Contents: Obligations of Parliament and its separate bodies

5. REPORTS AND OTHER DOCUMENTS ARE RECEIVED BY PARLIAMENT AND PARLIAMENT IS REQUIRED TO ACT IN SOME WAY

The Constitution of the Republic of South Africa, 1996
Section 199 Establishment, structuring and conduct of security services
When the defence force is employed in terms of this section, the President must inform Parliament of the reasons for the employment of the defence force, any place where the force is being employed, the number of people involved, the period for which the force is expected to be employed. Multi-party parliamentary committees are granted powers of oversight over the security services, in the interest of accountability and transparency, in a manner determined by national legislation or the rules and orders of Parliament. If Parliament does not sit during the first seven days after the defence force is employed the President must provide information regarding the defence force deployment to the appropriate oversight committee.
Cross Boundary Municipalities Laws Repeal and Related Matters Act 23 of 2005
Section 5 Transitional arrangements regarding the transfer of provincial functions, assets and liabilities
This section provides for the arrangements regarding the transfer of provincial functions, assets and liabilities. If agreement cannot be reached in terms of subsection (2) between the provincial government of the releasing province and the provincial government of the receiving province the matter must be referred to the National Council of Provinces. The NCOP is mandated to assist in any way in order to reach agreement within two months after the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005. If no agreement is reached in time, subsection (1) applies.
Magistrates Act 90 of 1993
Section 13 Vacation of office and discharge of magistrates
This section deals inter alia with the suspension of a magistrate. Subsection (4A)(a) provides that e remuneration of a magistrate is not affected during a period of suspension in terms of subsection (3) (a) or (4) (a), unless the Magistrates Commission determines otherwise. In that case, a report must be tabled in Parliament by the Minister within seven days of such determination, if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session. Parliament must, as soon as is reasonably possible, consider that report and pass a resolution as to whether or not the determination concerned is confirmed, either with or without amendment, or set aside. In the latter case, the determination lapses retrospectively.
National Environmental Management: Integrated Coastal Management Act 24 of 2008
Section 27 Determining and adjusting costal boundary of coastal public property.
The Minister may exclude any area from coastal public property for government purposes, by proclamation. Before excluding any area from coastal public property, the Minister must consult with interested and affected parties.
The Minister may exclude any area from coastal public property for any other purpose with the ratification of Parliament.
Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004
Section 26 Notification by President in respect of entities identified by United Nations Security Council
The President may give notice that the United Nations Security Council has identified a specific entity as being one which commits, or attempts to commit, any terrorist and related activity or participates in or facilitates the commission of any terrorist and related activity; or one which member states must act upon security council resolutions in order to combat or prevent terrorism. Every proclamation of this kind must be tabled in Parliament for its consideration and decision and Parliament may then take such steps as it may consider necessary.
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.

6. REPORTS AND OTHER DOCUMENTS MUST BE MERELY TABLED IN PARLIAMENT FOR CONSIDERATION

The Constitution of the Republic of South Africa, 1996
Section 92 Accountability and responsibilities
This section provides that Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions. Subsection (3) provides specifically that Members of the Cabinet must provide Parliament with full and regular reports concerning matters under their control.