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Introduction The question that arises from this application for leave to appeal is whether the National Assembly may regulate its business in a manner that may deny its members the opportunity of introducing a Bill in the Assembly, in terms of section 73 2 of the Constitution.
It is that unfavourable outcome that moved the applicant to launch the application. Background A brief account of the Rules will help put the constitutional challenge in a proper context.
The applicant became a member of the National Assembly on 6 May In his view, any Rule that stipulates permission as a requirement in this regard is constitutionally invalid. The response was that the applicant was mistaken because the Rules are in conformity with the Constitution. On 10 Junethe applicant raised a point of order on this matter during a sitting of the National Assembly.
This was rejected by the Speaker. During the course of the next few months, the applicant wrote more letters to the Speaker and one to the chairperson of the Sub-Committee on the Review of the National Assembly Rules.
None of these letters drew a response. Having not achieved a satisfactory outcome through the internal procedures of the National Assembly, the applicant challenged the constitutional validity of the Rules in the High Court. In the High Court The High Court held that individual members do not have the power to initiate or prepare legislation, as these powers vest in the Assembly.
The latter makes non-binding recommendations to the Assembly only. It held that the possibility of a legislative proposal not being allowed by the majority party in the Assembly to go beyond the initiation or preparation stage is not inimical to democracy.
In this regard, the Court cited the decisions of this Court 14 and the Supreme Court of Appeal, 15 which upheld the constitutionality of majority decision-making as a legitimate democratic principle. As a result, the application was dismissed with costs.
This was followed by an unsuccessful application for leave to appeal to the Supreme Court of Appeal. Issues These are the preliminary issues: Leave to file a replying affidavit. Condonation for the late filing of the record. The central issue is whether it is open to the National Assembly, in the exercise of its power in terms of section 57 of the Constitution, 17 to impose a permission requirement that may prevent a member of the National Assembly from exercising her power to introduce a Bill in terms of section 73 2 of the Constitution.
To decide this issue, these matters must be considered: Whether the power created by section 55 1 b of the Constitution also vests in individual members of the National Assembly.
The scope and meaning of section 73 2 of the Constitution. The scope and meaning of section 57 of the Constitution. The delay was short and the applicant concedes that condonation is in the interests of justice. Condonation should, therefore, be granted. Leave to file a replying affidavit The Rules of this Court make no provision for a replying affidavit to be filed.
Yet the applicant seeks leave to do so. He submits that his affidavit will clarify certain issues and obviate a consideration of irrelevant matters and he is correct.
There is no opposition and the affidavit will not prejudice the Speaker. It is in the interests of justice to grant leave and I am inclined to do so.
I am inclined, therefore, to grant condonation. Again, the applicant did not file his submissions on time. He only filed them, along with an application for condonation, on 19 June The principal explanation tendered is that unforeseen circumstances were the cause of the failure to file timeously.
The delay is relatively short and the Speaker suffered no prejudice because he received the submissions on time. Condonation should thus be granted. Leave to appeal This matter raises important constitutional issues.
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