Lapsed bills - How bills escape the “Executioner”

Now that the Fifth Parliament is about to reconvene, what happens to the previous bills that were not finalised before the legislature’s term ended? Do they die? Does Parliament have to start from scratch? Not quite. People’s Assembly is here to give you a run-down on what happens to last term’s bills (16 in total).

According to the Parliamentary rules (rule 298 to be exact), on the last sitting of the National Assembly (NA), any bill that is on the table “lapses at the end of the day unless the National Assembly decides otherwise.” However, don't fret; this is not the end of the road. Once the NA is back in session, a motion can be tabled to revive bills that lapsed from the previous Parliament. According to our sources, there is an agreement to resuscitate all or most of the lapsed bills. Furthermore, it is important to highlight that if the NA agrees to restore any bill, the bill continues down the path that it was on before it lapsed and the legislative process does not begin anew.

One of the more interesting bills that lapsed is the “Women Empowerment and Gender Equality Bill.” This bill was introduced in 2013 and contained some controversial provisions. One of these was the requirement that political parties give 50% of meaningful representation to women. Opponents argued that the provision took away people’s right to choose and it was therefore unconstitutional. Additionally, some legislators had expressed concerned that the bill did not protect the Lesbian, Gay, Bisexual, Transgender and Intersex Persons (LGBTI) and was therefore ineffective. Moreover, some thought that there was enough legislation that dealt with gender equality, and that those should be amended instead of introducing a new bill. In the end, amendments were made to protect the LGBTI community, and the clause requiring 50% of representation for woman was erased, and a more general clause of 50% representation in decision-making structures was kept in its stead. The bill eventually made it to the NCOP, where it was further discussed and amended. A lot of the discussion dealt with empowerment of black women and the most effective way of empowering women. The committees eventually came to agreement and the bill was sent back to the National Assembly, where it lapsed. Due to the ongoing focus on how to empower women and women in leadership positions, we will be keeping a close eye on this bill and its development. Furthermore, we will continue to keep track on other bills – Click Bill Tracker to get updated!

See the full list of lapsed Bills below:

LAPSED BILLS (Prepared by Bills Office) (12 June 2014)

A. ON NA ORDER PAPER FOR SECOND READING / CONSIDERATION

1. Integrated Coastal Management A/B [B 8F-13 (s76)] (mediated)
2. Special Investigating Units & Tribunals A/B [PMB 5-13 (s75)]
3. Constitution 18th A/B [PMB 6-13 (s74)]
4. Constitution 19th A/B [PMB 7-13 (s74)]

B. RETURNED TO NA BECAUSE OF NCOP AMENDMENTS

1. Women Empowerment Bill [B 50D-13 (s76)] - WCPD
2. Rental Housing A/B [B 56D-13 (s76)] – Human Settlements
3. Financial Management of Parliament A/B [B 1B-14 (s76)] - Finance

C. BEFORE NA COMMITTEES

1. Water Research A/B [B 29-13 (s75)] – Env Affairs
2. Development Bank of Southern Africa A/B [B 2–14 (s75)] – Finance
3. Appropriation Bill [B 4-14 (s77)] - Appropriations
4. Medicines & Related Substances A/B [B 6–14 (prop s75)] – Health
5. Unemployment Insurance A/B [B 7–14 (prop s75)] – Labour
6. Business Interests of Govt Employees Bill [PMB 4-13 (s76)] – Public Service
7. Defence A/B [PMB 8-13 (s75)] – Defence
8. Medical Innovation Bill [PMB 1–14 (s76)] – Health
9. Protection of Crucial Infrastructure Bill [PMB 2–14 (s76)] – Defence

_ By Camila Rodriguez, J.D. Candidate 2016_