Proposed changes to National Assembly Rules on Questions: deliberation

Meeting report

SUBCOMMITTEE ON REVIEW OF NATIONAL ASSEMBLY RULES
30 January 2002
PROPOSED CHANGES TO NATIONAL ASSEMBLY RULES ON QUESTIONS: DELIBERATION

Relevant Documents:
Proposed Changes to NA Rules on Questions as of 31/01/02 [incorporating Parliamentary Law Advisor's proposal and the DP's proposals as two options (see Appendix 1)
DP Proposals: Changes to NA Rules on Questions (see Appendix 2)
Changes to Rule 25 and 26 (see Appendix 3)
Letter from State Law Advisor Supporting Amendments

Chairperson: Adv JH De Lange

SUMMARY
The Committee considered two sets of proposals to the National Assembly Rules on Questions. One was amendments proposed by the Parliamentary Law Advisors and the other by the Democratic Party. Minor adjustments to both proposals were suggested and the Parliamentary Law Advisor was tasked with reformulating the changes. These amendments will be sent as options for consideration by the NA Rules Committee.

MINUTES
Adv de Lange pointed out that there were now two proposals before the Committee. One from the DP and the other drafted by the Parliamentary Law Advisor, Adv Meyer.

He noted that the proposal by the Parliamentary Law Advisor had been fully supported by the State Law Advisor saying that the latter is in agreement with the amendments that had been called for.

Amendments proposed by the Parliamentary Law Advisor
Quorum
Rule 25 - The Chairperson pointed out that Mr Meyer had put in subrule 25(1) to say that the Assembly may proceed with its business irrespective of the number of members present, but that it may only vote on a Bill or decide a question if a quorum is present.

Absence of Quorum
Rule 26 - The Chairperson said the issue of adjournment has been removed to bring the rule in line with the Constitution.

Notice and placing of questions
Rule 107(4) - Mr Karreman (Questions Section) pointed out that this rule refers to the order or sequence in which questions are received.

Questions for oral reply
Form and arrangement of questions
Rule 108 (9) - The Chairperson pointed out that the cross reference to 109(2A) would only be necessary if there would be rotation in clusters.

Mr Swarts (ACDP) proposed that the use of an asterix to signify an oral question be changed. It was agreed that this would be changed and such a question would be endorsed to that effect. Mr Meyer would formulate the right wording to effect the amendment.

Rule 109(1) - The Chairperson said he is not certain if the intention is to give the Chief Whip's Forum the powers in the subrule. He said it would be for the NA Rules Committee to decide.

Rule 109(2A) - The Chairperson said his personal view is that the amendment should encourage the accountability of all Ministers.

Mr Ellis said they should not be forced to ask questions from certain Ministers when they would have preferred to address questions to other Ministers.

The Chairperson said Mr Ellis' concern would be addressed by written questions. He said he would lobby for support in the ANC regarding this issue because he felt some Ministers did not take questions by Parliament seriously.

Mr Meyer noted that the idea was to limit the number of questions per Minister per Member and to prioritise questions in order of party priority.

Rule 109(3) - The Chairperson said the amendment seeks to amalgamate two rules dealing with questions that have not been answered. He said there should be a note under rule 115(3) saying it should be read with 109(3). He said parties would have to look at the rule and decide.

Rule 109(5) - Mr Ellis (DP) said he would urge that the number of questions per Minister be kept at eight.

The Chairperson said that would be looked at.

Urgent Questions
Rule 112(3) - The Chairperson noted that what had been added here was to remedy a glaring omission, namely that the Speaker should consult with the Leader of Government Business before approving an urgent question.

Questions Standing Over
Rule 115(3) - Mr Mansura (National Assembly Table) felt that something should be included here to cater for collective responsibility in government so that a Deputy Minister or other Minister in a cluster may stand in for an absent Minister.

DP PROPOSALS
Notice and placing of questions
Rule 107(6) - Mr Ellis said his party felt that instead of only the Speaker having a say on a question which offends against practice or rules, the member who asked it should be afforded an opportunity of amending it by having it returned to him.

Form and arrangement of questions
Rule 108(7) - Mr Ellis indicated that the subrule is not out and that placing it in square brackets was a mistake and these should be omitted.
Rule 108(8) - He said they have included a subrule to cater for the determination of the sequence of questions on the question paper.

Questions to Ministers
Rule 109(3) - Mr Ellis said the words in square brackets should be deleted to make Ministers more accountable and not make it too easy for them to miss questions.

