The National Legislative Process

Special procedures are followed for national legislation that affects the provinces. This passes through the National Council of Provinces, allowing for each Provincial Legislature to analyse and vote on national legislation. Bills that affect the provinces are referred to as Section 76 Bills, (Section 76 of our Constitution provides for such legislation). Draft legislation or Bills that do not affect the provinces are referred to as Section 75 Bills (as provided for by Section 75 of our Constitution).

Bills are circulated to all Provincial Legislatures through their permanent delegates to the National Council of Provinces. 

In KZN, the Legislature has a special standing committee to facilitate its consideration of national legislation. This is known as the KZN National Council of Provinces Standing Committee, or the NCOP Committee. The NCOP Committee refers these Bills to the relevant Portfolio Committee for discussion.

In the case of Section 76 Bills, the Portfolio Committee will vote to determine whether or not it supports the Bill and on what changes it suggests to the Bill. The NCOP Committee takes this into consideration and agrees on negotiating and voting mandates accordingly, on behalf of the KZN Legislature. This will determine whether or not the KZN Legislature will vote in favour of this Bill at the next sitting of the National Council of Provinces.

In the case of Section 75 Bills, the NCOP Committee and relevant Portfolio Committee will still consider the Bill. However, they will not formally vote on the Bill on behalf of the Legislature. In this case voting is done by members of the National Council of Provinces on the basis of whether or not their political parties support the Bill.