This is the version of this Rules as it was from 22 November 2018 to 2 December 2019. Read the latest available version.
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South Africa
Constitution of the Republic of South Africa, 1996
Rules of the National Assembly
- Published on 26 May 2016
- Commenced on 26 May 2016
- [This is the version of this document as it was from 22 November 2018 to 2 December 2019.]
- [Amended by Report of the National Assembly Rules Committee: Procedures to give effect to section 89 of the Constitution on 22 November 2018]
Chapter 1
Sources of authority of Assembly and their application
Part 1 – Definitions
1. Definitions
In these rules, unless the context otherwise indicates —“Assembly” means the National Assembly;“ATC” means the document entitled Announcements, Tablings and Committee Reports, which supplements the Minutes of Proceedings of the National Assembly;“attendance” means a member’s presence at a sitting of the House, a meeting of a mini-plenary session or any other committee or forum, or at any other official parliamentary activity;“Chamber” means the Chamber of the National Assembly or any other chamber in which the proceedings of the House and its forums are conducted;“Chief Whip” means the Chief Whip of the Majority Party;“classification”, with reference to a Bill, means the classification of a Bill in terms of Joint Rule 160(6) or the reclassification of a Bill in terms of Joint Rule 163;“Constitution” means the Constitution of the Republic of South Africa, 1996;“constitutional institution” means —(a)any state institution mentioned in Section 181 of the Constitution; or(b)any other institution established, or of which the establishment is required, in terms of a specific provision of the Constitution, including the constitutional institutions listed in Schedule 1 of the Public Finance Management Act, 1999;“constitution amendment Bill” means a Bill to which Section 74 of the Constitution applies;“Council” means the National Council of Provinces;“document” means any written instrument, and includes any electronic or other device in or on which information, including visual material, is recorded, stored or kept;“duration of the House” means the term of the House or the remaining part of its term at any time;“formal motion” means a motion of a procedural nature that in terms of Rule 123 does not require notice;“forum” in relation to the Assembly means any formal gathering of members of the Assembly as provided for in the rules and orders to conduct the business of the Assembly, and includes sittings of the House, mini-plenary sessions of the House, and meetings of committees and other relevant structures of the Assembly;“Gazette” means the national Government Gazette;“House” means the Assembly unless otherwise specified;“JTM” means the Joint Tagging Mechanism established by Joint Rule 151;“member” means a member of the Assembly;“mini-plenary session” means a subordinate meeting of the House for debating purposes only and involving a reduced number of members, as provided for in Rules 49 to 56;“misconduct” in these rules means a breach of the standing rules of Parliament by a member, except a breach of the code of conduct contained in the schedule to the Joint Rules or conduct amounting to contempt of Parliament as defined in the Powers and Privileges Act;“money Bill” means a Bill that appropriates money or imposes taxes, levies or duties and to which Section 77 of the Constitution applies;“motion” means —(a)a proposal made by a member in the form of a draft resolution that the Assembly do something, order something to be done or express an opinion concerning some matter; or(b)a proposal made by a member that the Assembly discuss a subject presented by the member for that purpose;“official parliamentary activities” means any business or activity of Parliament, including plenary sittings, committee meetings, study tours, workshops, parliamentary forums or any other parliamentary activity sanctioned by the Assembly, or its committees or presiding officers, as duly authorised;“organ of state” means any executive organ of state in the national sphere of government as contemplated in Section 55(2) and defined in Section 239 of the Constitution;“Parliamentary Protection Services” means any employee authorised by Parliament to perform security and protection services within the precincts of Parliament, and includes all parliamentary staff members employed, appointed, assigned, delegated or contracted by Parliament to perform security and protection functions within the precincts of Parliament;“party whip” means a member designated by the leadership of a party to oversee and guide the conduct of its members in relation to the rules and the decorum and business of the House or a committee, and to perform such further functions as the House may prescribe;“person in charge” —(a)with reference to a Bill introduced by a Cabinet member, a Deputy Minister or an Assembly member, means that Cabinet member, Deputy Minister or Assembly member;(b)with reference to a Bill introduced by an Assembly committee, means the chairperson or any other member of the committee designated by the committee;(c)with reference to a money Bill, means the Cabinet member responsible for national financial matters;(d)with reference to a Section 76(2) Bill introduced on behalf of a Cabinet member or Deputy Minister in the Council, means that Cabinet member or Deputy Minister;(e)with reference to a Section 76(2) Bill introduced in the Council, other than Bills referred to in Paragraph (d), means the Assembly member designated in terms of Joint Rule 217(2);(f)with reference to a committee report, means the member who introduces the report in the House on behalf of the committee; and(g)with reference to a motion, means the member who gives notice of the motion and/or moves the motion in the House;“point of order” means a matter related to the procedure or practice of the House, or a complaint of unparliamentary conduct or behaviour on the part of another member, which a member is entitled to raise during the sitting of the House or committee when seeking guidance and a ruling on the matter from the presiding officer;“Powers and Privileges Act” means the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004;“precincts of Parliament” means the precincts referred to in Section 2 of the Powers and Privileges Act;“private member” means any member other than a Minister, a Deputy Minister, the Speaker and the Deputy Speaker;“question”, except in respect of question time or a question period and a question of privilege, means a proposal presented to the Assembly or a committee of the Assembly by the presiding officer for consideration and decision or disposal in some manner;“question of privilege” means any report of an act which may constitute a breach of privilege or contempt of Parliament in terms of the Powers and Privileges Act;“Question Paper” means, as applicable, the Question Paper produced for a particular question day or an Internal Question Paper containing all current questions that still have