Questions to Deputy President
Rule 110(2) - Mr Ellis said he cannot see why the Deputy President is not able to answer questions in the two houses. He proposed the exclusion of the words "or the Deputy President is scheduled to answer questions in the NCOP".

Rule 110(5) - Mr Meyer said he would prefer the sequence of questions to be left at the general provision in 108(8).
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Questions to President
Rule 111(6)(a) - Mr Meyer advised that the reference to "numerical strength" of parties be changed as this refers to proportional representation of parties, which allows the largest represented party to ask most questions.

Urgent questions
Rule 112(2A) - The Chairperson proposed that the reference to "in consultation with" be changed to "after consultation with" a whip. The DP agreed.

Unanswered questions
Rule 114(2) - Mr Ellis said the DP felt that some pressure should be put on departments to ensure that they answer questions or give reasons why such questions remain unanswered.

Mr Meyer said it is of doubtful constitutional value, and of doubtful value in practice for Parliament to seek to bind departments to provide reasons. He suggested that the seeking of reasons be put in the passive.

It was agreed that the Minister instead as a member of Parliament must be required to provide reasons instead of the Department.

Rule 114(2)(a) - the subrule has to be reworded to say "question is not answered" instead of "question is standing over".

Questions standing over
Rule 115 - Mr Ellis expressed concern that some Ministers have found it too easy not to arrive for questions or not to reply to questions. Due to this concern the DP has included subrule (1A).

Mr Mansura proposed that the provision of subrule (1A) be included in subrule (1)(a) and this was agreed to.

The Chairperson said the DP should get together with Mr Meyer and effect the discussed changes to its proposals. After this Mr Meyer would finalise the wording of the two proposals and bring them to the Chairperson to look at. The proposals would then be send to the Rules Committee for their meeting on 5 February. The meeting was adjourned.

Appendix 1:
This appendix includes the changes made as a result of this meeting's deliberations:
31-01-2002
PROPOSED AMENDMENTS TO RULES ON QUESTIONS
OPTION 1

1. Replace Chapter 10 with the following Chapter:

CHAPTER 10

QUESTIONS

Part 1: General

Notice and placing of questions

107. (1) Except as otherwise provided in these Rules or with the prior consent of the Speaker -
notice must be given of each question by placing it on the
Question Paper;
no question for oral reply may be asked on the day on which
notice thereof is given.

(2) A member who wants to give notice of a question must deliver to the Secretary, for placement on the Question Paper, a signed copy of the notice, indicating the day on which the question will be put.

(3) Questions delivered to the Secretary before 12:00 on any working
day may appear on the Question Paper on the second sitting day thereafter and not earlier.

(4) Subject to rules 108(7), 109(2A), 110(3) and 111, the Secretary must place the questions on the Question Paper in the order in which they are received.

(5) No question may be addressed to any person other than a member of the Cabinet.

(6) If a notice of a question offends against the practice or these Rules the Speaker may either amend the question or return it to the member who submitted it.

(7) A member may give notice or take charge of a question on behalf of an absent member if the member has been authorised to do so by the absent member.

Part 2: Questions for oral reply

Form and arrangement of questions

108. (1) A member who wants an oral reply to a question must write the words "for oral reply" on the copy of the notice of the question delivered to the Secretary in terms of rule 107(2).

(2) A question for oral reply may not contain more than five subdivisions.

(3) If the Speaker is of the opinion that a question deals with a matter of a statistical nature, the Speaker may direct that the question be placed on the Question Paper for written reply.

(4) Questions for oral reply are limited to two questions per member per question day.

(5) The restrictions imposed by subrule (4) and by rules 109(5), 110(4) and 111(5) do not apply to questions -
(a) approved as urgent questions in terms of rule 112;
(b) standing over in terms of rule 114(2)(a) or 115(1); or
(c) transferred from written to oral reply in terms of rule 117.

(6) A question for oral reply may be placed on the Question Paper for reply on a day at least five working days after the day on which it
appears on the Question Paper for the first time.

(7) An authorised representative of a party may before 12:00 on the
Wednesday before the question day on which questions put by members of that party are to be answered, notify the Secretary in writing of the order in which those questions are to be placed on the Question Paper.

NOTE: Parties would have to identify authorised representatives.

(8) Questions that cannot be placed on the Question Paper for oral
reply because of quotas must be placed as questions for written reply.

