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South African Dental Association - Legal Mouthpiece

A Brief Explanation Of The South African Legislative Process

GREEN PAPER
  • The Government when it wishes to make a change in policy, puts forward its proposals in the Green Paper which is a discussion document.
  • It is produced by the Ministry concerned with the subject and then published for comments and ideas.
  • It forms the basis of the White Paper
WHITE PAPER
  • It is a broad statement of government policy.
  • Comments may again be invited from interested parties.
  • Input taken into account, the Minister and officials within the State Department may draft legislative proposals.
  • The Cabinet may also consider the Proposals.
  • Occasionally, it may be gazetted as a Draft Bill, for comments by a defined date or given to organisations for comment.
  • Comments are then taken to State Law Advisers who check the proposals in detail.
  • These proposals are then printed by Parliament, given a number and Tabled or introduced in either the National Assembly or the Senate.
  • The document is now a Bill
BILL
  • It is introduced or tabled called the first reading.
  • It is then put on the Order Paper and goes to a Committee for consideration
  • The Committee consists of different party members represented in Parliament who discuss the Bill.
  • They sometimes call expert witnesses or invite submissions to help refine it, after which they amend it.
  • After the Committee has approved it, it goes for Debate in the House in which it was table, if agreed, it goes to the other House.
ACT When Both Houses have passed the Bill it is allocated an Act number and goes to the State President to be signed.

It is then published in the Government Gazette as an Act and it then becomes law of the land.

Sometimes there are no Green and White Papers and the process begins with the Legislative proposals in the Ministry or Department.

 

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