to be replied to;“recess”, with reference to the Assembly, means a period determined as a recess by the Programme Committee, or by resolution of the Assembly, during which, subject to Rule 167, no business of the Assembly is conducted;“Secretary” means the Secretary to Parliament;“Section 75 Bill” means a Bill to which the procedure prescribed in Section 75 of the Constitution applies;“Section 76(1) Bill” means a Section 76 Bill introduced in the Assembly;“Section 76(2) Bill” means a Section 76 Bill introduced in the Council;“session”, except in the context of a mini-plenary session as contemplated in Part 3 of Chapter 4, means an annual session of a Parliament;“sitting day” means a day on which the Assembly sits or a mini-plenary session is held;“special petition” means a petition requesting a pension or other specific or personal relief from the state which is not authorised by law;“subject of a Bill” means the objects of the Bill as introduced in the Assembly and the substance of the Bill to give effect to those objects;“substantive motion”, with reference to a member or the holder of an office specified in Rule 88, means a self-contained proposal in terms of Rule 85 or Rule 88 for separate consideration by the House, relating to any charge against that member or office-bearer;“tabling”, in relation to any document or paper, means the official presentation of the document or paper in the House, or, if not presented in the House, the publication in the ATC of the document or paper after it has been officially submitted to the Speaker;“term”, in relation to the Assembly, means the period for which the Assembly is elected in terms of Section 49(1) of the Constitution; and“working day” means any day of the week except —(a)Saturday and Sunday;(b)a public holiday in terms of the Public Holidays Act, 1994; and(c)a Monday following any of these public holidays that fall on a Sunday.Part 2 – Sources of authority of National Assembly
2. Introduction
The sources of authority of the National Assembly are —3. Rules of National Assembly
4. Suspension or supplementing of rules
5. Non-diminution or non-limitation of rules and orders
No convention or practice may limit or inhibit any provision of these rules or any order of the House.6. Unforeseen eventualities
7. Directives and guidelines of Rules Committee
8. Rulings
9. Conventions and practices
10. Contempt
A member who wilfully fails or refuses to obey any rule, order or resolution of the House may be found guilty of contempt of Parliament in terms of the Powers and Privileges Act, 2004.11. Application to President of the Republic and other non-members
Chapter 2
Proceedings in connection with commencement of term and session
12. Convening notice read
At the commencement of the proceedings of the National Assembly on the first day of its first session, the Secretary or an officer of Parliament nominated by him or her, must read the notice convening the House under Section 51(1) of the Constitution.13. Oath or affirmation by members
When the convening notice has been read at the commencement of the proceedings of the House on the first day on which it meets after a general election at which members of the House were elected, such members must be sworn in or make affirmation before the Chief Justice or a judge designated by the Chief Justice, in accordance with Section 48 read with Schedule 2 to the Constitution.14. Election of Speaker and Deputy Speaker
At the first sitting after its election, the National Assembly must, in accordance with Sections 52(1), (2) and (3), read with Schedule 3 to the Constitution, elect one of its members to be the Speaker and thereafter another to be the Deputy Speaker of the House.15. Election of President of the Republic
At the first sitting, after its election of a Speaker and a Deputy Speaker, the House must in accordance with Sections 86(1) and (2), read with Schedule 3 to the Constitution, elect one of its members as the President of the Republic.16. Opening of a Parliament
17. Commencement of annual session
The Speaker must inform the House of the date and time on which an annual session of the House will commence, as determined by the Programme Committee in accordance with Rule 210.18. President’s State of the Nation Address
The Speaker must inform the House of the date and time for the President’s annual State of the Nation Address.19. State of the Nation Address reported
The Speaker must publish the President’s State of the Nation Address in the Minutes of Proceedings.20. State of the Nation Address placed on Order Paper
When the President has delivered the State of the Nation Address, the Speaker must place it on the Order Paper of the House for discussion.Chapter 3
Presiding officers and members
Part 1 – Presiding officers
21. Election of Speaker and Deputy Speaker
22. Election of other presiding officers
23. Officers presiding in the House
The Deputy Speaker or a House Chairperson must preside during a sitting of the House whenever requested to do so by the Speaker.24. Acting Speaker
25. Acting House Chairperson
Whenever the House has been informed of the likelihood of the continued absence of both the Speaker and the Deputy Speaker for longer than seven consecutive parliamentary working days, the House may elect a member to act as House Chairperson while the House Chairperson so designated acts as Speaker, until the Speaker or the Deputy Speaker becomes available or the House decides otherwise.26. General authority and responsibility of Speaker
27. Election of temporary presiding officer to act as Speaker
Whenever the House has been informed that the elected presiding officers are unavoidably absent, the House must immediately elect one of its members to act as Speaker for that day only, the question being put by the Secretary.28. Removal from office of Speaker or Deputy Speaker
Part 2 – Members
29. Oath or affirmation
Other than immediately after a general election, new members may, in accordance with Item 4(2) of Schedule 2 to the Constitution —30. Declaration of private interests
If a member has a personal or private financial or business interest in any matter before a forum of the Assembly of which he or she is a member, he or she must at the commencement of engagement on the matter by the forum immediately declare that interest in accordance with the code of conduct contained in the schedule to the Joint Rules and comply with the other provisions of the code.31. Raising a question of privilege
32. Leader of the Opposition
33. Appointment and responsibilities of whips
34. Designation of parliamentary counsellors
Part 3 – Members’ attendance
35. Members’ attendance
36. Absence from sittings of House
37. Sanctions for extended unauthorised absence from sittings of House
38. Absence from meetings of committee
39. Sanctions for extended unauthorised absence from meetings of committee
40. Appeal against application of sanctions
Chapter 4
Sittings of Assembly
Part 1 – General
41. Forums for proceedings of National Assembly
42. Working days and hours of sitting
43. Change of venue