(9) Subject to rule 109(2A), the sequence of questions on the Question Paper rotates on a continuous basis for the duration of an annual session according to the order in which members of the respective parties may put questions. That order is determined by the Chief Whips' Forum from time to time.

Questions to Ministers

109. (1) Questions for oral reply by Ministers must be dealt with in accordance
with three clusters of portfolios of government affairs, as determined from time to time by the Chief Whips' Forum in consultation with the Leader of Government Business, and published in the ATC.

[NOTE: This would give functions to the Chief Whips' Forum that it does not have at present. If this subrule is agreed to, the following consequential amendment will have to be made to rule 221:
RULE 221: Amend rule 221 by the addition of the following subrule, the existing subrule becoming subrule (1):
(2) The Forum must perform any other functions assigned to it by these Rules or resolutions of the Assembly.]

(2) The clusters rotate on a weekly basis, so that questions relating to each respective cluster are answered every third question day (subject to subrules (3) and (4)).
OPTION:
(2A) Within a cluster questions on the Question Paper to the various Ministers rotate on a continuous basis.

If a Minister is absent on a day when questions relating to the relevant
cluster are to be answered and those questions are not answered by another Cabinet Member or by the Deputy Minister concerned, the Speaker may, if requested to do so by the member in whose name a question to that Minister stands, and after consultation with the Leader of Government Business, direct that -
the questions to that Minister be placed on the Question Paper for the first question session for Ministers following that day; and
an additional 30 minutes be added to the question time
for that session to accommodate questions to that Minister.
NOTE:
If the underlined part of this subrule is accepted, rule 115(3) could be omitted.

(4) Questions to Ministers must not be scheduled for a day on which the
President is scheduled to answer questions in the Assembly.

(5) The number of questions to a Minister is limited to eight questions per question day in respect of any one department of state.
NOTE:
If there is to be rotation of Ministers within a cluster in terms of the option in (2A), the number of questions per Minister could be reduced to five.

(6) Where the order in which questions are put to Ministers according to rule 108(9) is interrupted at the end of a question session, the next question session to Ministers starts from the point where the order was so interrupted.

Questions to Deputy President

110. (1) Questions to the Deputy President must be scheduled for a question day once every second week.

(2) If that day falls within a week in which -
(a) the President is scheduled to answer questions in the
Assembly; or
(b) the Deputy President is scheduled to answer questions in the
Council,
questions to the Deputy President must not be scheduled for that week, but for the following week.

(3) Questions to the Deputy President have precedence over questions
to Ministers.

(4) The number of questions to the Deputy President is limited to four
questions per question day.

(5) Where the order in which questions are put to the Deputy President according to the rule 108(9) is interrupted at the end of a question session to the Deputy President, the next question session to the Deputy President starts from the point where the order was so interrupted.

Questions to President

111. (1) Questions to the President must be -
(a) scheduled for a question day once every three months; and
(b) limited to matters of national or international importance.

OPTION:
(1) Questions to the President must be-
limited to matters of national or international importance; and
scheduled for a question day four times a year, as follows:
the first, before the end of March;
(ii) the second before the end of June;
(iii) the third before the end of September; and
(iv) the fourth before the end of November.

(2) All other questions relating to the Presidency must be directed to the Deputy President or the Minister in the Presidency.

(3) Questions to the President must be submitted to the Secretary before 12:00 on the Monday, 16 days before the question day on which they are to be answered.

(4) The Secretary must submit the questions to the Speaker for approval.

(5) The number of questions to the President is limited to six questions
per question day.

Where the order in which questions are put to the President according
to rule 108(9) is interrupted at the end of a question session, the next question session to the President starts from the point where the order was so interrupted.

Urgent questions

112. (1) A member may, with the permission of the Speaker, place an urgent
question for oral reply on the Question Paper for a question day on which
such a question would not normally be dealt with.

(2) A member who wants to place an urgent question on the Question
Paper must deliver a signed copy of the question to the Speaker before 12:00 on the Tuesday in the week preceding the week in which the question is to be answered, clearly indicating that it is an urgent question.

(3) The Speaker must consult the Leader of Government Business before approving an urgent question.

(4) If the Speaker approves an urgent question, it must appear on the Question Paper before or on the Friday of the week preceding the week in which the question is to be answered.

Times allotted and time limits

113. (1) Questions for oral reply have precedence on Wednesdays.

(2) The time allotted for questions is two hours.

