The role of the National Assembly Flashcards
Composition and election
-The National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that—
(a) is prescribed by national legislation;
(b) is based on the national common voters roll;
(c) provides for a minimum voting age of 18 years; and
(d) results, in general, in proportional representation.
(2) An Act of Parliament must provide a formula for determining the number of
members of the National Assembly
Membership [1]
Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except—
(a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than—
(i) the President, Deputy President, Ministers and Deputy Ministers; and
(ii) other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation;) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;
(c) unrehabilitated insolvents;
(d) anyone declared to be of unsound mind by a court of the Republic; or
(e) anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic
Membership [2]
A person who is not eligible to be a member of the National Assembly in terms of
subsection (1)(a) or (b) may be a candidate for the Assembly, subject to any limits or
conditions established by national legislation.
Membership[ 3]
A person loses membership of the National Assembly if that person—
(a) ceases to be eligible; or
(b) is absent from the Assembly without permission in circumstances for which
the rules and orders of the Assembly prescribe loss of membership; or
(c) ceases to be a member of the party that nominated that person as a member of the Assembly.
Membership [4]
Vacancies in the National Assembly must be filled in terms of national legislation
Speaker and Deputy Speaker [1]
At the first sitting after its election, or when necessary to fill a vacancy, the National Assembly must elect a Speaker and a Deputy Speaker from among its members.
(2) The Chief Justice must preside over the election of a Speaker, or designate another judge to do so. The Speaker presides over the election of a Deputy Speaker.
-In terms of its rules and orders, the National Assembly may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker
Speaker and Deputy Speaker
-The procedure set out in Part A of Schedule 3 applies to the election of the Speaker and the Deputy Speaker.
-(4) The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the members of the Assembly must be present when the
resolution is adopted.
Decisions [1]
Except where the Constitution provides otherwise—
(a) a majority of the members of the National Assembly must be present before a vote may be taken on a Bill or an amendment to a Bill;
(b) at least one third of the members must be present before a vote may be taken on any other question before the Assembly; and
(c) all questions before the Assembly are decided by a majority of the votes cast.
Decisions [2]
The member of the National Assembly presiding at a meeting of the Assembly has
no deliberative vote, but—
(a) must cast a deciding vote when there is an equal number of votes on each side of a question; and
(b) may cast a deliberative vote when a question must be decided with a
supporting vote of at least two thirds of the members of the Assembly
Decisions [2]
An Act of Parliament, enacted in accordance with the procedure established by
either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their
delegations to cast votes on their behalf.
Public access
The National Assembly must—
(a) facilitate public involvement in the legislative and other processes of the Assembly and its committees;
(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—
(i) to regulate public access, including access of the media, to the Assembly and its committees
(ii) to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.
(2) The National Assembly 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.
