Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831253696.pdf (South Africa)
EFFECTIVE USE & INTERPRETATION OF THE RULES AUTHORITY OF RULES • The House has the • power to determine and control internal arrangements, proceedings and procedures • power to make rules and order concerning own business • The Rules must regulate • establishment, duration, powers, functions and procedures of committee • participation of all provinces in the proceeding • participation of minority parties whenever a matter is to be determined in terms of section 75 Section 70 of the Constitution TYPES OF RULES • House Rules, Practices, Processes, Procedures and Conventions • applicable only to the House and its Committees • Joint Rules, Practices, Processes, Procedures and Conventions • applicable to Joint Sittings and Joint Committees • Some House Rules, Practices, Processes, Procedures and Conventions are similar to/same as Joint Rules, Practices, Processes, Procedures and Conventions • Rules of Debate • Rules of Conduct THE IMPORTANCE OF THE RULES Should there be Rules – to avoid/limit/control chaos in the House and its Committees?
IMPORTANCE OF RULES Rules determine among others • how Delegates may participate in the proceedings • matters affecting provinces • matters not affecting provinces • committee processes and proceedings • rights and obligations of Delegates freedom of speech and limitations requests for debates on matters of urgent public importance • • • timeframes for processes • Consideration of bills • Question • Debates • motions WHY THE DISTINCTION • Each House has own processes, procedures, practices and conventions • Mandating • Voting – bills affecting provinces/not affecting provinces • Declarations – the substance of a matter before the House • Divisions – matters not affecting provinces • To apply Rules relevant to the business of the House and its Committees • To properly interpret the Rules in accordance with • Processes • Procedures • Practices • Conventions PRIVILEGE & IMMUNITY Privilege of freedom of speech in the House and its committees • Immunity from civil or criminal liability • to ensure that Delegates represent the electorate freely, fairly and without interference from the outside world • Debates are conducted in a manner consistent with the decorum of the House • Privilege of freedom of speech is limited by the Rules • use of offensive language • prohibition of repetitive and irrelevant argument • Interruption of another Delegate Section 71 of the Constitution INTERPRETATION OF RULES • Rules must be • consistent with the Constitution • interpreted within the context of the Constitution • Purposive/literal/primary/secondary interpretation • what the rule seeks to achieve/literal meaning • Flexibility of the Rules to give effect to the business of the House and Committees • Suspension of Rules EFFECTIVE USE OF RULES • Oversight and accountability • questions/follow-up questions to the Executive • debates • motions • inquiries • power to summon/subpoena • Law-making • propose legislation • amend legislation affecting provinces • propose amendment to legislation not affecting provinces EFFECTIVE USE OF RULES • Facilitation of public involvement • public hearings • feedback to communities/constituencies • petitions on behalf of communities/constituencies THANK YOU