The role of National Council of Provinces Flashcards
Composition of National Council of Provinces
The National Council of Provinces is composed of a single delegation from each
province consisting of ten delegates.
(2) The ten delegates are—
(a) four special delegates consisting of—
(i) the Premier of the province or, if the Premier is not available, any
member of the provincial legislature designated by the Premier either
generally or for any specific business before the National Council of
Provinces;
(ii) three other special delegates; and
(b) six permanent delegates appointed in terms of section 61(2).
(3) The Premier of a province, or if the Premier is not available, a member of the
province’s delegation designated by the Premier, heads the delegation.
Allocation of delegates
Parties represented in a provincial legislature are entitled to delegates in the province’s delegation in accordance with the formula set out in Part B of Schedule 3.
(2) (a) A provincial legislature must, within 30 days after the result of an election of that legislature is declared—
(i) determine, in accordance with national legislation, how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and
(ii) appoint the permanent delegates in accordance with the nominations of
the parties must ensure the
participation of minority parties in both the permanent and special delegates’ components of the delegation in a manner consistent with democracy
The legislature, with the concurrence of the Premier and the leaders of the parties entitled to special delegates in the province’s delegation, must designate
special delegates, as required from time to time, from among the members of the legislature.
Permanent delegates p1
A person nominated as a permanent delegate must be eligible to be a member of
the provincial legislature.
(2) If a person who is a member of a provincial legislature is appointed as a permanent
delegate, that person ceases to be a member of the legislature.
(3) Permanent delegates are appointed for a term that expires—
(a) immediately before the first sitting of the provincial legislature after its next
election..
A person ceases to be a permanent delegate if that person—
(a) ceases to be eligible to be a member of the provincial legislature for any reason
other than being appointed as a permanent delegate;
(b) becomes a member of the Cabinet;
(c) has lost the confidence of the provincial legislature and is recalled by the party
that nominated that person;
(d) ceases to be a member of the party that nominated that person and is recalled by that party; or
(e) is absent from the National Council of Provinces without permission in circumstances for which the rules and orders of the Council prescribe loss of
office as a permanent delegate.
Permanent delegates
(5) Vacancies among the permanent delegates must be filled in terms of national legislation.
(6) Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and
obedience to the Constitution, in accordance with Schedule 2.
Sittings of National Council
The National Council of Provinces may determine the time and duration of its
sittings and its recess periods.
(2) The President may summon the National Council of Provinces to an extraordinary
sitting at any time to conduct special business.
(3) Sittings of the National Council of Provinces are permitted at places other than the
seat of Parliament only on the grounds of public interest, security or convenience,
and if provided for in the rules and orders of the Council
POWERS OF NATIONAL COUNCIL
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; and b. initiate or prepare legislation falling within a functional area listed inSchedule 4or other legislation referred to in section 76(3), but may not initiate or prepare money Bills.
Functional areas include:
* Ambulance and other national archives
* Libraries other than national
* Liquor licenses
* Provincial planning
* Provincial cultural matters etc
POWER OF THE NATIONAL COUNCIL PART 2
The National Council of Provinces or any of its committees may:
a. summon any person to appear before it to give evidence on oath or affirmation or to produce documents;
b. require any institution or person to report to it;
c. compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and
d. receive petitions, representations or submissions from any interested persons or institutions.
SITTINGS OF NCOP
The NCOP may determine the time and duration of its sittings and its recess periods.
2. The President may summon the National Council of Provinces to an extraordinary sitting at any time to conduct special business.
3. Sittings of the National Council of Provinces are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Council
CHAIRPERSON AND DEPUTY CHAIRPERSONS
The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.
2. The Chairperson and one of the Deputy Chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier.
3. The other Deputy Chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn.
4. The Chief Justice must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.
ACCESS
The National Council of Provinces must :
a. facilitate public involvement in the legislative and other processes of the Council and its committees; and
b. conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken
The National Council of Provinces may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.
PARTICIPATION
In compliance with its constitutional obligations to facilitate public participation in the law-making and other processes, the NCOP has initiated programmes such as its Taking Parliament to the People programme and Provincial Week.
Cabinet members and Deputy Ministers may attend, and may speak in, the National Council of Provinces, but may not vote.
Not more than ten part-time representatives designated by organised local government representing the different categories of municipalities, may participate when necessary in the proceedings of the National Council of Provinces, but may not vote.
The National Council of Provinces may require a Cabinet member, a Deputy Minister or an official in the national executive or a provincial executive to attend a meeting.
