The Road to Establishing the Seventh Democratic Parliament

The National Assembly must ensure a government by the people by choosing a President, providing a national forum for public consideration of issues, passing legislation, and exercising oversight over the executive’s actions. The National Assembly may be constituted with no fewer than 350 and no more than 400 members. Independent candidates may not take up more than half of the seats in the Assembly. For purposes of this election, five independent candidates have qualified to contest seats.

The National Council of Provinces ensures that provincial interests are considered in the national sphere of government. It does this mainly by participating in the national legislative processes and providing a national forum for public consideration of issues affecting the nine provinces. The Council is constituted of 90 delegates drawn from the nine provincial legislatures, with 54 of them being permanent delegates and 36 being special (non-permanent) delegates.

The National Assembly is elected for a five-year term according to Section 49 of the Constitution. When the term expires or the Assembly is dissolved, the President must call an election within 90 days. The Assembly remains competent to function until the day before the first day of polling for the next Assembly.

The National Council of Provinces is elected for a five-year term, which expires immediately before the first sittings of the provincial legislatures following the elections. Within 30 days after the election results are declared, the legislatures must determine how many of each party’s delegates are to be permanent delegates and how many are to be special delegates and appoint the permanent delegates following the nominations of the parties.

The National Council of Provinces (NCOP) comprises a single delegation from each of the nine provinces consisting of ten delegates. Of these, six are permanent delegates and four are special (non-permanent) delegates. The special delegates include the Premier of the province or a designated representative. Delegates are appointed by provincial legislatures at their first sittings following the elections.

The term of the current National Assembly, which began with its first sitting after the 2019 elections on 22 May 2019, expired at midnight on 21 May 2024. The determination of the term is based on the date of the first sitting of the National Assembly following an election. Given that the announced date for the next National and Provincial Elections is after the expiry of the current term of the National Assembly, there is no constitutional requirement to dissolve the Assembly before these elections. The Assembly can only be dissolved by a resolution of the House if the date of the elections occurs before the expiry of its term.

Election results must be declared within seven days after an election in terms of Section 57 of the Electoral Act. Following this, members of the National Assembly are designated by the Independent Electoral Commission, and the Commission then hands these lists to the Chief Justice of the Republic of South Africa, who then hands them over to Parliament through the Secretary of Parliament.

The first sitting of the National Assembly must occur no more than 14 days after election results are declared. The Chief Justice of the Republic determines and gazettes the date for this sitting. Before Members of the National Assembly perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, under Schedule 2 to the Constitution. After the swearing-in of Members, the Chief Justice presides over the election of the Speaker of the National Assembly, who must, in turn, preside over the election of the Deputy Speaker of the National Assembly.

The President of the Republic is the last to be elected by the House because the Assembly must be duly constituted first to exercise its power to elect the President. The Chief Justice also presides over the election of the President.

The election of the President, who is chosen among the Members of the Assembly, is conducted by the Chief Justice of the Republic.

An election to fill a vacancy in the office of the President must be held at a time and on a date determined by the Chief Justice, but not more than 30 days after the vacancy occurs. When elected a President, a person ceases to be a member of the National Assembly. Within five days, she or he must assume office by swearing or affirming faithfulness to the Republic and obedience to the Constitution at an inauguration ceremony.

For the first sitting of the National Council of Provinces to take place, every provincial legislature must hold its first sitting and swear in new Members of the Provincial Legislatures. A Judge designated by the Chief Justice of the Republic presides over the first sittings of the Provincial Legislatures, where Members of the Legislatures are sworn in. Each first sitting of the legislature must also elect the Speaker, Deputy Speaker, and Premier of the Province.

At their first sittings, Provincial Legislatures must appoint their permanent delegates to the National Council of Provinces, a single delegation of ten delegates from each province. Four of the ten are special delegates and six are permanent delegates. Political parties are entitled to delegates in proportion to their representation. If a person who is a member of the provincial legislature is appointed as a permanent delegate, that person ceases to be a Member of the Provincial Legislature.

At the first sitting of the National Council of Provinces, the Chief Justice presides over the swearing-in or affirmation of faithfulness to the Republic of South Africa and obedience to the Constitution by the House’s permanent delegates. The Chief Justice will also preside over the election of the Chairperson of the National Council of Provinces, who is elected from among the permanent delegates. The Chairperson will then preside over the election of the Deputy Chairperson, House Chairpersons, and the Chief Whip of the Council.

The first sitting of the National Assembly as well as the joint sitting for the Opening of Parliament Address, in light of the ongoing construction, will take place at the Cape Town International Convention Centre (CTICC). The CTICC has been chosen for its capacity and convenience and being close to the Parliament precinct.

