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

Rules of the Constitutional Court

Part VII : Matters within the Exclusive Jurisdiction of the Court

14. Referral of a Bill

 

 

1) The referral of a Bill in terms of section 79(4)(b) or 121(2)(b) of the Constitution by the President of the Republic of South Africa or by the Premier of a province, as the case may be, shall be in writing and shall be addressed to the Registrar and to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, or to the Speaker of the provincial legislature in question, as the case may be.

 

2) Such referral shall specify-
a) the provision or provisions of the Bill in respect of which the President of the Republic of South Africa or the Premier of a province has reservations;
b) the constitutional provision or provisions relating to such reservations; and
c) the grounds or reasons for such reservations.

 

3) Political parties represented in the national Parliament or the provincial legislature concerned, as the case may be, shall be entitled as of right to make written submissions relevant to the determination of the issue within the time specified in directions given under subrule (4).

 

4) Upon receipt of the referral, the matter shall be dealt with in accordance with directions given by the Chief Justice, which may include a direction-
a) requesting the relevant Speaker or the Chairperson of the National Council of Provinces, as the case may be, for such additional information as the Chief Justice may consider to be necessary or expedient to deal with the matter; and
b) calling upon all interested political parties in the national Parliament or the provincial legislature concerned, as the case may be, who may wish to do so to make such written submissions as are relevant to the determination of the issue within a period to be specified in such direction.