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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 4 – Parliament

National Legislative Process

79. Assent to Bills

 

 

1) The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration.

 

2) The joint rules and orders must provide for the procedure for the reconsideration of a Bill by the National Assembly and the participation of the National Council of Provinces in the process.

 

3) The National Council of Provinces must participate in the reconsideration of a Bill that the President has referred back to the National Assembly if :
a) the President's reservations about the constitutionality of the Bill relate to a procedural matter that involves the Council; or
b) section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill.

 

4) If, after reconsideration, a Bill fully accommodates the President's reservations, the President must assent to and sign the Bill; if not, the President must either :
a) assent to and sign the Bill; or
b) refer it to the Constitutional Court for a decision on its constitutionality.

 

5) If the Constitutional Court decides that the Bill is constitutional, the President must assent to and sign it.