Mr Speaker, I move:
That the House -
1) subject to the concurrence of the National Council of Provinces, establishes an Interim Joint Committee on Scrutiny of Delegated Legislation in accordance with the following interim Rules:
1. Establishment
There shall be an Interim Joint Committee on Scrutiny of Delegated Legislation.
2. Composition
The Committee shall consist of 9 National Assembly members and 5 Council members.
3. Functions and powers
The Committee shall -
1) exercise its powers and functions in accordance with the Rules applicable to joint committees generally, unless otherwise provided for in these interim Rules; and
2) in accordance with the criteria identified in these interim Rules, scrutinise -
a) delegated legislation -
(i) requiring approval by Parliament for it to enter into force;
(ii) which Parliament may disapprove, thus invalidating it; and
(iii) that requires consultation with Parliament; and
b) delegating provisions in bills before their formal consideration by the House; and
c) any other delegated legislation agreed upon by the Committee.
4. Scrutiny criteria
1) Delegated legislation shall be scrutinised by the Committee in accordance with some or all of the following criteria:
a) Whether they impose levies, taxes or duties not authorised through a money bill passed in accordance with section 77 of the Constitution;
b) whether they comply with procedural aspects pertaining to delegated legislation;
c) whether they impinge on the jurisdiction of the courts;
d) whether they are retrospective in nature and, if so, whether that is permitted in terms of the parent Act;
e) whether they conform with the objects of the parent Act;
f) whether they appear to make unusual use of powers conferred by the parent Act;
g) whether they have been properly drafted;
h) whether they trespass on personal rights and liberties, including those set out in the Bill of Rights, in a manner inconsistent with the Constitution; or
i) whether they amount to substantive legislation; and
2) delegating provisions in bills shall be scrutinised by the Committee in accordance with some or all of the following criteria:
a) Whether they impose levies, taxes or duties not authorised through a money bill passed in accordance with section 77 of the Constitution;
b) whether they impinge on the jurisdiction of the courts; or c) whether they have been properly drafted.
5. Reporting
Upon completion of the scrutiny process, the Committee shall -
(1) report its findings to the House for the information of the relevant portfolio or select committee and other members; and
(2) in view of the provisions of section 146 of the Constitution, specifically report to the National Council of Provinces on delegated instruments relating to matters contained in Schedule 4.
6. Dissolution
The Committee shall be dissolved by resolution of both Houses.
Agreed to.