44. Arrangement of business on Order Paper when no consensus in Programme Committee
Part 2 – Sittings in plenary
45. Quorum required only for taking decisions
The Assembly may proceed with its business irrespective of the number of members present, but may vote on a Bill or decide on any question only if a quorum is present in terms of Rule 96.46. Opportunity for prayer or meditation
At the commencement of parliamentary business on every sitting day the presiding officer must afford members an opportunity for silent prayer or meditation.47. Sequence of proceedings
48. Interruption, suspension or adjournment of proceedings
Part 3 – Mini-plenary sessions
49. Business of mini-plenary sessions
50. Members attending
51. Quorum
A mini-plenary session may proceed with its business irrespective of the number of members present.52. Decisions
53. Speakers’ list
54. Presiding officer
The Chair of a miniplenary session must be taken by —55. Relief of presiding officer
A member attending a mini-plenary session must take the Chair whenever requested to do so by the presiding officer.56. Order in meetings and rules of debate
In addition to these rules, the rules generally applicable to plenary sessions of the House are also applicable to the proceedings of a mini-plenary session.Part 4 – Public access
57. Admission of visitors
58. Access for non-members to floor of Chamber
The Speaker may give a non-member access to the floor of the Chamber during a sitting of the House or a mini-plenary session in special circumstances.59. Conduct of visitors
Visitors admitted in terms of Rule 57 may not disrupt the proceedings in any manner and must adhere to the directives of the presiding officer and members of the Parliamentary Protection Services and the security services.60. Withdrawal of visitors
The presiding officer may, whenever he or she thinks it reasonable and justifiable in an open and democratic society to do so, order visitors to withdraw from the precincts of the House or a mini-plenary session and the places set apart for them in a Chamber, or from the precincts of Parliament.61. Serjeant-at-Arms to remove visitors
When instructed by the presiding officer, the Serjeant-at-Arms must remove, or arrange with the Parliamentary Protection Services in terms of Rule 57(3) for the removal of, any person who —62. Invitation to head of state, head of government or other person to address house
Chapter 5
Order in public meetings and rules of debate
Part 1 – Order in meetings
63. Freedom of speech
64. Conduct of members
Members must at all times accord the presiding officers of the National Assembly and members due respect and conduct themselves with dignity and in accordance with the decorum of the House and are required —65. Members not to converse aloud
Members may not converse aloud during debate.66. Member not to be interrupted
No member may interrupt another member whilst speaking, except —67. Precedence of presiding officer
Whenever the presiding officer addresses the House during a debate, any member then speaking or offering to speak must resume his or her seat, and the presiding officer must be heard without interruption.68. Irrelevance or repetition
The presiding officer may order a member addressing the House to stop speaking if that member, despite warnings from the Chair, persists in irrelevant or repetitive arguments.69. Grossly disorderly conduct
Members may not engage in grossly disorderly conduct in the House and its forums, including —70. Member ordered to leave Chamber
71. Naming or suspension of member
If a presiding officer is of the opinion that a contravention committed in terms of Rule 70 by a member of the House is of so serious a nature that an order to leave the Chamber for the remainder of the day’s sitting is inadequate, the presiding officer may —72. Action against member to be announced in House
The action taken against a member by the Speaker under Rule 71(b) must be announced in the House.73. Removal of member from Chamber and precincts
74. Period of suspension
The suspension of a member on the first occasion during a session continues for 5 parliamentary working days, on the second occasion for 10 parliamentary working days, and on any subsequent occasion for 20 parliamentary working days.75. Expression of regret
76. Member to withdraw while his or her conduct is debated
Whenever a charge is made against a member, he or she must, after having been heard from his or her place, withdraw from the Chamber while such charge is being debated.77. Grave disorder
In the event of grave disorder at a meeting, the presiding officer may adjourn the meeting, or may suspend the proceedings for a period to be stated by him or her.Part 2 – Rules of debate
78. Member to address Chair
79. Recognition of members to speak
80. Control of microphones in chamber
81. List of speakers and time limits for speeches
82. Reference to member in respectful terms
83. Member not to read speech
A member must as far as possible refrain from reading his or her speech, but may refresh his or her memory by referring to notes.84. Unparliamentary or unacceptable language or gestures
No member may use offensive, abusive, insulting, disrespectful, unbecoming or unparliamentary words or language, nor offensive, unbecoming or threatening gestures.85. Reflections upon members, the President and Ministers or Deputy Ministers who are not members of the Assembly
86. Reflections upon decisions or statutes
No member may —87. Reflections upon the House and its proceedings and decisions
No member may reflect in a disrespectful manner upon the House or its forums and committees or upon their proceedings and decisions.88. Reflections upon judges and certain other holders of public office
No member may reflect upon the competence or integrity of a judge of a superior court, the holder of a public office in a state institution supporting constitutional democracy referred to in Section 194 of the Constitution, or any other holder of an office (other than a member of the government) whose removal from such office is dependent upon a decision of the House, except upon a separate substantive motion in the House presenting clearly formulated and properly substantiated charges which, if true, would in the opinion of the Speaker prima facie warrant such a decision.89. Matters sub judice
No member may reflect upon the merits of any matter on which a judicial decision in a court of law is pending.90. Rule of anticipation
91. Explanations
92. Points of order
93. Acting for absent member
If the member in charge of a motion or an order of the day is absent, another member authorised by the absent member may take charge of the motion or order after having timeously notified the presiding officer, where possible.94. When reply allowed
The member in charge of a motion or an order of the day, including an executive statement, is allowed to reply.95. Debate closed
A reply to a debate closes the debate.Chapter 6
Decision of questions
96. Quorum
In terms of Section 53 of the Constitution, except where the Constitution provides otherwise —97. Questions to be decided by majority