(3) The reply to a question is limited to three minutes, but if the presiding officer is of the opinion that the matter is of sufficient importance an additional two minutes may be allowed.

(4) In respect of each question, four supplementary questions may be
asked.

(5) The member in whose name a question stands or who takes charge of a question in terms of rule 107(7), must be given the first opportunity to ask a supplementary question.

A member who asks a supplementary question may make a statement
or express an opinion, but may not speak for more than one minute.

A supplementary question may not consist of more than one question.

The reply to a supplementary question is limited to two minutes.

Unanswered questions

114. (1) Replies to questions for oral reply which have not been reached at the
end of the time allotted on a question day, must be submitted to the Secretary for inclusion in the Official Report of the Debates of the Assembly.

(2) If a reply to such a question is not received by the Secretary by 12:00 on the Thursday following the question day concerned -
(a) the question must be regarded as standing over; and
(b) in the case of a question that has stood over in terms of
paragraph (a) or rule 115(1) from a previous question day, the
Question Paper must be endorsed to the effect that the
question has not been replied to.

(3) Subrule (1) does not apply where questions to a Minister are put on the Order Paper for the following question day in terms of a direction by the Speaker under rule 109(3).

Questions standing over

115. (1) A question for oral reply must stand over if the person to whom it is
addressed -
so requests, either in the Assembly when the question
comes up for reply, or by notice in writing to the Secretary before the start of question time on the day for which it is on the Question Paper; or
is not present in the Assembly when the question
comes up for reply and the question is not replied to by someone else on his or her behalf.

NOTE: This rule could make it easy for the object of the whole cluster system to be undermined.

(2) Subject to a direction by the Speaker under rule 109(3), a question that stands over in terms of subrule (1) or rule 114(2) must be -
placed on the Question Paper for reply on the next
question day on which the person to whom it is addressed is scheduled to reply to questions; and
must be published at the end of the Question Paper,
but may be prioritised in terms of rule 108(7).

(3) Despite subrule (2)(a), a question standing over because the person to whom it was addressed was not present in the Assembly when the question came up for reply, must be placed on the Question Paper for reply on the first question day following the day for which it was initially placed, if the member in whose name the question stands, or who takes charge of a question in terms of rule 107(7), so requests.

NOTE: See note after rule 109(3) - subrule (3) to be omitted if rule 109(3) is accepted as proposed.

(4) A question for oral reply may not stand over more than once.

(5) If a question standing over is not answered, either orally or in terms of rule 114(1), the Question Paper must be endorsed to the effect that the question has not been replied to.

Part 3: Questions for written reply

Form and placing of questions

116. (1) A question for written reply -
may be placed on the Question Paper for any working day;
must be delivered to the Secretary before 12:00 on the
Tuesday of the week during which it is to be placed on the
Question Paper for reply.

(2) A question for written reply may not contain more than 15
subdivisions.

(3) Questions for written reply are limited to three questions per member per week.

(4) The restriction imposed by subrule (3) does not apply to questions referred to in rule 108(8).
(5) If a question standing over is not answered, either orally or in terms of rule 114(1), the Question Paper must be endorsed to the effect that the question has not been replied to.

Written reply not given

If the responsible Cabinet member has not replied in writing to a question within 10 working days of the day for which the question was set down for written reply, and the member in whose name the question stands, or who takes charge of a question in terms of rule 107(7), so requests, the Secretary must place the question on the Question Paper for oral reply.

Appendix 2:

DP PROPOSALS
PROPOSED CHANGES TO NATIONAL ASSEMBLY
RULES ON QUESTIONS:
DP Proposals underlined (insertions) or square bracketed in bold (omissions).
In addition DP also propose that existing rules regarding interpellations be retained.

1. Replace Chapter 10 with the following Chapter:

CHAPTER 10
QUESTIONS

Part 1: General

Notice and placing of questions

107. (1) Except as otherwise provided in these Rules the Speaker -
(a) notice must be given of each question by placing it on the Question Paper;
(b) no question for oral reply may be asked on the day on which notice thereof is given.
or with the prior consent of
(2) A member who wants to give notice of a question must deliver to the Secretary, for placement on the Question Paper, a signed copy of the notice indicating the day on which the question will be put.

(3) Questions delivered to the Secretary before 12:00 on any working day may appear on the Question Paper on the second sitting day thereafter and not earlier.

(4) Subject to rules 108(7), 110(3) and 111, the Secretary must place the questions on the Question Paper in the order in which they are received.

