ADOPTION AND PROMULGATION OF LEGISLATION Flashcards

1
Q

WHAT IS ADOPTION OF LEGISLATION

A

-refers to the legal process required for draft legislation to become law

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2
Q

WHAT IS PROMULGATION OF LEGISLATION

A

-refers to the legal process to bring the legislation into operation

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3
Q

PROCESS OF ADOPTION

A

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

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4
Q

PROCESS OF PROMULGATION

A

1) Government date of the legislation

2) Acts of parliament and provincial act take effect

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5
Q

WHEN IS LEGISLATION IN FORCE?

A
  • 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
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6
Q

DELAYED COMMENCEMENT?

A

-Legislation published in the Gazette may also provide for another date for its commencement

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7
Q

RETROACTIVE COMMENCEMENT?

A

-when legislation is published on a certain date, but it is deemed to have commenced earlier on a date prior to publication

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8
Q

WHEN DOES A DAY COMMENCE?

A

-a day begins immediately at the end of the previous day= 00:01

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