National Council of Provinces
Encyclopedia
The National Council of Provinces (NCOP) is the upper house
of the Parliament of South Africa
under the (post-apartheid) constitution
which came into full effect in 1997. It replaced the former Senate
, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces
, rather than directly representing the people.
, and each legislature then nominates a delegation of ten members to the NCOP. (Thus, each of South Africa's
nine provinces
has equal representation in the Council regardless of population.) Each provincial delegation consists of six permanent delegates, who are nominated for a term that lasts until a new provincial legislature is elected, and four special delegates. One of the special delegates is the province's Premier
, or another member of the provincial legislature designated by the Premier, while the other three special delegates are designated ad hoc by the provincial legislature. The party representation in the delegation must proportionally reflect the party representation in the provincial legislature, according to a formula included in the Constitution. A delegation from the South African Local Government Association (SALGA), which represents the municipalities
, may also attend sittings of the NCOP, but may not vote.
After the elections of 22 April 2009
, the makeup of the NCOP was as follows:
, and also has the power to initiate legislation in the functional areas where Parliament and the provincial legislatures have concurrent legislative power ("Schedule 4 areas").
The NCOP has three decision-making mechanisms depending on the type of bill:
In considering Section 74 and 76 bills, each delegation must vote in accordance with a mandate approved by the provincial legislature that it represents.
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
under the (post-apartheid) constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
which came into full effect in 1997. It replaced the former Senate
Senate of South Africa
The Senate was the upper house of the Parliament of South Africa between 1910 and its abolition from 1 January 1981, and between 1994 and 1997.-1910-1981:...
, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces
Provinces of South Africa
South Africa is currently divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the constitution...
, rather than directly representing the people.
Composition
Election to the NCOP is indirect: citizens vote for provincial legislaturesProvincial legislature (South Africa)
In South Africa, a provincial legislature is the legislative branch of the government of a province. The provincial legislatures are unicameral and vary in size from 30 to 80 members depending on the population of the province...
, and each legislature then nominates a delegation of ten members to the NCOP. (Thus, each of South Africa's
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
nine provinces
Provinces of South Africa
South Africa is currently divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the constitution...
has equal representation in the Council regardless of population.) Each provincial delegation consists of six permanent delegates, who are nominated for a term that lasts until a new provincial legislature is elected, and four special delegates. One of the special delegates is the province's Premier
Premier (South Africa)
In South Africa, a Premier is the head of government of one of South Africa's nine provinces. The Premier of a province plays for that province a role similar to that played by the President for the country as a whole.-Election:...
, or another member of the provincial legislature designated by the Premier, while the other three special delegates are designated ad hoc by the provincial legislature. The party representation in the delegation must proportionally reflect the party representation in the provincial legislature, according to a formula included in the Constitution. A delegation from the South African Local Government Association (SALGA), which represents the municipalities
Municipalities of South Africa
Municipalities in South Africa are a division of local government that lie one level down from provincial government, forming the lowest level of democratically elected government structures in the country. The foundation for this layer of government is set out in Chapter 7 of the Constitution of...
, may also attend sittings of the NCOP, but may not vote.
After the elections of 22 April 2009
South African general election, 2009
South Africa held national and provincial elections to elect a new National Assembly as well as the provincial legislature in each province on 22 April 2009....
, the makeup of the NCOP was as follows:
Decisions
The NCOP may consider, amend, propose amendments to, or reject legislation. It must consider all national billsBill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, and also has the power to initiate legislation in the functional areas where Parliament and the provincial legislatures have concurrent legislative power ("Schedule 4 areas").
The NCOP has three decision-making mechanisms depending on the type of bill:
- "Section 74 bills" amend the ConstitutionConstitution of South AfricaThe Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
; they may not deal with any matters other than constitutional amendments and matters related to the amendments. A bill that amends section 1 of the constitution (which defines South Africa as a constitutional democratic republicRepublicA republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
), or amends the Bill of Rights, or amends any constitutional provision affecting the NCOP itself, provincial boundaries or powers, or other specifically provincial matters, must be passed by the NCOP. Each delegation has one vote, and six of the nine delegations must approve the bill for it to pass. Other constitutional amendments do not have to be passed by the NCOP, but they must be debated publicly in the NCOP. - "Section 76 bills" fall into any of the Schedule 4 areas, as well as various other laws specifically envisaged in the Constitution. In handling Section 76 bills, each delegation has one vote, and five of the nine delegations must approve the bill for it to pass.
- All other bills, specifically including money billMoney billIn the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
s, are "Section 75 bills". In handling Section 75 bills, each delegate in the NCOP has a vote, and the bill must be approved by a majority of members present for it to pass.
In considering Section 74 and 76 bills, each delegation must vote in accordance with a mandate approved by the provincial legislature that it represents.
Chairpersons
The following people have served as Chairperson of the NCOP:| Name | Term | Party |
|---|---|---|
| Patrick Lekota | 6 February 1997–21 June 1999 | ANC African National Congress The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a... |
| Naledi Pandor Naledi Pandor Naledi Pandor is the South African Minister of Science and Technology. She was appointed to the cabinet following the 2004 South African general elections.-Early life:... |
21 June 1999–4 May 2004 | ANC African National Congress The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a... |
| Joyce Kgoali | 4 May 2004–21 November 2004 | ANC African National Congress The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a... |
| M. J. Mahlangu M. J. Mahlangu Mninwa Johannes Mahlangu is a South African politician. He is a member of the African National Congress, the Chairperson of the National Council of Provinces, and a member of the Pan-African Parliament.-External links:*... |
21 November 2004–present (acting to 17 January 2005) | ANC African National Congress The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a... |