In terms of Section 53 of the Constitution, except where the Constitution provides otherwise, all questions before the Assembly are decided by a majority of the votes cast.98. Absence of quorum
99. Decision of question postponed
When the debate on a question has been concluded in the House, the presiding officer may postpone the decision of the question.100. Decision of postponed questions
Whenever it is expedient to do so, the Speaker may after consultation with the Programme Committee in terms of Rule 208 or, if the Programme Committee is not due to meet in time, after consultation with party whips, determine a day for the decision of postponed questions by the House.101. Decision of questions requiring special majorities
102. Casting of votes
Unless the Constitution provides otherwise, voting takes place in accordance with Rules 103 or 104.103. Electronic voting system
104. Manual voting procedure
105. Postponed question put without further debate
A question referred to in Rules 99 and 100 must be put without further debate.106. Question put again
If the presiding officer has put a question and it is not heard or understood, he or she must put it again.107. Question fully put
108. Declaration of vote
109. Recording of opposition
110. Demand for division
After a question has been put and the presiding officer has indicated whether in his or her opinion the voices in favour of or against the question are in the majority, any member may demand a division, whereupon, subject to Rule 111, a division must take place without debate.111. Fewer than four members supporting demand for division
112. Division bells rung and doors barred
113. Procedure after doors barred
When the doors have been barred and all members are seated, the presiding officer must inform members of the question to be decided and announce that a division has been demanded.114. Member calling for division to vote against question
A member demanding a division may not leave the Chamber until the result of the division has been declared and in the event that he or she did not vote, his or her vote must be recorded as against the question put by the presiding officer.115. Members present must vote
116. Points of order during division
Subject to all other rules relating to the taking of points of order, while a division is in progress, members may only raise points of order directly related to the procedures during the division.117. Confusion or error concerning division
118. Correction of minutes
If any member, in writing to the Speaker within 24 hours after the Minutes of Proceedings have been published, reports that his or her vote has been mistakenly altered, as recorded, or if any other error occurs in the voting results as published in the Minutes of Proceedings, the Speaker may order the Minutes of Proceedings to be corrected.Chapter 7
Motions
Part 1 – General
119. Nature of motions
A member may propose a subject for discussion, or a draft resolution for approval as a resolution of the House, with or without debate.120. Same question rule
121. Amendments to draft resolutions generally
122. Amendments to draft resolutions relating to committee reports
No amendment may be proposed to the content and substance of a committee report tabled for consideration by the House, except in respect of any recommendation made in such report for adoption by the House.123. Motions without notice
124. Notices of motion
125. Acting for absent member
A member may give notice of a motion on behalf of an absent member, provided he or she has been authorised to do so by the absent member.126. Speaker may disallow notices
The Speaker may disallow notices of motion which contravene the rules and orders of the House or directives and guidelines approved by the Rules Committee.127. Motions on questions of privilege
An urgent motion directly concerning the privileges of the House must take precedence over other motions and orders of the day.128. Withdrawal and lapsing of motion
Part 2 – Motions of no confidence in terms of section 102 of Constitution
129. Motions of no confidence in terms of section 102 of Constitution
Part 3 – Procedures to give effect to Section 89 of the Constitution
[Part 3 inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]Definitions
For the purpose of a section 89(1) enquiry in terms of these rules –“an inability” includes “a permanent or temporary physical or mental condition of the President”;“a serious misconduct” means “unlawful, dishonest or improper behaviour performed by the President in bad faith”;“a serious violation of the Constitution or the law” means “behaviour by the President amounting to an intentional or malicious violation of the Constitution or the law performed in bad faith”; and“Section 89” means Section 89 of the Constitution, 1996.“a section 89 enquiry” means an enquiry initiated by the Assembly to remove the President in terms of section 89 of the Constitution and this rule.[Definitions inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]Initiation of Section 89 enquiry
129A. Initiation of Section 89 enquiry
129B. Compliance with criteria
Once a member has given notice of a motion to initiate proceedings in a Section 89 enquiry the Speaker may consult the member to ensure the motion is compliant with the criteria set out in Rule 129A.[Rule 129B inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129C. Referral of motion
Independent panel to conduct preliminary inquiry into Section 89 enquiry
129D. Establishment
The Assembly must, if and when required, establish an independent panel to conduct any preliminary inquiry on a motion initiated in a Section 89 enquiry.[Rule 129D inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129E. Composition and appointment
129F. Chairperson
The Speaker must appoint one of the panellists as chairperson of the panel.[Rule 129F inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129G. Functions and powers
129H. Quorum
The panel may proceed with its business when three panellists are present and remain present.[Rule 129H inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129I. Consideration and referral of panel report
Impeachment committee for Section 89 Enquiry
129J. Establishment
There is an Impeachment Committee to consider motions in terms of a Section 89 enquiry, referred to it in terms of Rule 129I(3) above.[Rule 129J inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129K. Composition and appointment
129L. Chairperson
The Committee must elect one of its members as Chairperson.[Rule 129L inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129M. Functions and powers of committee
129N. Decisions
A question before the committee is decided when a quorum in terms of Rule 162(2) is present and there is agreement among the majority of the members present, provided that, when the Committee reports, all views, including minority views, expressed in the Committee must be included in its report.[Rule 129N inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]129O. Consideration of report
General
129P. Recommendations are not binding
129Q. Benefits of the President
