1. Cooperatives Amendment Bills
29 August 2012

2. Tagging

3. Index Why tag? Tagging by elimination Co-operative Act Amendment Bills
What about involvement of Provinces in Second A/B?

4. Why tag?
The Constitution provides 4 procedures to process bills: Sections
Tagging of a bill determines which Constitutional procedure must be followed.
Content of the Bill prescribed;
Publication for public comment (s74);
Procedure in the Houses and mediation;
Inputs from provincial legislatures (s74 and s76);
Voting;
Assent.

5. Tagging by elimination
Section 74: Does the Bill amend the Constitution?
Yes? Tagging bill as section 74
No? Test for section 77
Section 77: Does the bill
appropriate money or
impose national taxes, levies, duties or surcharges or
abolish / reduce / grant exemptions from, any national taxes, levies, duties or surcharges or
authorise direct charges against the National Revenue Fund?

6. Tagging by elimination
Section 76: Does any of the sections of the bill deal with, is reasonably necessary for, or incidental to a functional area in Schedule 4?
Yes? Tagging bill as section 76
No? Continue:
Consumer protection
Cultural matters
Gambling
Industrial promotion
Tourism
Trade
Trading regulations
Urban development
Rural development

7. Tagging by elimination
Does the bill deal with:
Provincial authority to delegations to cast votes
Municipal representation
Public protector
Public administration principles & policy appointments
Public service commission
Public Service
Parliament’s intervention into a province (national interest / standards)
Financial and Fiscal Commission
Legislation envisaged in Chapter 13 (budget; allocation of revenue; procurement etc) and affects financial interests of a province
Seat of Parliament?
Yes? Tagging bill as section 76
No? Tagging bill as section 75

8. Co-operative Act Amendment Bills
Not Constitutional amendments – not s 74
No “money” implications – not s 77
S76?
Both bills emanate from the Department that deals with trade.
Do the bills deal with trade?
Trade?
“Buying and selling of goods and services”
Regulation of business entities?
Not schedule 4 / other – must be s75

9. What about involvement of Provinces in Second A/B?
Tagging ≠ Consultation
Consultation:
The Committee considers
the content of the Bill
the process to date
and decides what consultation is necessary
This does not affect the process that the bill must follow in Parliament

10. Thank you