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National Council of Provinces

Upper house of the Parliament of South Africa


Upper house of the Parliament of South Africa

FieldValue
background_colorGreen
nameNational Council of Provinces
titlestylebackground:transparent;text-align:left;padding-left:2.5em;font-size:85%;
liststyletext-align:center;white-space:nowrap;
fontsize68%}}
fontsize68%}}
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legislature28th Parliament
coa_captionLogo of the Parliament of the Republic of South Africa
coa_res150px
house_typeUpper house
bodyParliament of South Africa
foundation1997
leader1_typeChairperson
leader1Refilwe Mtsweni-Tsipane
party1ANC
election115 June 2024
leader2_typeDeputy Chairperson
leader2Les Govender
party2IFP
election29 July 2024
leader3_typeChief Whip
leader3Kenny Mmoiemang
party3ANC
election315 June 2024
leader4_typeLeader of the Opposition
structure1South Africa NCOP 2024.svg
structure1_res300px
political_groups1* ANC (24 + 19)
* {{Color box#1f78b4borderdarkgray}} DA (12 + 9)
* {{Color box#e31a1cborderdarkgray}} EFF (8 + 2)
* {{Color box#4CBB17borderdarkgray}} MK (5 + 4)
* {{Color box#EC8713borderdarkgray}} VF+ (2 + 0)
* {{Color box#FF0000borderdarkgray}} IFP (1 + 1)
* {{Color box#556B2Fborderdarkgray}} PA (1 + 1)
* {{Color box#FFDE01borderdarkgray}} UDM (1 + 0)
* {{Color box#ADEBADborderdarkgray}} ActionSA (0 + 1)
members90 (54 permanent, 36 special)
last_election113 and 14 June 2024
next_election12029session_room = National Council of Provinces of South Africa.jpg
meeting_placeNCOP Chamber, Houses of Parliament, Cape Town, Western Cape, South Africa
websiteNational Council of Provinces

| 10 other official names: | af | nr | xh | zu | ss | nso | st | tn | ts | ve

  • DA (12 + 9)
  • EFF (8 + 2)
  • MK (5 + 4)
  • VF+ (2 + 0)
  • IFP (1 + 1)
  • PA (1 + 1)
  • UDM (1 + 0)
  • ActionSA (0 + 1)

The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the post-apartheid constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces, rather than directly representing the people.

Composition

The NCOP consists of ninety delegates, ten delegates for each of the nine provinces regardless of the population of the province. Each province is equally represented in the NCOP.

A provincial delegation is composed of six permanent delegates and four special delegates. The party representation in the delegation must proportionally reflect the party representation in the provincial legislature, based on a formula included in the Constitution of South Africa.

The permanent delegates are selected by the nine provincial legislatures. The four special delegates include the Premier of the province and three other delegates. They are nominated by each province from the members of the provincial legislature and are contingent on the subject matter being considered by the NCOP. The premier leads the province's delegation in the NCOP, but they can choose any of the other delegates to head the delegation in their absence.

The South African Local Government Association (SALGA) is also represented in the NCOP. SALGA has 10 delegates who may partake in the debates and other activities, but they do not vote.

Current composition

After the elections of 29 May 2024, the new provincial legislatures met on 13 and 14 June 2024 to elect NCOP delegations. The first sitting of the NCOP took place on 15 June 2024. The delegations elected are described in the following table.

PartyDelegate typeProvinceTotalECFSGKZNLMNWNCWCTotal10101010101010101090
African National Congress}} rowspan=2African National CongressPermanent3321434312443
Special32214222119
Democratic Alliance (South Africa)}} rowspan=2Democratic AlliancePermanent1121111131220
Special1111138
Economic Freedom Fighters}}" rowspan="2"Economic Freedom FightersPermanent11111111810
Special112
uMkhonto we Sizwe (political party)}} rowspan=2UMkhonto WeSizwePermanent13159
Special1214
Freedom Front Plus}}"Freedom Front PlusPermanent1122
Inkatha Freedom Party}}" rowspan="2"Inkatha Freedom PartyPermanent112
Special11
Patriotic Alliance}}" rowspan="2"Patriotic AlliancePermanent112
Special11
United Democratic Movement}}"United Democratic MovementPermanent111
ActionSA}}"ActionSASpecial111

