Chapter 4: Parliament
of the Bill must be referred to both the Council and the Assembly, and if it is
passed by the Council and the Assembly, it must be submitted to the President
for assent.
(i) � If a Bill referred to the Assembly in terms of paragraph (f ) or (h) is not passed
by the Assembly, the Bill lapses.
(3) � A Bill must be dealt with in accordance with the procedure established by either
subsection (1) or subsection (2) if it falls within a functional area listed in Schedule 4
or provides for legislation envisaged in any of the following sections:
(a) � Section 65(2);
(b) � section 163;
(c) � section 182;
(d) � section 195(3) and (4);
(e) � section 196; and
(f) � section 197.
(4) � A Bill must be dealt with in accordance with the procedure established by
subsection (1) if it provides for legislation—
(a) � envisaged in section 44(2) or 220(3); or
(b) � envisaged in Chapter 13, and which includes any provision affecting the
financial interests of the provincial sphere of government.
[Para. (b) substituted by s. 1 of the Constitution Eleventh Amendment Act of 2003.]
(5) � A Bill envisaged in section 42(6) must be dealt with in accordance with the
procedure established by subsection (1), except that—
(a) � when the National Assembly votes on the Bill, the provisions of section 53(1)
do not apply; instead, the Bill may be passed only if a majority of the members
of the Assembly vote in favour of it; and
(b) � if the Bill is referred to the Mediation Committee, the following rules apply:
(i) � If the National Assembly considers a Bill envisaged in subsection (1)(g)
or (h), that Bill may be passed only if a majority of the members of the
Assembly vote in favour of it.
(ii) � If the National Assembly considers or reconsiders a Bill envisaged in
subsection (1)(e), (i) or (j), that Bill may be passed only if at least two
thirds of the members of the Assembly vote in favour of it.
(6) � This section does not apply to money Bills.
43