Powers of Parliament

Question 1

Legislative Authority of NA
Sec 44(1)(a)

Answer 1

The national legislative authority as vested in Parliament—
(a) confers on the National Assembly the power—
(i) to amend the Constitution.

(ii)to pass legislation with regard to any matter, including a matter within a functional area listed in Schedule 4, but excluding, subject to subsection
(2), a matter within a functional area listed in Schedule 5; and

(iii)to assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another sphere of government.

Question 2

Legislative Authority of NCoP
Sec 44(1)(b)

Answer 2

Confers on the National Council of Provinces the power—
(i) to participate in amending the Constitution in accordance with section 74.

(ii) to pass, in accordance with section 76, legislation with regard to any
matter within a functional area listed in Schedule 4 and any other matter
required by the Constitution to be passed in accordance with section 76;

(iii) to consider, in accordance with section 75, any other legislation passed
by the National Assembly

Question 2

Powers of NA
Sec 55

Answer 2

(1) In exercising its legislative power, the National Assembly may—
(a) consider, pass, amend or reject any legislation before the Assembly;
(b) initiate or prepare legislation, except money Bills.

Question 3

Powers of NCoP
Sec 68

Answer 3

In exercising its legislative power, the National Council of Provinces may—
(a) consider, pass, amend, propose amendments to or reject any legislation before
the Council, in accordance with this Chapter.
(b) initiate or prepare legislation falling within a functional area listed in Schedule 4 or other legislation referred to in section 76(3) but may not initiate or prepare money Bills.

Question 3

Sec 44(2)
Power of Intervention

Answer 3

Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in Schedule 5, when it
is necessary—
(a) to maintain national security.
(b) to maintain economic unity.
(c) to maintain essential national standards
(d) to establish minimum standards required for the rendering of services.
(e) to prevent unreasonable action taken by a province which is prejudicial to the
interests of another province or to the country as a whole.