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Chapter 3 - DEMOCRACY, GOVERNMENT & PUBLIC PARTICIPATION

Structures of provincial government and public participation

You can use the same methods to participate in the provincial sphere of government as the national sphere. This is a summary of how you can participate in the law and policy- making processes in the provincial government.

Structures of provincial government

The executive branch

The executive branch is responsible for the day-to-day running of the province. These are some of the functions of the executive:

• to initiate laws and policy
• to carry out laws passed by parliament
• to carry out policies
• to co-ordinate the functions of the provincial government departments and administrators

Key role-players and structures in the provincial executive

The key role-players in the executive that may play a role in formulating policy or drafting law will be:

• The Premier who is the head of the provincial government executive
• 10 Members of the Executive Council (MECs) also called Ministers

The legislative branch

The legislative branch of government is responsible for making laws and developing policy. The national parliament, made up of elected representatives, is the most important structure in the legislature.

These are the functions of the legislature:

• to develop and pass laws
• to contribute to developing policy
• to act as a watchdog on the activities of government institutions (in the executive)

The legislature consists of provincial parliament and various parliamentary committees. These are the key structures that you can lobby in the provincial legislature:

Parliamentary committees

The provincial parliament usually divides the MPLs (members of provincial legislatures) into small groups which focus on specific areas of governance. These smaller groups are called parliamentary or portfolio committees. The main role of the portfolio committees is -

• to make sure that issues and new bills are properly debated and scrutinised
• to allow members of provincial parliament to become specialised in a particular field of interest, such as defence or agriculture
• to provide a forum where the public can interact with provincial government on specific issues and new bills
• to discuss and assess the activities of other government departments

There are two types of Committees:

• Standing committees

Standing committee are permanent. There are standing committees for each of the portfolios of the executive, for example, Education Committee, Public Transport, Roads and Works Committee. These are called portfolio committees . There are also other standing committees which are not linked to portfolios but more to the running of the legislature, for example, the Public Accounts Committee.

• Ad hoc committees

These committees are not permanent and only last for the time it takes them to finish a task.

Other important role-players in the provincial legislature include:

• the political party whips
• the parliamentary committee chairpersons
• the committee secretaries
• political party caucuses (these are not open to the public but you can lobby key members before meetings to raise issues)

Public participation in the process of making provincial laws and policy

Making new policy

The process of making policy follows the same format in the provincial legislature as in the national legislature.

See Making new policy

Making new laws

The process of making laws follows the same basic format as in the national legislature. However, there are a few important differences. These are the basic steps for passing a law in the provincial legislature:

1. A draft bill is drawn up

A draft bill is drawn up, either by an MEC, and MPL or a Standing Committee. The Bill is published in the Provincial Gazette and notices which bring the Bill to the attention of the public are place din various newspapers. The public has at least 14 days to respond to the bill. Once the public has made its comment the department will make any changes that they think are necessary.

2. The Speaker introduces the bill in parliament

It will be sent to the appropriate parliamentary committee.

3. The parliamentary committee debates the bill

The parliamentary committee may ask the public for comment on the bill. They will then usually hold public hearings (for anyone to attend) where they debate the bill, call in experts to comment on the bill and make any changes. Once they have made any changes they must send their report back to parliament.

4. Parliament debates the bill and votes on it

If there is a majority of votes in favour of the bill, it is passed. If there is no majority, the Bill is rejected.

5. The Bill becomes an Act

If parliament passes the bill it then goes to the Premier to sign. It then becomes an Act.

6. The Act is published in the Provincial Government Gazette.

How can you participate in the law and policy-making processes of provincial government?

You or your organisation can participate in the policy and law-making processes in the following ways:

• Attend parliamentary committees meetings where policy and new laws are being discussed
• Make a written submission to a committee or to the legislature
• Attend public hearings during the early stage of a writing a bill
• Send a petition & a letter or a document which is signed by many people.