If the President is removed from office, the benefits of the President must strictly be dealt with in terms of the relevant provisions of the Constitution.[Rule 129Q inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution][Part 3 inserted by the National Assembly Rules Committee Report on Procedures to give effect to section 89 of the Constitution]Chapter 8
Discussion of urgent matters of national public importance
130. Urgent matter of national public importance
131. Withdrawal of scheduled discussion on matter of urgent public importance
The member who requested the discussion may request the Speaker to withdraw the scheduled discussion, provided that sufficient notice of such withdrawal is given.Chapter 9
Members’ statements and executive statements
132. Statements by members
133. Executive statements
Chapter 10
Questions
Part 1 – General
134. Notice and placing of questions
135. Lapsing of questions
All questions on the Question Paper on the last sitting day of an annual session lapse 20 working days after the last sitting day.136. Monitoring replies to questions
Part 2 – Questions for oral reply
137. Form and arrangement of questions
138. Questions to Ministers
139. Questions to Deputy President
140. Questions to President
141. Urgent questions
142. Times allotted and time limits
143. Unanswered questions for oral reply
144. Questions for oral reply standing over
Part 3 – Questions for written reply
145. Form and placing of questions
146. Written reply not given
Chapter 11
Messages
147. Messages from Council
A message received from the Council must be recorded in the ATC, or be made known in such other manner as the Speaker may determine.148. Messages to President of the Republic
A message from the House to the President of the Republic must be signed and communicated by the Speaker.149. Messages from President of the Republic
Chapter 12
Committee system
Part 1 – Introduction
150. List of committees
151. Subcommittees
152. Application of rules to committees and subcommittees established in terms of legislation
These rules also apply to a committee or subcommittee established in terms of legislation, and in such application the committee or subcommittee must be regarded as having been established in terms of these rules.Part 2 – Rules applicable to committees generally
153. Application of this part
The provisions of this part apply to all committees established by or in terms of these rules except in so far as any of these provisions is inconsistent with —154. Composition
155. Appointment procedures
156. Alternates
157. Term of office
158. Chairpersons
159. Acting chairpersons
160. First meetings
161. Meetings
162. Quorum requirements
163. Co-option when members and alternates not available
If a member of a committee and that member’s alternate are both absent from a meeting of the committee, the chairperson may co-opt any other Assembly member from the same party to act as a member of the committee until that committee member or the alternate member is no longer absent.164. Interruption, suspension or adjournment
The chairperson of a committee —165. Information reflecting upon integrity of members
If any information reflecting upon the integrity of an Assembly member comes before a committee, the committee may not proceed upon that information, but must report it to the Speaker without delay.166. Reporting
167. General powers
For the purposes of performing its functions a committee may, subject to the Constitution, legislation, the other provisions of these rules and resolutions of the Assembly —168. Privilege of witnesses
Prior to a witness giving evidence before a House or committee, the chairperson must in accordance with Section 16 of the Powers and Privileges Act inform the witness as follows:“Please be informed that by law you are required to answer fully and satisfactorily all the questions lawfully put to you, or to produce any document that you are required to produce, in connection with the subject matter of the enquiry, notwithstanding the fact that the answer or the document could incriminate you or expose you to criminal or civil proceedings, or damages. You are, however, protected in that evidence given under oath or affirmation before a House or committee may not be used against you in any court or place outside Parliament, except in criminal proceedings concerning a charge of perjury or a charge relating to the evidence or documents required in these proceedings.”169. Conferring powers of committees
170. Public involvement
Committees must ensure public involvement in accordance with the provisions of the Constitution and these rules.Part 3 – Rules applicable to subcommittees generally
171. Application of this part
The provisions of this part apply to all subcommittees established by or in terms of these rules except in so far as any of these provisions is inconsistent with —172. General rules
173. Alternates
174. Term of office
175. Chairpersons
176. Acting chairpersons
177. Meetings
178. Matters relating to quorum
A subcommittee may proceed with business irrespective of the number of members present.179. Decisions
180. General powers
A subcommittee has the powers listed in Rule 167 only when assigned to it in terms of these rules or by a resolution of the Assembly.Part 4 – Rules applicable to both committees and subcommittees generally
181. Application of this part
The provisions of this part apply to all committees and subcommittees established by or in terms of these rules except in so far as any of these provisions is inconsistent with —182. Conduct of members
Members must at all times conduct themselves in a manner befitting the dignity and decorum of a forum of the Assembly.183. Persons appearing before committees
Any person, including counsel and attorneys, appearing before a committee or subcommittee must observe the directions and conform to the procedures determined by the chairperson of the committee or subcommittee.184. Admission of public
185. Presence of other Assembly members
186. Exclusion of members of public from meetings
The chairperson of a committee or subcommittee may —187. Exclusion of other persons from meetings
When the public is excluded from a meeting of a committee or subcommittee in terms of Rule 184(1), the chairperson may order a staff member, a government official and any other person not deemed a member of the public, excluding a member of the Assembly, also to leave the meeting.188. Removal of persons
When instructed by the chairperson of a committee or subcommittee, the Serjeant-at-Arms must remove or arrange for the removal of any person who —189. Publication or disclosure of proceedings, evidence, reports, etc
Part 5 – Rules Committee
190. Establishment
There is a Rules Committee.191. Composition
192. Chairperson
193. Functions and powers
194. Implementation of policy
195. Quorum
196. Decisions
A question before the Rules Committee is decided when there is a quorum present in terms of Rule 195(2) and there is agreement on the question among the majority of the members present.197. Subcommittees
Subcommittee on Review of Assembly Rules
