Delegated Legislation In South Africa

Delegated legislation is a process by which the government delegates power to a specific body, such as an administrative tribunal, in order to speed up or simplify the process of lawmaking. In South Africa, delegated legislation has become an important part of the legislative process. It’s been used to streamline various legal processes, from land reform to water management. This blog post will explore the benefits of delegated legislation and how it can benefit your business. By understanding what delegated legislation is and how it works, you can decide if it’s the right solution for your business.

Delegated Legislation in South Africa

Delegated Legislation in South Africa

In South Africa, delegated legislation is a feature of the legislative system that allows for the enactment of laws by subordinate legislatures. Delegated legislation can be passed by either the national or provincial legislatures. National delegated legislation is enacted by the Parliament, while provincial delegated legislation is enacted by the provincial legislatures.

The concept of delegated legislation was first introduced in South Africa in 1932, and it has since been used to pass a wide variety of laws. Delegated legislation is often used to pass bills that are too controversial or important for Parliament to pass on its own. It is also used to fill gaps in the national legislature’s powers.

There are two types of delegates that can enact delegated legislation: primary and supplementary delegates. Primary delegates are members of the Parliament itself, while supplementary delegates are members of lower chamber assemblies or standing committees appointed by the Parliament.

Types of Delegated Legislation

There are three main types of delegated legislation in South Africa:

1. Regulations made by the national executive as required by statute or constitutional provision;

2. Orders made by a minister on the advice of a departmental head as required by government policy; and

3. Statutory instruments made under a statutory power conferred on the minister (or department) by an Act of Parliament.

How Delegated Legislation Works