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{
    "id": 960481,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/960481/?format=api",
    "text_counter": 33,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "As part of its general oversight function under Article 95(5)(b) of the Constitution, this House, through the Budget and Appropriations Committee, is exclusively and constantly in communication with the National Treasury over the finances of the country. The Senate does not bear the burden of passing taxation legislation to raise revenue required to support any allocation made by the Division of Revenue Bill. The question that arises then is: Which revenue collection forecast would the Senate rely on to reach the figures proposed? Further, a Division of Revenue Bill contains additional grants to be financed by the revenue share of the national government. On which authority is the additional grants contained in the Division of Revenue Bill originated by the Senate made? Consequently, a clear reading of the Constitution only supports the Division of Revenue Bill being originated by the National Assembly, as it has a ready answer to all those particular questions. On the same breath, I would not expect any Member of this House to imagine that he or she can introduce a Division of Revenue Bill, an Appropriations Bill or even a financial Bill in form of an individual Member Bill, previously referred to as “Private Member Bills”. Similarly, as your Speaker, I would not approve publication of any proposals made by a Member of this House to introduce a County Allocation of Revenue Bill. The same logic applies. Articles 96 and 217 of the Constitution mandate the Senate to determine the basis for revenue allocation among counties, the counties’ share of the national revenue that is annually allocated to the county level of government. In addition, the Senate is mandated to audit the use of those funds allocated to counties. To change or reject a resolution of the Senate on the basis of allocating funds to the counties or, indeed, the County Allocation of Revenue Bill, the National Assembly is required to muster a two-thirds majority. That special “legislative protection” accorded to a County Allocation of Revenue Bill implies that there is no constitutional basis for the origination of the County Allocation of Revenue Bill in the National Assembly and further that, it was not meant to go through the vagaries of mediation process that other ordinary Bills are subjected to, with the possibility of failure. In my considered opinion, the Constitution went to great lengths to segregate two Bills to the Houses in line with their exclusive roles and functions. Since the inception of the bicameral Parliament in March 2013, both Houses of Parliament have respected their exclusive mandates with regard to originating the Division of Revenue Bill and the County Allocation of Revenue Bill. The National Assembly has originated the Division of Revenue Bill in each of the six years. Even where the Division of Revenue Bill has been lost at mediation, it has been republished and reintroduced in the National Assembly. The decision by the Senate to publish its own version of the Division of Revenue Bill is, therefore, unprecedented in the practice of bicameral Parliament. No excuse, therefore, justifies this inconceivable departure by the Senate from the established practice. Our Parliament operates within and is guided by usages, forms, precedents, customs, procedures, traditions and practices from comparable jurisdictions within the community of nations. An analysis of the practice in comparative jurisdictions indicates that any legislation with regard to the sharing of revenue between two or more levels of government is originated in the House of Parliament charged with the responsibility of approving revenue-raising measures. Over and above, some of the jurisdictions present insights on available avenues of extricating the Houses of Parliament from any limitless disagreements or ping-pong on Bills. Section 73(2)(b) of the Constitution of the Republic of South Africa provides that any Bill may be introduced in the National Assembly, but a Bill under Section 214 of the said Constitution, containing provisions on equitable share and allocation of revenue among national, provincial and local spheres of government, may only be introduced by the Cabinet Member The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}