198. Composition
The Subcommittee on Review of Assembly Rules consists of the number of members and party representation as determined by the Rules Committee.199. Chairperson
The Rules Committee must appoint one of the members of the subcommittee as the chairperson of the subcommittee.200. Functions and powers
The subcommittee may —Subcommittee on Physical Removal of Member from Chamber
201. Composition
The Subcommittee on Physical Removal of Member from Chamber consists of —202. Chairperson
The Deputy Speaker or, as appropriate, the House Chairperson as provided for in Rule 201(a) is the chairperson of the subcommittee.203. Functions and powers
204. Public access
Meetings of the subcommittee are held in public but may be closed if the subcommittee so decides in accordance with Rule 184.Part 6 – Programme Committee
205. Establishment
There is a Programme Committee.206. Composition
The Programme Committee consists of —207. Chairperson
208. Functions and powers
The Programme Committee, subject to Rule 210 —209. Quorum
The committee may proceed with its business irrespective of the number of members present.210. Decisions
Part 7 – Powers and Privileges Committee
211. Establishment
There is a Powers and Privileges Committee as required by Section 12 of the Powers and Privileges Act.212. Composition
213. Meetings
214. Functions
215. Decisions
A question before the committee is decided when a quorum in terms of Rule 162(2) is present and there is agreement among the majority of the members present.Part 8 – Disciplinary Committee
216. Establishment
There is a Disciplinary Committee consisting of —217. Chairperson
218. Meetings
The Deputy Speaker convenes a meeting of the Disciplinary Committee.219. Functions and powers
The Disciplinary Committee —220. Public access
Meetings of the committee must be held in closed session.Part 9 – Forum of Committee Chairpersons
221. Establishment
There is a Forum of Committee Chairpersons.222. Composition
223. Chairperson
224. Functions and powers
The Forum of Committee Chairpersons may make recommendations to the Rules Committee or the Programme Committee regarding any matter affecting the scheduling or functioning of any Assembly committee, subcommittee or other Assembly forum.Part 10 – Portfolio committees
225. Establishment
The Speaker acting with the concurrence of the Rules Committee must —226. Composition
A portfolio committee consists of the number of Assembly members that the Speaker may determine with the concurrence of the Rules Committee in each case, subject to the provisions of Rule 154.227. Functions
228. Decisions
229. Subcommittees
A portfolio committee may appoint a subcommittee from among its members to assist the committee.Part 11 – Standing Committee on Finance
230. Establishment
There is a Standing Committee on Finance, established in terms of Section 4(1) of the Money Bills Amendment Procedure and Related Matters Act, 2009 and Rule 152.231. Composition
The Standing Committee on Finance consists of the number of Assembly members that the Speaker may determine with the concurrence of the Rules Committee, subject to the provisions of Rule 154.232. Functions and powers
233. Consultation
The committee must consult with its counterpart in the Council and other committees on matters specified in the Money Bills Amendment Procedure and Related Matters Act, 2009, in a manner agreed by the committee.234. Subcommittees
The committee may appoint a subcommittee from amongst its members to assist the committee, the subcommittee to adhere to the provisions of Part 3 of Chapter 12 of the Assembly Rules.235. Public involvement
The committee must ensure public involvement in accordance with the provisions of the Constitution and the Money Bills Amendment Procedure and Related Matters Act, 2009.Part 12 – Standing Committee on Appropriations
236. Establishment
There is a Standing Committee on Appropriations, established in terms of Section 4(3) of the Money Bills Amendment Procedure and Related Matters Act, 2009 and Rule 152.237. Composition
The Standing Committee on Appropriations consists of the number of Assembly members that the Speaker may determine with the concurrence of the Rules Committee, subject to the provisions of Rule 154.238. Functions and powers
239. Consultation
The committee must consult with its counterpart in the Council and other committees on matters specified in the Money Bills Amendment Procedure and Related Matters Act, 2009, in a manner agreed by the committee.240. Subcommittees
The committee may appoint a subcommittee from amongst its members to assist the committee, the subcommittee to adhere to the provisions of Part 3 of Chapter 12 of the Assembly Rules.241. Mediation
When conflicting amendments are proposed by portfolio committees —242. Public involvement
The committee must ensure public involvement in accordance with the provisions of the Constitution and the Money Bills Amendment Procedure and Related Matters Act, 2009.Part 13 – Standing Committee on Public Accounts
243. Establishment
There is a Standing Committee on Public Accounts.244. Composition
The Standing Committee on Public Accounts consists of the number of Assembly members that the Speaker may determine with the concurrence of the Rules Committee, subject to the provisions of Rule 154.245. Functions and powers
246. Decisions
A question before the committee is decided when a quorum in terms of Rule 162(2) is present and there is agreement among the majority of the members present.247. Subcommittees
The Standing Committee on Public Accounts may appoint a subcommittee from amongst its members to assist the committee.248. Notice to portfolio committee
When a matter falling within a portfolio committee’s competence is to be considered by the Standing Committee on Public Accounts, the chairperson of the committee, after consultation with the chairperson of the portfolio committee, must give notice to the portfolio committee when that matter will be considered by the committee.Part 14 – Standing Committee on the Auditor-General
249. Establishment
There is a Standing Committee on the Auditor-General, established in terms of Section 10(3) of the Public Audit Act, 2004.250. Composition
The Standing Committee on the Auditor-General consists of the number of Assembly members that the Speaker may determine with the concurrence of the Rules Committee, subject to the provisions of Rule 154.251. Functions and powers
252. Decisions
A question before the Standing Committee on the Auditor-General is decided when a quorum in terms of Rule 162(2) is present and there is agreement among the majority of members present.Part 15 – Ad hoc committees
253. Establishment
254. Composition
255. Decisions
Unless a resolution establishing an ad hoc committee provides otherwise, a question before an ad hoc committee is decided when a quorum in terms of Rule 162(2) is present and there is agreement among the majority of the members present.Part 16 – Other structures relating to Assembly programming and functioning
Chief Whips’ Forum
256. Establishment
There is a Chief Whips’ Forum.257. Composition
