Initiating Legislation

• Bills emanating from the executive branch of government

  Almost always initiated by a Minister
• New law


  • Normally the result of a new or reformed government policy
• Policy formulation


  May be done with or without public consultation
• Where public consultation is sought

  1. Process is initiated by the publication of discussion document called a Green Paper

  2. Green Paper - officials concerned usually draft this document

  3. Sets out in broad terms the thinking of government on an issue

  4. Public have between one and three months to submit comments on the draft policy

  5. Department may also conduct consultations with stakeholders or public hearings

  6. It is intended to stimulate debate on the issue
• After receiving comments


  1. Policy is drafted and sent to cabinet for approval

  2. If cabinet approves, new policy is published for public information in a document called a White Paper
• White Paper


  • Sets out government's policy on an issue
  • Usually indicates it intentions with respect to the passing of new legislation or the amendment of existing legislation
  • Public are again invited to make comments on government's position as set out in the White Paper
• Where necessary, legislation is drafted

  1. By the relevant government department

  2. Minister submits draft to Cabinet for approval

  3. If approved, then draft is sent to the State Law Advisors - officials in the Department of Justice - for technical redrafting and certification that the draft is ready for Parliamentary consideration

  4. Draft law then published in Government Gazette for public comment - public invited to make submissions to the relevant committee in Parliament

  5. Committee considers submissions received - may redraft legislation accordingly
• Despite the need for participatory democracy, Constitution does not explicitly require the government to consult the public when it develops policy and prepares legislation
• Rules of NA and NCOP - interested persons are invited to make representations on a Bill to the relevant committees
• Bills emanating from the executive branch of government

  Almost always initiated by a Minister
• New law


  Normally the result of a new or reformed government policy
• Policy formulation


  May be done with or without public consultation
• Where public consultation is sought

  1. Process is initiated by the publication of discussion document called a Green Paper

  2. Green Paper - officials concerned usually draft this document

  3. Sets out in broad terms the thinking of government on an issue

  4. Public have between one and three months to submit comments on the draft policy

  5. Department may also conduct consultations with stakeholders or public hearings

  6. It is intended to stimulate debate on the issue
• After receiving comments


  1. Policy is drafted and sent to cabinet for approval

  2. If cabinet approves, new policy is published for public information in a document called a White Paper
• White Paper


  • Sets out government's policy on an issue
  • Usually indicates it intentions with respect to the passing of new legislation or the amendment of existing legislation
  • Public are again invited to make comments on government's position as set out in the White Paper
• Where necessary, legislation is drafted

  1. By the relevant government department

  2. Minister submits draft to Cabinet for approval

  3. If approved, then draft is sent to the State Law Advisors - officials in the Department of Justice - for technical redrafting and certification that the draft is ready for Parliamentary consideration

  4. Draft law then published in Government Gazette for public comment - public invited to make submissions to the relevant committee in Parliament

  5. Committee considers submissions received - may redraft legislation accordingly
• Despite the need for participatory democracy, Constitution does not explicitly require the government to consult the public when it develops policy and prepares legislation
• Rules of NA and NCOP - interested persons are invited to make representations on a Bill to the relevant committees