1. PC ON INTERNATIONAL RELATIONS AND COOPERATION
The Role of Parliament in the Approval of International Treaties and Agreements
Part One
L. Mosala
August 2011

2. INTRODUCTION
Since 1994,
South Africa - active member of the international community
Party to many bilateral and multilateral treaties
Has a robust Parliament fully engaged in its role in the conduct of international relations
The issue of the role of parliament in the approval of international agreements/treaties is on the agenda of many parliaments around the world

3. DEFINITION OF TERMS
Vienna Convention on the Law of Treaties 1969 and 1986
‘A Treaty’:
Binding instrument
Between states and or international organisations
Governed by international law
Be in writing
One or more instruments

4. DEFINITION OF TERMS CONT.
Distinction between ordinary/executive agreements (OEAs) and a Treaty (TRT)
OEAs implement clauses within existing treaty
Effective on signature by representatives of States
Does not require approval by Parliament
Treaty effective only after ratification
Requires Parliamentary approval

5. CONSTITUTIONAL PROVISIONS SA CONSTITUTION 1996
Section 231(1)- International relations policy and the signing of treaties and agreements under responsibility of the Executive
Section 231(2) - legal requirement of approval by two Houses of Parliament of treaties to be binding and only of certain agreements

6. CONSTITUTIONAL PROVISIONS CONT.
Section 231(3)–international agreements of:
Technical
Administrative
Executive nature
That do not require ratification/accession
Become binding without parliamentary approval, but be tabled in the two Houses within reasonable time.

7. CONSTITUTIONAL PROVISIONS CONT.
Section 231(2) -Approval
Presupposes that treaty binds SA on the international level only after its been approved by both Houses.
To apply domestically, treaty must still be enacted into national legislation as specified in section 231(4), unless it is self-executing.

8. CONSTITUTIONAL PROVISIONS CONT.
Section 231(4)
Introduces concept of self-executing clauses into SA law. Provisions of a treaty approved by Parliament which has these clauses, become part of our law unless inconsistent with the constitution

9. EXAMINATION OF TREATIES
Committees must examine the treaty in order to recommend approval or rejection
What is approval sought for
Confirm compliance with domestic law
Adequacy of Explanatory Memorandum
Strategic political focus
International obligations created
Implications for vulnerable groups
Self-executing clauses
Security implications
Financial implications
Approval or rejection

10. CONCLUSION
Committee must recommend approval or rejection in writing (Rule 307(3),NA Rules
Approval/rejection may be with concerns
Approval may be with reservation to certain parts of treaty, not principle
Highlight concerns at initial stage
Allows for inclusion of concerns on domestication of treaty at a later stage
Introduction of NATIONAL INTEREST ANALYSIS(NIA)
Introduction of JOINT STANDING COMMITTEE ON TREATIES(JSCOT)
Actual procedure follows in my colleague’s presentation

11. THANK YOU