Following media reports about the Public Protector’s intention to investigate allegations that state officials may have misled Parliament on aspects of the Protection of State Information Bill, Parliament wishes to assert the role of the national Legislature in the lawmaking process.
A bill is a working document before Parliament and during the legislative process public input is encouraged. Should anyone have submissions or dispute facts made by others they may make such submissions to the Parliamentary committee which is processing the bill.
Until a bill is passed by both Houses, Parliament deals with the matter exclusively and it has the exclusive power to regulate and control its internal arrangements, proceedings and procedures. No other state institution may investigate the legislative process at this stage.
Once Parliament has processed a bill it is referred to the President. In terms of section 79 of the Constitution, if the President has reservations about the constitutionality of a bill, he may refer it back to the National Assembly for reconsideration.
Once a bill is passed, only a court, upon application, may enquire into its constitutionality.