258. Chairperson
259. Meetings
260. Functions and powers
The Chief Whips’ Forum acts as a forum —Arrangement of House business and certain committee meetings
261. Unusual meetings of committees and subcommittees
House Chairperson: Committees
262. Scheduling function of the designated House Chairperson
The House Chairperson designated by the Speaker must, as delegated by the Speaker, implement any policy, directive or guideline on the scheduling and co-ordination of meetings of all committees and subcommittees.Part 17 – Miscellaneous committee matters
263. Composition of Assembly component in Mediation Committee
264. Election of Assembly members to Mediation Committee
265. Alternates for Assembly representatives in Mediation Committee
Alternates for Assembly representatives in the Mediation Committee envisaged in Joint Rule 105 must be elected in accordance with the same procedure applicable to the election of the Assembly representatives in terms of Rule 264.266. Ad hoc joint committees
Chapter 13
Legislative process
Part 1 – Introduction
267. Legislative powers of Assembly
268. Initiation of legislation by Assembly
269. Initiation of legislation by national executive
270. Application of this chapter
Part 2 – Steps prior to introduction
Bills initiated by Cabinet members and Deputy Ministers
271. Submission of legislative proposals to Speaker
A Cabinet member or Deputy Minister intending to introduce a Bill in the Assembly must, as is set out in Joint Rule 159, before the Bill is introduced submit to the Speaker —Bills initiated by Assembly members in individual capacity
272. Preparation of draft Bill
Bills initiated by Assembly committees
273. Submission of legislative proposals to Speaker
274. Preparation of draft Bill
275. Consideration of draft Bill before introduction
Before introducing its Bill, the committee —All Bills generally
276. Prior notice and publication of draft legislation
277. Notice withdrawing proposed legislation
278. Referral of Bills to National House of Traditional Leaders
Part 3 – Introduction of Bills and First and Second Readings
Introduction and related matters
279. Introduction of Bills in Assembly
280. Classification of Bills
281. Reintroduction of Bills ruled out of order by JTM
A Bill reintroduced in the Assembly in terms of Joint Rule 162 must follow the same procedure as if it were introduced for the first time, except that the steps prior to introduction as prescribed by the Assembly rules do not apply if no substantive new provisions were added to the Bill.First and Second Reading procedures
282. When First and Second Reading procedures are applicable
283. Procedure when Assembly in session
284. Procedure during recess
285. First Reading
286. Process in committee
287. Referral to Assembly committee if joint committee fails to report
288. Committee’s report
289. Explanation of report
The chairperson or other member of the committee who tables the report in the Assembly on behalf of the committee, may, if the committee has so recommended in its report, address the Assembly in order to explain the report.290. Second Reading
291. Amendments proposed by members before decision of Second Reading
292. Referral of amendments proposed in Assembly to Assembly committee
293. Referral to Assembly committee if joint committee fails to report
294. Consideration of report of Assembly committee or joint committee
Part 4 – Specific rules applicable to constitution amendment Bills
Specific rules relating to matters in Parts 1 and 2
295. Requirements prior to introduction of constitution amendment Bill
296. Notice withdrawing proposed constitutional amendment
297. Introduction of constitution amendment Bill
298. Referral of constitution amendment Bill to committee
299. Consideration of committee’s report and Bill
300. Consequences of approval or rejection of Second Reading
Reconsideration of constitution amendment Bill if amended by Council
301. Procedure if Council amends Bill
302. Debate and decision
303. Process if mediation successful
304. Consequences of unsuccessful mediation
A constitution amendment Bill lapses in terms of Joint Rule 180 if mediation is unsuccessful.Part 5 – Specific rules applicable to Section 75 Bills
305. Application of this part to money Bills
The rules set out in this part apply to all Section 75 Bills, as well as money Bills other than those dealt with in terms of the special procedure set out in Rule 322(2).306. Consequences of approval or rejection of Second Reading
A Section 75 Bill —Reconsideration of Section 75 Bills if Council rejects or passes subject to amendments
307. Referral of Bill to Assembly committee
308. Committee’s report
309. Debate and decision
Part 6 – Specific rules applicable to Section 76(1) Bills introduced in Assembly
310. Consequences of approval or rejection of Second Reading
A Section 76(1) Bill —Reconsideration of Section 76(1) Bills if amended by Council
311. Bill to be placed on Order Paper or referred to portfolio committee
312. Committee’s report
313. Debate and decision
Process after mediation
314. Process if mediation successful
315. Process if mediation unsuccessful
Part 7 – Specific rules applicable to Section 76(2) Bills introduced in the Council
316. Powers of committee to which Bill is referred
If a Section 76(2) Bill as passed by the Council is referred to an Assembly committee in terms of Rule 283 or 284, the committee may —317. Consequences of approval or rejection of Second Reading
A Section 76(2) Bill must be referred to —Process after mediation
318. Process if mediation successful
319. Consequences of unsuccessful mediation
A Section 76(2) Bill lapses in terms of Joint Rule 190 if mediation is unsuccessful.²² If mediation between the Houses on a Section 76(1) Bill fails, the Bill can still be passed if the Assembly can muster a two-thirds majority. This deadlock-breaking mechanism is not available when the Bill is a Section 76(2) Bill, i.e. where the Bill has been introduced in the Council. In terms of the Constitution, a Section 76(2) Bill lapses if mediation fails.Part 8 – Specific rules applicable to money Bills
320. Contents of money Bills
In terms of Section 77(1) of the Constitution a money Bill may not deal with any other matter except a subordinate matter incidental to the appropriation of money or the imposition of taxes, levies or duties.321. Introduction of money Bills
322. Procedure applicable to money Bills
323. Special introductory procedure
324. Bill placed on Order Paper for First Reading
325. Referral of Bill to Assembly committee
326. Consideration of schedule to appropriation Bill
When the First Reading of an appropriation Bill which has a schedule has been approved, the votes in the schedule must be discussed.327. Supplementary estimates in main appropriation Bill
When the debate on the schedule to a main appropriation Bill has been concluded, those votes in respect of which supplementary amounts are to be requested, must be placed on the Order Paper for discussion.328. Approval of votes and schedule