Population per delegate

Province2022 census populationPopulation per delegate
Eastern Cape7,230,204723,020.4
Free State2,964,412296,441.2
Gauteng15,099,4221,509,942.2
KwaZulu-Natal12,423,9071,242,390.7
Limpopo6,572,720657,272.0
Mpumalanga5,143,324514,332.4
North West3,804,548380,454.8
Northern Cape1,355,946135,594.6
Western Cape7,433,019743,301.9
South Africa62,027,503689,194.5

Role in the legislative process

The NCOP may consider, amend, propose amendments to, or reject the legislation. It must consider all national bills, and also has the power to initiate legislation in the functional areas where Parliament and the provincial legislatures have concurrent legislative power.

The NCOP has four decision-making mechanisms depending on the type of bill:

  • Section 74 bills; they may not deal with any matters other than constitutional amendments and matters related to the amendments. A bill that amends section 1 of the constitution (which defines South Africa as a constitutional democratic republic), or amends the Bill of Rights, or amends any constitutional provision affecting the NCOP itself, provincial boundaries or powers, or other specifically provincial matters, must be passed by the NCOP. Each delegation has one vote, and six of the nine delegations must approve the bill for it to pass. Other constitutional amendments do not have to be passed by the NCOP, but they must be debated publicly in the NCOP.
  • Section 75 Bills; These bills are managed with regard to the process specified in section 75 of the Constitution. When voting on these Bills, delegates vote individually. The Bill is approved when a simple majority of delegates vote for the Bill.
  • Section 76 Bills; Bills that concern the provinces are mainly those that correlate with areas of combined national and provincial legislative powers. These Bills are dealt with in the provision of the procedure in section 76 of the Constitution. When voting on these bills, the nine provincial delegations vote in line with the instruction communicated to them by their respective provincial legislatures. Each delegation has one vote. The Bill is approved if a majority of delegations vote for the Bill.
  • Section 77 Bills; These are Bills which cover the appropriation of money, the enactment of national taxes, levies, duties or surcharges. They are handled with reference to the process delineated in section 77 of the Constitution. Delegates vote individually. The Bill is accepted when the majority of delegates vote to approve it.

Office bearers

Chairperson and deputy chairperson

The office of President of the Senate was succeeded by the office of chairperson of the National Council of Provinces in 1997. The inaugural holder of the position was Mosiuoa Lekota. He served as chairperson from 1997 to 1999. The chairperson is elected from the permanent delegates for a five-year term. The election of the chairperson is presided over by the Chief Justice of South Africa. The Chief Justice can, however, designate another judge to preside. The chairperson, in turn, presides over the other elections that takes place in the chamber. The legislative body also elects a permanent deputy chairperson. A second deputy chairperson is elected for a one-year term. The position rotates between the nine provinces, enabling the provinces to have its members elected second deputy chairpersos.,

The chairperson chairs all the sittings of the National Council of the Provinces. If the chairperson is not present at the sittings, the deputy chairperson or House Chairpersons can preside over the sitting of the chamber.

The current chairperson is Refilwe Mtsweni-Tsipane who took office on 15 June 2024. The following people have served as chairperson of the NCOP:

No.PortraitName
(Birth–Death)Term of officePolitical partyTook officeLeft officeTime in officeAfrican National Congress}}; color:white;"1African National Congress}}; color:white;"2African National Congress}}; color:white;"3African National Congress}}; color:white;"4African National Congress}}; color:white;"5African National Congress}}; color:white;"6African National Congress}}; color:white;"7
[[File:Mosiuoa Lekota, 000215-D-9880W-112 detail.jpg80px]]Mosiuoa Lekota
(born 1948)6 February 199721 June 1999African National Congress
[[File:Naledi Pandor 2012.jpg80px]]Naledi Pandor
(born 1953)21 June 19994 May 2004African National Congress
[[File:No image.png80px]]Joyce Kgoali
(1950–2004)4 May 200421 November 2004
(Died in office)African National Congress
[[File:Mninwa Johannes Mahlangu.jpg80px]]Mninwa Johannes Mahlangu
(1952–2025)17 January 2005
Acting since
21 November 200422 May 2014African National Congress
[[File:Spotkanie premier Beaty Szydło z Thandi Modise (cropped).jpg80px]]Thandi Modise
(born 1959)22 May 201422 May 2019yearsAfrican National Congress
[[File:Manmohan Singh being presented with an appreciation medal by the Executive Mayor, Mr. Amos Masondo at the inauguration of the permanent exhibition - Gandhi A Prisoner of Conscience, at Johannesburg, South Africa (cropped).jpg80px]]Amos Masondo
(born 1953)23 May 201928 May 2024African National Congress
[[File:Refilwe Mtsweni-Tsipane (cropped).jpg80px]]Refilwe Mtsweni-Tsipane
(born 1973)15 June 2024IncumbentAfrican National Congress

