Parliamentary Update: Processing of Private Members’ Bills

Posted 30 September 2025 Written by Acts Online
Category Legislation

Brought to you by SA Legal Academy: Parliament is currently managing an unprecedented volume of private members’ Bills, which now account for 13 of the 38 Bills currently before the legislature.

In terms of the Rules of the National Assembly, private members’ Bills are not subjected to the same pre-tabling procedural requirements as executive Bills developed by national government departments. Specifically, these Bills do not require Cabinet scrutiny or approval before being introduced to the National Assembly. However, every Bill tabled by a member is subject to a desirability vote by the relevant portfolio committee to determine whether the legislative proposal should proceed.

Of the 13 private members’ Bills currently under consideration, four were revived after lapsing when Parliament rose for the May 2024 elections. The remaining nine Bills have been introduced since the formation of the government of national unity on 30 June 2024. The current portfolio of private members’ legislation includes:

  • Eight Bills introduced by the Democratic Alliance (DA), including proposals to amend the Constitution of the Republic of South Africa, 1996, and legislation regarding municipal council operations.
  • Three Bills introduced by the Economic Freedom Fighters (EFF).
  • One Bill introduced by the uMkhonto WeSizwe Party (MK).
  • One Bill introduced by ActionSA.

Historically, most private members’ Bills have been declared ‘undesirable’ by National Assembly committees. The current volume represents a shift in legislative activity, particularly as members of the government of national unity continue to utilize this mechanism for proposing amendments to the Constitution and local government frameworks.

To determine the status of each Bill, readers are referred to the latest spreadsheet of Bills being processed in Parliament.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; professional impact is limited to the requirement to monitor these legislative tracks for potential changes to the Constitution of the Republic of South Africa, 1996.
  • For your business: Compliance and legal departments must track these Bills independently of government department roadmaps, as they bypass the standard Cabinet-led public consultation and impact assessment phases prior to tabling.
  • For your clients: Clients operating in the municipal sector or those affected by constitutional rights should be advised that these Bills, while often declared undesirable, represent active attempts to alter the regulatory landscape outside of the executive’s legislative program.

Originally published at https://legalacademy.co.za/news/read/in-the-spotlight-private-members-bills

The views expressed herein are those of the author and do not necessarily reflect those of Acts Online. Acts Online accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.