Mandating Procedures of Provinces Act, 2008 (Act No. 52 of 2008)

Chapter 1 : Definitions and Application

1. Definitions

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In this Act, unless the context otherwise indicates—

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"final mandate"

means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP to cast a vote when the relevant NCOP select committee considers a Bill or prior to voting thereon in an NCOP Plenary;

 

"head of the delegation"

means a person referred to in section 60(3) of the Constitution;

 

"legislative mandate"

means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP to cast a vote on a question contemplated in—

(a)section 64 of the Constitution;
(b)section 74 of the Constitution;
(c)section 76 of the Constitution; or
(d)section 78 of the Constitution;

 

"mandate"

means the conferral of authority by a provincial legislature on its provincial delegation to the NCOP to cast a vote in compliance with the requirements under section 3;

 

"NCOP"

means the National Council of Provinces referred to in section 42(1)(b) of the Constitution;

 

"NCOP plenary"

means an ordinary sitting of the NCOP;

 

"NCOP select committee"

means a select committee established in terms of Rule 151(1) of the Rules of the NCOP;

 

"negotiating mandate"

means the conferral of authority by a committee designated by a provincial legislature on its provincial delegation to the NCOP of parameters for negotiation when the relevant NCOP select committee considers a Bill after tabling and before consideration of final mandates, and may include proposed amendments to the Bill;

 

"provincial delegation to the NCOP"

means a delegation referred to in section 60(1) of the Constitution;

 

"provincial legislature"

means a provincial legislature contemplated in section 104 of the Constitution;

 

"voting mandate"

means the conferral of authority by a provincial legislature on the head of its provincial delegation to the NCOP to cast a vote on a Bill in an NCOP plenary.