National Council of Provinces

National Council of Provinces
Name	National Council of Provinces
Native name	Nasionale Raad van Provinsies (Afrikaans), iBhunga leSizwe laMaPhondo (Zulu), iBhunga laZwelonke leePhondo (Xhosa)
Legislature	Parliament of South Africa
House type	Upper house
Body	Parliament of South Africa
Jurisdiction	South Africa
Foundation	04 February 1997
Preceded by	Senate
Leader1 type	Chairperson
Leader1	Refilwe Mtsweni-Tsipane
Party1	African National Congress
Election1	14 June 2024
Leader2 type	Deputy Chairperson
Leader2	Sylvia Lucas
Party2	African National Congress
Election2	22 May 2019
Members	90
Political groups1	Government (54), ANC (54), Other parties (36), DA (20), EFF (9), VF+ (2), UDM (2), ACDP (1), Al Jama-ah (1), NFP (1)
Voting system1	Indirect election by provincial legislatures
Last election1	22 May 2019
Meeting place	Houses of Parliament, Cape Town, Western Cape
Website	https://www.parliament.gov.za/ncop

National Council of Provinces. The National Council of Provinces is the upper house of the bicameral Parliament of South Africa, established under the post-apartheid Constitution of South Africa. Its primary mandate is to represent provincial interests in the national legislative sphere, ensuring cooperative governance between the national and provincial spheres of government. The council, often abbreviated as the NCOP, replaced the previous Senate and held its first sitting in 1997 following the enactment of the new constitutional order.

History and establishment

The National Council of Provinces was created by the Constitution of the Republic of South Africa, 1996, which was adopted by the Constitutional Court and signed into law by then-President Nelson Mandela. It succeeded the Senate that had functioned under the interim constitution negotiated during the Multi-Party Negotiations and the Convention for a Democratic South Africa. The establishment of the NCOP was a direct outcome of the constitutional principles certifying a system of cooperative government and was influenced by models like the German Bundesrat. Its inaugural session took place on 4 February 1997, marking a significant shift from the apartheid-era Tricameral Parliament to a structure designed to integrate the nine new Provinces of South Africa.

Composition and membership

The NCOP consists of 90 permanent delegates, with each of the nine Provinces of South Africa represented by a single delegation of ten members. Each provincial delegation includes six permanent delegates, who are members of the provincial legislature, and four special delegates, which include the Premier of the province and three other special delegates appointed from the provincial legislature. Delegates are appointed by their respective provincial legislatures following each general election, with party representation proportionally reflecting the composition of each provincial legislature. The council is presided over by a Chairperson and a Deputy Chairperson, elected from among the delegates.

Functions and powers

The core functions of the National Council of Provinces are to represent provincial interests in the national legislative process and to promote the principles of cooperative government and intergovernmental relations. Its constitutional powers include participating in the national legislative process, particularly on matters affecting provinces, as outlined in Schedule 4 and Schedule 5 of the constitution. The NCOP also has the authority to consider, amend, propose amendments to, or reject legislation passed by the National Assembly, and it plays a key role in overseeing the national executive, including through mechanisms like questions to the executive.

Role in the legislative process

In the legislative process, the role of the NCOP varies depending on the type of bill. For ordinary bills not affecting provinces, it can only make recommendations which the National Assembly may accept or reject. For bills affecting provinces, such as those on functional areas like education or health, the NCOP has equal decision-making power and must pass the bill. The council considers legislation through its internal structures, including select committees which mirror the portfolio committees of the National Assembly. A critical procedure is the mandating process, where provincial delegations must vote in accordance with mandates received from their provincial legislatures.

Relationship with the National Assembly

The National Council of Provinces and the National Assembly constitute the two houses of the Parliament of South Africa, with the latter being the primary house where the President and the national executive are accountable. While the National Assembly represents the people at a national level, the NCOP represents provincial governments. They operate in a bicameral relationship where certain bills, especially money bills and constitutional amendments, require passage by both houses. Disagreements between the two houses are resolved through a Mediation Committee, established under the constitution and composed of members from both the National Assembly and the NCOP.

Provincial representation and interests

The fundamental design of the NCOP is to ensure that the interests of the Provinces of South Africa are protected in the national sphere. Each provincial delegation must reflect the party political makeup of its provincial legislature, ensuring that diverse provincial political mandates are represented in Cape Town. The council provides a formal platform for provinces to influence national policy, particularly on issues like provincial budgets, local government, and cultural matters. This structure is intended to strengthen the autonomy of provinces while maintaining national unity, a balance central to the Constitution of South Africa's vision of Cooperative governance.

Category:National Council.