The Assembly must first decide on the separate votes in the schedule to an appropriation Bill (in the case of a main appropriation Bill, when the debate on supplementary amounts has been concluded) and thereafter on the schedule.329. Second Reading of money Bill
330. Money Bill rejected or passed subject to amendments by Council
Part 9 – General
331. Second vote on Bill rejected through absence of members
332. Same Bill may not be introduced more than once
When a Bill has been passed or has been rejected during a session in any year, no Bill of the same substance may be introduced in the Assembly in that year except by leave of the Assembly or where otherwise provided in these rules.333. Lapsing of Bills on last sitting day of annual session or term of Assembly or when Assembly is dissolved
334. Withdrawal of Bill
The person in charge of a Bill introduced in the Assembly may withdraw the Bill at any time before the Second Reading of the Bill is decided.335. Discrepancies in versions of Bill
Chapter 14
Process for written instruments other than legislation
Part 1 – General
336. Application
This chapter applies to all written instruments received by the Assembly, other than draft legislation, that have to be formally dealt with in the parliamentary process.337. Tabling of written instruments in the Assembly
The Speaker must table the following instruments without delay, or if the Assembly is in recess, on its first day when the Assembly resumes its sittings:338. Referral of written instruments to committees
339. Consideration of matter by committees
A committee must deal with an instrument referred to it in terms of Rule 338 in accordance with any applicable procedures prescribed by these rules or the Joint Rules.340. Reporting by committees
Part 2 – International agreements
341. Submission to Parliament for approval
342. Tabling and referral to committee
343. Submission to Parliament for information
An international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, and which must be tabled in the Assembly in terms of Section 231(3) of the Constitution, must be referred by the Speaker for information —Part 3 – Petitions
344. Form of petitions
Petitions must be in the form prescribed by the Speaker in accordance with guidelines determined by the Rules Committee.345. Language of petitions
A petition must be in one of the official languages.346. Signing of petitions
347. Lodging
348. Approval by Speaker
Each petition must be deposited for at least one day with the Secretary, who must submit it to the Speaker for approval before it is tabled in the Assembly.349. Tabling
If a petition complies with these rules and the guidelines determined by the Rules Committee, the Speaker must approve it and table it in the Assembly without delay.350. Referral of petitions to committees
After tabling a petition in the Assembly, the Speaker must —Chapter 15
Miscellaneous
Part 1 – Lapsing of business before Assembly
351. Lapsing of business on last sitting day of annual session or term of Assembly or when Assembly is dissolved
Part 2 – Executive government
352. Communication of appointment of Cabinet members and Deputy Ministers and their assigned powers and functions
353. Resolutions affecting executive government
354. Consent in respect of state-owned land or property
The House may not proceed upon any Bill, motion or proposal affecting state-owned land or property³ and of which a member other than a Minister is in charge, unless the President of the Republic has given his or her consent that, as far as the state’s interests are concerned, the House may take such decision in regard thereto as it thinks fit.³ See State Land Disposal Act, 1961.Part 3 – Abuse of privilege
355. Abuse of privilege
356. Fines
The amount of a fine that can be imposed under the Powers and Privileges Act for each of the offences mentioned therein, and for each offence referred to in these rules or any resolution of the Assembly, must be determined in every case by a resolution of the Assembly, but such fine may not exceed the amounts provided in the Act.357. Recovery of fines
All fines must be recovered by the Secretary and paid into Parliament’s bank account.358. Fines remitted
A fine or portion thereof may be remitted by resolution of the Assembly.359. Request to have response recorded by persons other than members
The Secretary must refer to the Speaker any written request to have a response recorded by a person, other than a member, regarding a statement or remark made by an Assembly member, a Cabinet member or a witness in or before the Assembly, a committee or other forum of the Assembly, or in or before a joint sitting of the Houses or a joint committee.Part 4 – Witnesses
360. Summonsing of witnesses
Any person may be summonsed to appear before the House or a committee or other forum of the House in accordance with Sections 14 to 17 of the Powers and Privileges Act and these rules.361. Attendance of witnesses detained in prison
If a witness, whose attendance before the House or a committee or other forum thereof is required, is being detained in any prison, the person in charge of such prison may be ordered to bring the witness in safe custody for examination as often as his or her attendance is deemed necessary, and on the instruction of the Speaker the Secretary may issue his or her warrant accordingly.Part 5 – Office of Secretary and records of the Assembly
362. Records of National Assembly
The records of the National Assembly include —363. Minutes of Proceedings of National Assembly
The Minutes of Proceedings of the National Assembly and mini-plenary sessions must be recorded by the Secretary and, after having been perused by the Speaker, must be signed by the Secretary, printed and supplied to members.364. Journals of National Assembly
The Journals of the National Assembly comprise —365. Custody of papers
The Secretary has custody of all records and other papers of the National Assembly, and he or she may neither remove nor permit to be removed any such records or other papers beyond the precincts of this House without the leave of the Speaker.366. Access to tabled papers
Tabled papers are open to all members and to the public, unless otherwise ordered by the Speaker or by resolution of the House in respect of a particular paper, or part thereof, and subject to Rule 189 in respect of papers officially before or emanating from a committee or subcommittee or other forum.367. General duties of Secretary
The Secretary is responsible for the regulation of all matters connected with the business of the National Assembly, subject to such directions as he or she may receive from the Speaker or the House.History of this document
16 November 2022 amendment not yet applied
08 September 2022 amendment not yet applied
19 August 2021 amendment not yet applied
Amended by
Rules for the Election of Speaker
09 June 2020
03 December 2019
22 November 2018 this version
26 May 2016
Cited documents 4
Legislation 4
1. | Constitution of the Republic of South Africa, 1996 | 4488 citations |
2. | Recognition of Customary Marriages Act, 1998 | 164 citations |
3. | Marriage Act, 1961 | 108 citations |
4. | Civil Union Act, 2006 | 50 citations |