4. ACTIONS OR DECISIONS THAT DO NOT REQUIRE PARLIAMENTARY APPROVAL BUT OVER WHICH PARLIAMENT HAS DISAPPROVAL POWER
The Constitution of the Republic of South Africa, 1996
Section 100 National intervention in provincial administration
If the national executive assumes responsibility in a province for the fulfilment of an executive obligation in terms of this section, it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began. The intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention.
The National Council of Provinces must review the intervention regularly and may make any appropriate recommendations to the national executive.
National legislation may regulate the process of intervention in a province by the National Executive.
Section 139 Provincial intervention in local government
If a provincial executive assumes responsibility in a municipality for the fulfilment of an executive obligation in terms of subsection (1)(b), it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began. The intervention must end if the National Council of Provinces disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention.
The National Council of Provinces must review the intervention regularly and may make any appropriate recommendations to the provincial executive.
If a provincial executive has caused the Municipal Council to be dissolved in terms of subsection (1)(c), it must submit a written notice of the dissolution to the National Council of Provinces. The National Council of Provinces has 14 days from the receipt of the notice to set aside the dissolution.
If a provincial executive has taken steps to ensure that a Municipality’s budget revenue-raising measures are approved, or to ensure that the Municipality’s obligations to provide basic services or to meet its financial commitments are met, in terms of subsections (4) and (5), it must submit a written notice to the National Council of Provinces within seven days after the intervention began.
National legislation may regulate the implementation of the entire section.
Section 203 State of national defence
When the President declares a state of national defence he must inform Parliament promptly of the reasons for the declaration, any place where the defence force is being employed, and the number of people involved. A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration.
Schedule 6
Section 14 Assignment of legislation to provinces
When the President assigns legislation to a provincial authority, the President, by proclamation, may regulate any manner relating to the legislation, including the amendment, repeal or re-enactment of legislative provisions. A copy of such proclamations must be submitted to the National Assembly and the National Council of Provinces within 10 days of the publication of the proclamation. If both the National Assembly and the National Council by resolution disapprove the proclamation or any provision of it, the proclamation or provision lapses prospectively.
Commission on Gender Equality Act 39 of 1996
Section 7 Staff of Commission
A document setting out the remuneration, allowances and other conditions of employment determined by the Commission shall be tabled in Parliament within 14 days after such determination. If Parliament disapproves of any determination such determination shall cease to be of force to the extent to which it is disapproved.
Section 8 Remuneration and allowances of members of Commission
A document setting out the remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission shall be tabled in Parliament. If Parliament disapproves of any determination, the determination shall cease to be of force to the extent to which it is disapproved.
Labour Relations Act 66 of 1995
Section 74 Disputes in essential services
The Act provides for the referral, conciliation and arbitration of disputes involving a party that is precluded from participating in a strike or lock-out by virtue of the fact that the party is engaged in an essential service.
(5) Any arbitration award in terms of subsection (4) made in respect of the State and that has financial implications for the State becomes binding-
(a) 14 days after the date of the award, unless a Minister has tabled the award in Parliament within that period; or
(b) 14 days after the date of tabling the award, unless Parliament has passed a resolution that the award is not binding.
(6) If Parliament passes a resolution that the award is not binding, the dispute must be referred back to the Commission for further conciliation between the parties to the dispute and if that fails, any party to the dispute may request the Commission to arbitrate.
National Prosecuting Authority Act 32 of 1998
Section 18 Remuneration of Deputy Directors and prosecutors
This section allows the Minister to determine the scale of payment for a Deputy Director or prosecutor by notice in the Gazette. The notice must be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. Parliament may by resolution disapprove the notice or any provision thereof and notice or provision thereof shall lapse prospectively to the extent to which it is disapproved. The salary payable to a Deputy Director or a prosecutor shall not otherwise be reduced except by an Act of Parliament.
Promotion of National Unity and Reconciliation Act 34 of 1995
Section 9 Conditions of service, remuneration, allowances and other benefits of staff of Commission
This section empowers the Truth and Reconciliation Commission to set the conditions of employment for persons appointed or employed by the Commission who are not officials of the State. A document setting out the remuneration, allowances and other conditions of employment determined by the Commission shall be tabled in Parliament within 14 days. If Parliament disapproves of any determination, such determination shall cease to be of force to the extent to which it is so disapproved.
Public Protector Act 23 of 1994
Section 3 Staff of Public Protector
A document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector shall be tabled in the National Assembly within 14 days after such determination. The National Assembly may disapprove of any determination with prospective effect only.
Public Service Amendment Act 30 of 2007
The principal act is amended to allow the executive authority of a government component to assign to the head of that component any power conferred, or duty imposed on that executive authority or any official of the principal department of that component.
Parliament may reject the notice within 90 days after it has been tabled. If such notice is not rejected, it shall be deemed to have been approved by Parliament
State of Emergency Act 64 of 1997
Section 3 Parliamentary supervision
(1) A copy of any proclamation declaring a state of emergency and of any regulation, order, rule or bylaw made in pursuance of any such declaration shall be laid upon the Table in Parliament by the President as soon as possible after the publication thereof. The National Assembly may disapprove of any such regulation, order, rule or bylaw or of any provision thereof or may make any recommendation to the President relating thereto.
Section 4 Lapsing of emergency regulations
(1) Any regulation, order, rule or bylaw made in pursuance of the declaration of a particular state of emergency, or any provision thereof, shall cease to be of force and effect if the National Assembly disapproves thereof.
Water Services Act 108 of 1997
Section 63 Intervention
This section provides for the situation in which a water services authority does not fulfil its functions in terms of the Act. The first step is to request the relevant province to intervene in terms of section 139 of the Constitution. If this is unsuccessful, the Minister may assume responsibility for the function. Subsection (3) provides that in such a case the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after the Minister has assumed responsibility for that function and the the assumption of responsibility must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting. The National Council of Provinces must regularly review that assumption of responsibility and make appropriate recommendations to the Minister.
The section further provides that if the assumption of responsibility is not sufficient, the Minister may intervene, including taking over the function of the water service authority. In that case, subsection (6) provides that the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after taking over that function. The take-over of that function must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the take-over. The National Council of Provinces may from time to time review the take-over of any function of a water services authority by the Minister and make appropriate recommendations to the Minister.
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