Cooperatives Amendment Bills 29 August 2012

Tagging

Index Why tag? Tagging by elimination Co-operative Act Amendment Bills What about involvement of Provinces in Second A/B?

Why tag? The Constitution provides 4 procedures to process bills: Sections 74-77. Tagging of a bill determines which Constitutional procedure must be followed. Content of the Bill prescribed; Publication for public comment (s74); Procedure in the Houses and mediation; Inputs from provincial legislatures (s74 and s76); Voting; Assent.

Tagging by elimination Section 74: Does the Bill amend the Constitution? Yes? Tagging bill as section 74 No? Test for section 77 Section 77: Does the bill appropriate money or impose national taxes, levies, duties or surcharges or abolish / reduce / grant exemptions from, any national taxes, levies, duties or surcharges or authorise direct charges against the National Revenue Fund?

Tagging by elimination Section 76: Does any of the sections of the bill deal with, is reasonably necessary for, or incidental to a functional area in Schedule 4? Yes? Tagging bill as section 76 No? Continue: Consumer protection Cultural matters Gambling Industrial promotion Tourism Trade Trading regulations Urban development Rural development

Tagging by elimination Does the bill deal with: Provincial authority to delegations to cast votes Municipal representation Public protector Public administration principles & policy appointments Public service commission Public Service Parliament’s intervention into a province (national interest / standards) Financial and Fiscal Commission Legislation envisaged in Chapter 13 (budget; allocation of revenue; procurement etc) and affects financial interests of a province Seat of Parliament? Yes? Tagging bill as section 76 No? Tagging bill as section 75

Co-operative Act Amendment Bills Not Constitutional amendments – not s 74 No “money” implications – not s 77 S76? Both bills emanate from the Department that deals with trade. Do the bills deal with trade? Trade? “Buying and selling of goods and services” Regulation of business entities? Not schedule 4 / other – must be s75

What about involvement of Provinces in Second A/B? Tagging ≠ Consultation Consultation: The Committee considers the content of the Bill the process to date and decides what consultation is necessary This does not affect the process that the bill must follow in Parliament

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