FIFTH SCHEDULE. PROCEDURE AS TO BILLS AND OTHER MATTERS IN PARLIAMENT (Sections 130 and 131)
PART 1. INTRODUCTION OF BILLS, MOTIONS AND PETITIONS
1. Interpretation in Fifth Schedule
In this Schedule “Money Bill” means a Bill that makes provision for–
imposing, increasing or reducing a tax for the benefit of the State;
appropriating money from, or imposing, increasing or reducing any charge on, the Consolidated Revenue Fund or any other fund vested in or controlled by the Government;
compounding or remitting a debt due to the State;
condoning a failure to collect a tax due to the State; or
condoning unauthorised expenditure by the Government.
2. House of origin of Bills
Any Bill may originate in the National Assembly.
Any Bill, other than a Money Bill, may originate in the Senate.
3. Members who may move Bills and motions
Subject to this Constitution and Standing Orders–
any Senator may introduce any Bill into the Senate or move any motion for debate in the Senate or present any petition to the Senate;
any Member of the National Assembly may introduce any Bill into the Assembly or move any motion for debate in the Assembly or present any petition to the Assembly;
any Vice-President, Minister or Deputy Minister may introduce any Bill into or move any motion for debate in or present any petition to either the Senate or the National Assembly.
any Member who has introduced a Bill into a House of Parliament may, after the Bill has been passed by that House, introduce the Bill into the other House.
4. Parliament not to deal with Money Bills or fiscal motions or petitions except on recommendation of Vice-President, Minister or Deputy Minister
Except on the recommendation of a Vice-President, Minister or Deputy Minister, neither House of Parliament may–
proceed upon any Bill, including an amendment to a Bill, which, in the opinion of the President of the Senate or the Speaker, as the case may be, is a Money Bill;
proceed upon any motion, including an amendment to a motion, whose effect, in the opinion of the President of the Senate or the Speaker, as the case may be, is that provision should be made for any of the following matters–
imposing, increasing or reducing a tax for the benefit of the State;
appropriating money from, or imposing or increasing any charge on, the Consolidated Revenue Fund or any other fund vested in or controlled by the Government;
compounding or remitting a debt due to the State;
condoning a failure to collect a tax due to the State; or
condoning unauthorised expenditure by the Government; or
receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be made for anything that is specified in subparagraph (b).
Subparagraph (1) does not apply to a Bill introduced, motion or amendment moved or petition presented by a Vice-President, Minister or Deputy Minister.
PART 2. PROCEDURE REGARDING BILLS
5. Transmission of Bills between Houses
A Bill which originated in one House of Parliament and has been passed by that House must be transmitted to the other House without delay, and the date of its transmission must be recorded in the journal of the House from which it is transmitted.
A Bill that has been transmitted to a House of Parliament must be introduced into that House without delay, and the House may reject the Bill or pass it with or without amendment.
A Bill which, having been transmitted to a House of Parliament in accordance with this paragraph, is passed by that House with amendments must be returned to the House where it originated with the amendments duly certified by the Clerk of Parliament, and the House to which it is returned may reject, agree to or amend any of those amendments.
If, after a Bill has been returned to its originating House in terms of subparagraph (3), any amendment made to it by the other House is rejected or amended by the originating House, the other House may, by message to the originating House pursuant to a resolution, withdraw the amendment or agree to its being amended.
6. Disagreement between Houses
Subject to this paragraph, if–
the Senate and the National Assembly have not agreed on amendments to be made to a Bill which originated in the National Assembly within ninety days after the Bill was introduced into the Senate;
the Senate and the National Assembly have not agreed on amendments to be made to a Bill which originated in the Senate within ninety days after the Bill was returned to the Senate; or
a Bill which originated in the National Assembly has been rejected or has not been passed by the Senate within ninety days after the Bill was introduced into the Senate;
the Bill may be presented to the President for assent and signature in the form in which it was passed by the National Assembly, except for minor changes required by the passage of time and any amendments on which the Senate and the National Assembly may have agreed.
If, in the opinion of the Speaker, a Bill which–
originated in the National Assembly; and
was introduced into the National Assembly within ninety days after a previous Bill originating in the Senate was introduced into the Senate;
contains provisions identical to those contained in that previous Bill, except for minor changes required by the passage of time, subparagraph (1) applies to the Bill as though the ninety-day periods in subparagraphs (a) and (c) of that subparagraph were periods of eight sitting days.
A Bill referred to in subparagraph (1) or (2) cannot be presented to the President for assent and signature unless, after the ninety-day period or eight-day period specified in the subparagraph concerned, the National Assembly has resolved that the Bill should be presented to the President for assent.