(5) No question may be addressed to any person other than a member of the Cabinet.

(6) A notice of a question which offends against the practice or these Rules may be amended or returned to the member who submitted the question for amendment.
(7) A member may give notice or take charge of a question on behalf of an absent member if the member has been authorised to do so by the absent member.

Part 2: Questions for oral reply

Form and arrangement of questions

108. (1) A member who wants an oral reply to a question must distinguish it by an asterisk on the copy of the notice of the question delivered to the Secretary in terms of rule 107(2).

(2) A question for oral reply may not contain more than five subdivisions.

(3) If the Speaker is of the opinion that a question deals with a matter of a statistical nature, the Speaker may direct that the question be placed on the Question Paper for written reply.

(4) Questions for oral reply are limited to two questions per member per question day.

(5) The restrictions imposed by subrule (4) and by rules 109(5), 110(4) and 111(5) do not apply to questions -
(a) approved as urgent questions in terms of rule 112;
(b) standing over in terms of rule 1 14(2)(a) or 115(1); or
(c) transferred from written to oral reply in terms of rule 117.

(6) A question for oral reply may be placed on the Question Paper for reply on a day at least three working days after the day on which it appears on the Question Paper for the first time.

(7) Questions that cannot be placed on the Question Paper for oral reply because of quotas must be placed as questions for written reply.

(8) The sequence of Questions on the Question Paper will determined by drawing randomly those Questions which have been submitted for reply for the day in Question

Questions to Ministers

109. (1) Questions for oral reply by Ministers must be dealt with in accordance with two clusters of portfolios of government affairs, as determined by the Chief Whips' Forum in consultation with the Leader of Government Business, and published in the ATC.
(2) The clusters rotate on a weekly basis, so that questions relating to each respective cluster are answered every second questions day (subject to subrules (3) and (4)).

(3) If a Minister is absent on a day when questions relating to the relevant cluster are to be answered [and the Speaker after consultation with the Leader of Government Business so directs]-
(a) questions to that Minister must be placed on the Question Paper for the first question session for Ministers following that day; and
(b) an additional 30 minutes must be added to the question time for that session to accommodate questions to that Minister.

(4) Questions to Ministers must not be scheduled for a day on which the President is scheduled to answer questions in the Assembly.

(5) The number of questions to a Minister is limited to ten questions per question day in respect of any one department of state.

(6) The sequence of Questions on the Question Paper will be determined by a random draw of those questions which have been submitted for reply for the day in question.

Questions to Deputy President

110 (1) Questions to the Deputy President must be scheduled for a question day once every second week.

(2) If that day falls within a week in which the President is scheduled to answer questions in the Assembly [or the Deputy President is scheduled to answer questions in the NCOP] questions to the Deputy President must not be scheduled for that week, but for the following week.

(3) Questions to the Deputy President have precedence over questions to Ministers.

(4) The number of questions to the Deputy President is limited to ten questions per question day.

(5) The sequence of Questions on the Question Paper will be determined by a random draw of those Questions which have been submitted for reply for the day in question.

Questions to President

111. (1) Questions to the President must be -
(a) scheduled for a question day once every three calendar months; and
(b) limited to matters which fall within the responsibility of the President"

(2) All other questions relating to the Presidency must be directed to the Deputy President or the Minister in the Presidency.

(3) Questions to the President must be submitted to the Secretary before 12:00 on the Monday, 9 days before the question day on which they are to be answered.

(4) A Notice of a question to the President which offends against the Practice or these Rules may be amended or returned to the Member for amendment.

(5) The number of questions to the President is limited to ten questions per question day.

(6) (a) The ordering of questions to the President shall be according to the numerical strength of the Parties in the Assembly.

(b) Where the order in which Questions are Put to the President according to Paragraph (a) is interrupted at the end of a Question session the next Question session to the President starts from the Point where the order was so interrupted.

Urgent questions

112. (1) A member may, with the permission of the Speaker, place an urgent question for oral reply on the Question Paper for a question day on which such a question would not normally be dealt with.

(2) A member who wants to place an urgent question on the Question Paper must deliver a signed copy of the question to the Speaker before 12:00 on the Tuesday in the week preceding the week in] Monday prior to the Wednesday on which the question is to be answered, clearly indicating that it is an urgent question.
(2A) The Speaker, in consultation with a whip representing the member who submits the urgent Question, must approve the urgent Question before it is placed on the Order Paper for the Wednesday on which it is replied to.

