Chapter 4: Parliament
Assent to Bills
79. �
(1)
(2) �
(3) �
(4) �
(5) �
The President must either assent to and sign a Bill passed in terms of this Chapter or,
if the President has reservations about the constitutionality of the Bill, refer it back
to the National Assembly for reconsideration.
The joint rules and orders must provide for the procedure for the reconsideration
of a Bill by the National Assembly and the participation of the National Council of
Provinces in the process.
The National Council of Provinces must participate in the reconsideration of a Bill
that the President has referred back to the National Assembly if—
(a) � the President’s reservations about the constitutionality of the Bill relate to a
procedural matter that involves the Council; or
(b) � section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill.
If, after reconsideration, a Bill fully accommodates the President’s reservations, the
President must assent to and sign the Bill; if not, the President must either—
(a) � assent to and sign the Bill; or
(b) � refer it to the Constitutional Court for a decision on its constitutionality.
If the Constitutional Court decides that the Bill is constitutional, the President must
assent to and sign it.
Application by members of National Assembly to Constitutional Court
80. �
(1)
Members of the National Assembly may apply to the Constitutional Court for an
order declaring that all or part of an Act of Parliament is unconstitutional.
(2) � An application—
(a) � must be supported by at least one third of the members of the National
Assembly; and
(b) � must be made within 30 days of the date on which the President assented to
and signed the Act.
(3) � The Constitutional Court may order that all or part of an Act that is the subject of an
application in terms of subsection (1) has no force until the Court has decided the
application if—
(a) � the interests of justice require this; and
(b) � the application has a reasonable prospect of success.
(4) � If an application is unsuccessful, and did not have a reasonable prospect of success,
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