Presentation to workshop Money Bills Amendment Procedure and Related Matters Act, 1999 (Act No. 9 of 2009) Presentation to workshop 4 August 2009

Background Background Constitutional context Section 73(2): Only the Cabinet member responsible for national financial matters may introduce a money Bill or a division of revenue Bill. Section 77(3): Money Bills must be considered in accordance with the procedure established by section 75. An Act of Parliament must provide for a procedure to amend money Bills before Parliament. It follows that the “procedure to amend” must be additional - and not change – the section 75 procedure. Money Bill defined in section 77(1) Division of Revenue Bill defined in section 214.

Parliamentary context Background cont. Parliamentary context Parliament, through the Joint Rules Committee, established a Task Team on Oversight and Accountability to develop an oversight model for Parliament in line with the Constitution. Three focus groups established (Projects, Budget, Committees) - Budget Processes Focus Group mandated to develop procedure to amend money Bills, including a draft Bill. Report to JRC on 19 March 2008. Assembly mandates PC on Finance – 26 June 2008 Draft Bill and memorandum setting out its objects published in Government Gazette No 31238 of 10 July 2008. Money Bills Amendment Procedure and Related Matters Bill [B 75—2008] introduced in National Assembly on 13 October 2008. Parliament passed Bill on 19 February 2009. Act signed and promulgated on 16 April 2009.

Principles Co-operative government Legislative authority of Parliament - including amendment of money Bills Maintaining oversight of executive action Executive authority develops and implements national policy. Interpretation must be consistent with oversight and the adopted fiscal framework (clause 2). DORA is further measure. Any decision in terms of the Act must be consistent with principles set out in clause 8(5). In addition, proposed amendment to revenue Bills must be consistent with principles set out in section 11(3). Public participation

Budget / oversight cycle Budgetary review and recommendation reports MTBPS - MTEF Introduction of budget Fiscal framework DORB Appropriation Bill Revenue proposals Reply to BRRR & MTBPS reports Adjustments budget

Related matters Amendments proposed by Minister Parliamentary Budget Office Norms and standards for provincial legislatures