(3) If the urgent Question is approved it must -
(a) be submitted to the office of the Minister to whom it is addressed by close of business on the day on which it is submitted and
(b) appear on the Order Paper on the Wednesday on which it is replied to.

Times allotted and time limits

113. (1) Questions for oral reply have precedence on Wednesdays.

(2) The time allotted for questions is two hours.

(3) The reply to a question is limited to three minutes. [but if the presiding
officer is of the opinion that the matter is of sufficient importance an additional two minutes may be allowed].

(4) In respect of each question, four supplementary questions may be asked.

(5) The member in whose name a question stands or who takes charge of a question in terms of rule 107(7), must be given the first opportunity to ask a supplementary question.

(6) A member who asks a supplementary question may make a statement or express an opinion, but may not speak for more than one minute.

[(7) A supplementary question may not consist of more than one question].

(8) The reply to a supplementary question is limited to two minutes.

Unanswered questions

114. (1) Replies to questions for oral reply which have not been reached at the end of the time allotted on a question day, must be submitted in writing to the Secretary for inclusion in the Official Report of the Debates of the Assembly.

(2) If a reply to such a question is not received by the Secretary by the end of business on the Wednesday when the reply was due -
(a) the department must instead submit in writing the reason why the question is standing over; and
(b) in the case of a question that has stood over in terms of paragraph (a) or rule 115(1) from a previous question day, the Question Paper must be endorsed to the effect that the question has not been replied to.

(3) This rule does not apply where questions to a Minister have to be put on the Order Paper for the following question day in terms of a direction by the Speaker under rule 109(3).

Questions standing over
115. (1) A question for oral reply must stand Over if the person to whom it is addressed
(a) so requests, either in the Assembly when the question comes up for reply, or by notice in writing to the Secretary before the start of question time on the day for which it is on the Question Paper; or
(b) is not present in the Assembly when the question comes up for reply and the question is not replied to by someone else on his or her behalf.

(lA) A Minister who wants a Question to stand over must
submit reasons in writing to the Secretary why the Question cannot be replied to on the date for which it is set down for reply.

(2) A question that stands over in terms of subrule (1) or rule 114(2) must be
(a) placed on the Question Paper for reply on the first Question day following the day for which it was initially placed,
(b) must be published at the end of the Question Paper, but may be prioritised in terms of rule 108(7).

[(3) Despite subrule (2)(a), a question standing over because the person to whom it was addressed not present in the Assembly when the question came up for reply, must be placed on the Question Paper for reply On the first question day following the day for which it was initially placed, if the member In whose name the question stands, or who takes charge of a question in terms of rule 107(7), so requests.]

(4) A question for oral reply may not stand over more than once.

[(5) If a question remains unanswered after standing over, rule 114(2) applies to that question.]

Part 3: Questions for written reply

Form and placing of questions

116. (1) A question for written reply
[(a) may be placed on the Question Paper for any working day
(b)] must be delivered to the Secretary before 12:00 on the Tuesday of the week during which it is to be placed on the Question Paper for reply.

(2) A question for written reply may not contain more than 15 subdivisions.

(3) Questions for written reply are limited to four questions per member per week.

(4) The restriction imposed by subrule (3) does not apply to questions referred to in rule 108(8).

Written reply not given

117. If the responsible Cabinet member has not replied in writing to a question within 10 working days of the day for which the question was set down for written reply, and the member in whose name the question stands, or who takes charge of a question in terms of rule 107(7), so requests, the Secretary must place the question on the Question Paper for oral reply.

Appendix 3:

QUORUM (Rules 25, 26 and 27)

1. Replace rules 25 and 26 with the following rules:

Quorum

25(1) 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 subrule (2).

(2) 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.

Absence of quorum

If the attention of the presiding officer is called to the absence of the prescribed quorum when a question is put for decision and if after an interval of five minutes, during which time the bells must be rung there is still no quorum, the presiding officer may suspend the proceedings or postpone the decision of the question.

2. Delete Rule 27.

CERTIFICATION OF BILLS

1. Amend rule 243 by inserting the following subrules after rule 243(1):

(1A) A Bill introduced by a Cabinet Member or Deputy Minister must be certified by a State law adviser as being

(a) consistent with the Constitution; and

(b) properly drafted in the form and style which conforms to legislative practice.

(1B) If a Bill is not certified as contemplated in subrule (1 A), the Bill must be accompanied by a report or legal opinion by a state law adviser on why it has not been so certified.