A Brief Explanation of the South African Legislative Process

When a change in policy is being made, the government often first puts forward its proposals in a Green Paper, which is a discussion document on policy options. It originates in the department of the Ministry concerned and is then published for comment and ideas. A submission date is usually given for input from civil society. This document forms the basis for a White Paper which is a broad statement of government policy. Comment may again be invited from interested parties.

Once these inputs have been taken into account, the Minister and officials within the State department concerned may draft Legislative Proposals. At this stage the proposals are also considered by the Cabinet. Occasionally this document may be gazetted as a Draft Bill, for comment by a defined date, or given to certain organisations for comment. Once all comments have been considered the document is taken to the State Law Advisers who check the proposals in detail and their consistency with existing legislation. These proposals are then printed by Parliament, given a number and go to be Tabled or introduced in either the National Assembly or the National Council of Provinces. The document is now no longer a Draft Bill. It is a Bill and the introduction or tabling is called the first reading. After the reading it is put on the Order Paper and it goes to a Committee for consideration.

The committee consists of members of the different parties represented in Parliament who discuss the Bill. They sometimes call expert witnesses or invite submissions to help refine it, after which they may amend it. When the committee has approved the Bill, it goes for Debate in the House in which it was tabled. Once that House has agreed to the Bill, it is transmitted to the other House and the same procedure is followed.

When both Houses have passed the Bill it is allocated an Act number and then goes to the State President to be signed. It is then published in the Government Gazzette as an Act and it then becomes a law of the land.

Sometimes there are no Green and White Papers and the process begins with the legislative proposals originating in the Ministry or Department.