The Constitution provides for public participation in South Africa’s legislatures. In the first instance, both Parliament and the provincial legislatures have the duty not to exclude the public – including the media – from any of its meetings, unless it is “reasonable and justifiable not to do so in a democratic and open society.” This includes the meetings of parliamentary committees. Citizens are thus able to be aware and informed of what is happening in the legislatures.

Ordinary citizens and civil society groups can also make their voices heard regarding any legislation or policy. If citizens want to influence the final form of a Bill (or would like to see it not being passed into law), it is necessary to make input before it becomes an Act. Once an Act has been passed, it may be years before any consideration is given to amending or repealing it.

All Bills must be published in the Government Gazette. Unless the Bill is very urgent (or has to do with the appropriation of money), the public has three weeks to comment on a Bill after it is published. After three weeks have passed, the Bill is tabled in the National Assembly and is then referred to the relevant parliamentary committee. This committee may hear evidence and invite submissions from interested parties on the content of the Bill. It will ultimately have the task of debating the issues contained in the Bill, making recommendations to the National Assembly about any proposed changes and reporting on any differences of opinion within the group.

If citizens want to have a say about a particular Bill, this can be done in the three weeks after it is published in the Government Gazette. A submission may also be submitted to the relevant parliamentary committee that is dealing with the Bill. In preparing such a submission, it is important to find out about the committee itself, its style and way of working, as well as key people in the committee. The submission should be well researched and presented clearly.

An alternative is to form an interest group and lobby parliamentarians directly. In so-doing, this puts pressure on elected representatives not to enact the Bill.

Sometimes, a citizen may feel strongly about an issue around which no new proposed legislation is being prepared. Individual citizens or organisations have the right to draw up proposed legislation of their own and submit it to the relevant parliamentary committee, and do not have to wait for a government department to develop draft legislation. If the committee feels the legislation is worth consideration, it will pass it on to the department responsible for this area. A Member of Parliament must be willing to submit the proposal to the legislature. 

Text adapted from PIMS’ Parliamentary Pocketbook by Stephen Heyns