A Bill that is presented to the President for assent and signature in accordance with this paragraph must be accompanied by a certificate from the Speaker stating that the Bill is one to which this paragraph applies and that the requirements of this paragraph have been satisfied.
A Bill presented to the President in accordance with this paragraph is deemed to have been duly passed by Parliament in the form in which it is presented to the President.
For the purposes of this paragraph–
a Bill originating in the National Assembly is deemed to have been introduced into the Senate on the sitting day immediately after the date of its transmission to the Senate, as recorded in the journal of the National Assembly in terms of paragraph 5(1);
a Bill originating in the Senate is deemed to have been returned to the Senate on the sitting day immediately after the date on which it is returned for the first time to the Senate in accordance with paragraph 5(3).
This paragraph does not apply to Constitutional Bills or Money Bills.
7. Money Bills
The Senate does not have power to amend a Money Bill but may recommend that the National Assembly make amendments to it.
The Clerk of Parliament must certify every amendment which the Senate has recommended should be made to a Money Bill and must transmit the certified amendment to the National Assembly.
The National Assembly must consider any amendments transmitted to it under this paragraph and may incorporate them into the Money Bill concerned.
If the Senate does not pass a Money Bill within eight sitting days counted from the day the Bill was introduced into the Senate, the National Assembly may resolve that the Bill should be presented to the President, and the Bill may then be presented to the President in the form in which it was passed by the National Assembly.
A Money Bill that has been presented to the President pursuant to a resolution under subparagraph (4)–
is regarded as having been passed by Parliament in the form in which it was passed by the National Assembly; and
when it is presented to the President for assent and signature, must be accompanied by a certificate from the Speaker stating that the Bill was passed in terms of this paragraph.
PART 3. REPORTS OF PARLIAMENTARY LEGAL COMMITTEE
8. Reports of Parliamentary Legal Committee on Bills
Subject to this paragraph, neither House may give a Bill its final reading unless a report of the Parliamentary Legal Committee on the Bill has been presented to the House.
Subparagraph (1) does not apply to–
a Constitutional Bill; or
any Bill on which the Parliamentary Legal Committee has already reported unless the Bill has been amended since that report.
If the Parliamentary Legal Committee has not reported on a Bill within the period specified in Standing Orders, or within any extension of that period granted in accordance with Standing Orders, the Committee must be presumed to be of the opinion that no provision of the Bill, if enacted, would contravene this Constitution, and the House concerned may proceed with the Bill as if the Committee had reported accordingly.
Subject to subparagraphs (5) and (6), if the Parliamentary Legal Committee reports that a provision of a Bill, if enacted, would contravene this Constitution, the House concerned must consider the report and, if the House resolves that the provision concerned would contravene this Constitution, the House must not pass the Bill containing that provision.
When a House considers a report of the Parliamentary Legal Committee referred to in subparagraph (4) regarding a Bill that was introduced by a Vice-President, Minister or Deputy Minister, the person who introduced the Bill must be given a reasonable opportunity to respond to the report.
If a House resolves in accordance with subparagraph (4) that a provision of a Bill, if enacted, would contravene this Constitution, a Vice-President or Minister may apply to the Constitutional Court within fourteen days after the resolution was passed for a declaration that the provision, if enacted, would be in accordance with this Constitution, and if the Constitutional Court makes such a declaration the House concerned may proceed to consider and pass the Bill containing that provision.
9. Reports of Parliamentary Legal Committee on statutory instruments
Before the Senate or the National Assembly considers a report of the Parliamentary Legal Committee that a provision of a statutory instrument contravenes this Constitution or its enabling Act, the Committee may withdraw the report if the Committee is satisfied that the provision has been repealed or amended in such a way as to remove the contravention.
If, after considering a report of the Parliamentary Legal Committee that a provision of a statutory instrument contravenes this Constitution, the Senate or the National Assembly resolves that the provision does contravene this Constitution, the Clerk of Parliament must report the resolution to the authority which enacted the instrument, and that authority must, within twenty-one days after being so notified, either–
apply to the Constitutional Court for a declaration that the statutory instrument is in accordance with this Constitution; or
repeal the statutory instrument.
Where an authority responsible for enacting a statutory instrument applies to the Constitutional Court for a declaration in terms of subparagraph (2)(a), the statutory instrument is suspended pending the Court’s decision.
If, after considering a report of the Parliamentary Legal Committee that a provision of a statutory instrument is ultra vires the enabling Act of Parliament, the Senate or the National Assembly resolves that the provision is ultra vires–
the provision thereupon ceases to have effect; and
the Clerk of Parliament must publish a notice in the Gazette without delay, giving public notice of the resolution and of its effect.
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