Due to the 2022 fire that gutted the chamber of the National Assembly, Parliament is actively working on securing a suitable longer-term temporary venue for the sittings of the Assembly. This venue will accommodate all Members of Parliament for physical sittings during the approximately two-year period needed to complete the National Assembly chamber's reconstruction. The NCOP will hold its sittings in its usual chamber in the precincts of Parliament.

Once the National Assembly elects the President, he or she must determine the date for the inauguration and then designate the Cabinet. The President, in conjunction with the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, determines a date for the Opening of Parliament Address.

The term of the President, along with the members of the Executive, only ends when the new President is sworn into office by the Chief Justice of the Republic. This is usually during the inauguration ceremony after the National Assembly has elected the President. This is intended to ensure there's no gap in the administration of the country between the election and the assumption of office by the incoming President.

The State of the Nation Address (SONA) and the Opening of Parliament Address (OPA) are two key events in the parliamentary calendar delivered by the President. The State of the Nation Address (SONA) is held annually in February to outline the government's plans and priorities for the year and report on the state of the nation. The opening of Parliament Address (OPA) occurs once every five years, after elections, to announce the new administration's plans and it marks the beginning of the new parliamentary term.

The Opening of Parliament is more than a ceremonial occasion – it is a platform where the government’s vision and priorities are presented, setting the tone for the legislative and administrative actions that will follow. It also symbolises the functioning of the new Parliament, reflecting the continuity and stability of governance.

After the first sitting and inauguration, the Assembly Rules Committee establishes the necessary structures for the Assembly to function. This includes determining committees, the formula for whips, speaking time for debates, etc. The committees are essential for examining various aspects of government policy and legislation. They play a critical role in scrutinising the work of the government, providing a platform for debate, and ensuring accountability.

After the elections, committees will establish the formula for whips. Whips are important figures in the parliamentary system, responsible for discipline within the political parties and ensuring that members attend and participate in parliamentary sessions. The formula for whips is a strategic determination that influences the dynamics of parliamentary proceedings.

Another significant aspect of the committee's work is setting the speaking time for debates. This involves establishing rules that govern how long members may speak in the Assembly and ensuring fair and equitable participation in debates. This is crucial for maintaining order and decorum in the Assembly and for ensuring that discussions are productive and focused. For the first time, these arrangements may also include provisions for independents.

The legacy reports of Parliament are intended to meticulously document the accomplishments and activities conducted during the entire five-year term of a specific Parliament. These reports serve a crucial role in ensuring seamless continuity between parliamentary terms. By including detailed recommendations for the incoming Parliament, the reports facilitate the transfer of organisational knowledge and experience, effectively bridging the gap between successive generations of Members of Parliament (MPs).

This important election coincides with the 30th anniversary of our constitutional democracy. Parliament is producing its 30-year review, which meticulously details Parliament’s activities, performance metrics, and the key lessons learned during this period. It also delineates the strategic focus and objectives for the future, serving both as a reflective account of past achievements and challenges and as a roadmap for future legislative and governance initiatives. This review is crucial for planning Parliament's continued evolution.

Business before Parliament lapses at the end of its term or if Parliament is dissolved. The new Assembly or the Council can decide to revive a lapsed bill or matter through a motion in the House. These motions often stipulate that the matter should be resumed from the stage it had reached on the last sitting day of the previous House. This mechanism ensures continuity and avoids the unnecessary repetition of the legislative process for matters that were already underway.

As the new term of Parliament commences, the Joint Programme Committee plays a vital role in laying the groundwork for a productive legislative session. This committee is responsible for drawing up a programme for the first term of the new Parliament. The programme outlines the schedule and priorities for parliamentary activities, ensuring a structured and efficient approach to legislative and oversight responsibilities.

Newly elected MPs are inducted and oriented through a structured orientation programme. This programme typically includes briefings on parliamentary procedures, ethical guidelines, legislative responsibilities, and administrative processes. The orientation also often involves training sessions on effective communication, law-making, and constituency management, ensuring that new MPs are well-prepared to fulfil their roles effectively.

The new Electoral Amendment Act allows independent candidates to contest provincial and national elections. Preparations are well underway to seamlessly integrate the new independent candidates into the workings of Parliament, ensuring a smooth transition and effective participation in legislative processes. Key adaptations are being made to the parliamentary rules to accommodate these non-partisan members, with a specific focus on fair and equitable involvement in all parliamentary activities.

These adaptions of the rules include revising voting procedures to account for the independent votes and ensuring their representation is accurately reflected in decision-making. Committee membership rules are also being adjusted to allow independent candidates equal opportunities to serve on various committees, a critical component of parliamentary work. Moreover, the allocation of speaking time is being carefully reconsidered to guarantee that independent candidates have a voice in debates and discussions, reflecting the diverse perspectives they bring to the table.