Page 24 - WCPP Annual Report 2021-22_Draft #7.6.2

Annual Report for the 2021/22 Financial Year
Vote 2: Western Cape Provincial Parliament
Part A: General Information

(xi) Electoral Act, 1998
This Act provides for the elec on of the Na onal Assembly, provincial legislatures and
municipal councils.

(xii) Independent Commission for the Remunera on of Public Office-bearers Act, 1997
This Act provides for the establishment of a Commission to make recommenda ons
concerning the salaries, allowances and benefits of public office-bearers.

(xiii) Na onal Council of Provinces (Permanent Delegates Vacancies) Act, 1997
This Act makes provision for the filling of vacancies among permanent delegates to the
Na onal Council of Provinces.

(xiv) Cri cal Infrastructure Protec on Act, 2019
This Act provides for the iden fica on and declara on of infrastructure as cri cal
infrastructure and to provide for the repeal of the Na onal Key Points Act, 1980.

7.3. Relevant court rulings

The following judgments inform the interpreta on of the cons tu onal and statutory mandates of
the Provincial Parliament:

(i) Cer fica on of the Cons tu on of the Western Cape 1997 [1997] ZACC 8, and Cer fica on
of the Amended Text of the Cons tu on of the Western Cape, 1997 [1997] ZACC 15
These judgments culminated in the cer fica on of the provincial Cons tu on by the
Cons tu onal Court.

(ii) Doctors for Life Interna onal v The Speaker of the Na onal Assembly and Others (CCT
12/05)
This judgment dealt with the interpreta on of sec on 118(1)(a) of the Cons tu on and a
provincial legislature’s duty to facilitate public involvement in the legisla ve and other
processes of the provincial legislature.

(iii) Ex parte President of the Republic of South Africa: In re Cons tu onality of the Liquor Bill
2000 SA 732 CC
This judgment dealt with the domain of Schedule 5 exclusive provincial legisla ve
competences in the context of the Cons tu on’s distribu on of legisla ve power.

(iv) Lindiwe Mazibuko, MP, Leader of the Opposi on in the Na onal Assembly v Max Vuyisile
Sisulu, MP, Speaker of the Na onal Assembly and Another [2013] ZACC 28
In this case the Cons tu onal Court held that the rules of a legislature must give effect to
the rights and obliga ons imposed by the Cons tu on and must provide for the vindica on
of members’ cons tu onal rights in a legislature.

(v) Mario Gaspare Oriani-Ambrosini, MP v Maxwell Vuyisile Sisulu, Speaker of the Na onal
Assembly ZACC 27 [2012]
In this judgment the Cons tu onal Court held that a legislature cannot restrict the power of
an individual (private) member of that legislature to introduce legisla on in that legislature.

Annual Report for 2021/22 Financial Year Page 20