CHIEF DIRECTORATE: STATE LAW ADVISORY SERVICES
A. Guidelines for briefing us
It has become necessary to establish policy guidelines for accessing legal services in the Province and for briefing the Chief Directorate: State Law Advisory Services in the Office of the Premier.
Click on the link above to access the policy document.
B. Provincial Legislative Programme: Guidelines for planning by line function Departments
1. In order to allow the CD: State Law Advisory Services in the Office of the Premier, which is responsible for legal editing and certification of legislation before introduction in the Provincial Legislature, to plan its work programme, and to allow the Provincial Legislature to plan its programme, it would be helpful for Provincial Departments to submit details of their proposed Legislative Programme for any given year, to the CD: State Law Advisory Services by 31 January. This proposed Legislative Programme should contain a list of draft Bills which the responsible MEC intends introducing in the Provincial Legislature in the session of the Legislature commencing in February of any given year. The list should also contain details of the dates on which Provincial Departments intend formally referring the Bills listed to the CD: State Law Advisory Services for legal editing.
2. The legal editing process may, depending upon the length and complexity of a Bill, take from 21 - 30 days before certification.
3. After certification, the Bill must be translated into isiZulu and Afrikaans. Departments should budget 21 - 30 days for translation.
4. After certification and translation, Bills must be submitted by the line function Department to the Speaker of the Provincial Legislature. The Bill must then be published for comment for 30 days before referral to the relevant Portfolio Committee of the Provincial Legislature.
5. It could, therefore, in any given case take up to 3 months for a Bill to be referred to the Portfolio Committee of the Legislature after formal referral to the CD: State Law Advisory Services for legal editing and certification. Provincial Departments should be aware of this and plan their Legislative Programmes accordingly, bearing in mind recesses and adjournments of the Provincial Legislature.
6. Departments should please refrain from submitting Bills which have not yet been certified to the Executive Council (Cabinet) even for so-called "in principle approval".
Only certified legislation should be submitted to the Executive Council.
7. The Rationalisation of Laws Project will also, of necessity, impact on the Legislative Programmes of Provincial Departments.
8. For further information about the Legislative Process, go to the KwaZulu-Natal Provincial Legislature website and click on the link "Legislative Process" in the column on the right.
9. Click on the link for a copy of Chapter 15 of the Standing Rules of the Provincial Legislature which deals with Provincial Bills.