adoption of the bill by parliament
7) Assent to and signature of the bill by the president
PROCESS OF PROMULGATION
1) Government date of the legislation
2) Acts of parliament and provincial act take effect
WHEN IS LEGISLATION IN FORCE?
- DATE OF PUBLICATION=DATE OF COMMENCEMENT
- if legislation does not prescribe the date of publication then it automatically commences on the day of its publication in the Gazette
DELAYED COMMENCEMENT?
-Legislation published in the Gazette may also provide for another date for its commencement
RETROACTIVE COMMENCEMENT?
-when legislation is published on a certain date, but it is deemed to have commenced earlier on a date prior to publication
WHEN DOES A DAY COMMENCE?
-a day begins immediately at the end of the previous day= 00:01