Timeline

ImageSize = width:1000 height:auto barincrement:21 PlotArea = top:10 bottom:80 right:100 left:20 AlignBars = late

Define $today =

Colors = id:anc value:rgb(0,0.5,0) legend:African_National_Congress

id:gray1 value:gray(0.85) id:gray2 value:gray(0.95)

DateFormat = dd/mm/yyyy Period = from:01/01/1997 till:31/12/ TimeAxis = orientation:horizontal ScaleMajor = gridcolor:gray1 unit:year increment:5 start:2000 ScaleMinor = gridcolor:gray2 unit:year increment:1 start:1997

Legend = columns:1 left:150 top:35 columnwidth:170

TextData = pos:(20,38) textcolor:black fontsize:M text:"Political party:"

BarData = bar:Lekota bar:Pandor bar:Kgoali bar:Mahlangu bar:Modise bar:Masondo bar:Mtsweni-Tsipane

PlotData = width:5 align:left fontsize:9 shift:(5,-4) anchor:till

bar:Lekota from: 06/02/1997 till: 21/06/1999 color:anc text:"Mosiuoa Lekota" bar:Pandor from: 21/06/1999 till: 04/05/2004 color:anc text:"Naledi Pandor" bar:Kgoali from: 04/05/2004 till: 21/11/2004 color:anc text:"Joyce Kgoali" bar:Mahlangu from: 21/11/2004 till: 22/05/2014 color:anc text:"Mninwa Johannes Mahlangu" bar:Modise from: 22/05/2014 till: 22/05/2019 color:anc text:"Thandi Modise" bar:Masondo from: 23/05/2019 till: 28/05/2024 color:anc text:"Amos Masondo" bar:Mtsweni-Tsipane from: 15/06/2024 till: $today color:anc text:"Refilwe Mtsweni-Tsipane"

Chairperson of the Committees

The chairperson of the committees is appointed by the members of the legislature. The position holds the following roles, including presiding over the meeting of the committee of chairpersons, approve the budget and expenditures of the committees and to preside over sittings of the House, when requested or when the chairperson and deputy chairperson are not available.

Chief Whips and Party Whips

Whips represent their individual parties' interests and ensure the discipline of their members. They also ensure that their parties function effectively. There are two Chief Whips who are official office bearers, the Chief Whip of the majority party and the Chief Whip of the largest opposition party. The smaller parties have Senior Whips assisted by a number of whips. The Chief Whips are formally appointed by the chairperson. The Chief Whip of the majority party is responsible for the detailed arrangement of the legislative business.

Leader of the Opposition

The position is designated to the leader of the largest opposition party in the legislature. Cathlene Labuschagne of the Democratic Alliance has been serving as Leader of the Opposition since her election in September 2016.

References

References

  1. "National Council of Provinces". Parliament of South Africa.
  2. (2023-10-28). "STATISTICAL RELEASE".
  3. ''[[Constitution of the Republic of South Africa, 1996]]'', [[s:Constitution of the Republic of South Africa, 1996/Chapter 4#NLP. ss. 73–77]].
  4. [https://www.parliament.gov.za/ncop-presiding-officers NCOP PRESIDING OFFICERS]. Retrieved on 28 December 2018.
  5. [https://www.pa.org.za/info/national-council-provinces National Council of Provinces]. Retrieved on 29 December 2018.
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