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The White Paper and Legislation Process: A Comprehensive Guide

This article provides an overview of the white paper process in local government and the subsequent legislation process. It covers the publication of discussion documents, research, consultation with stakeholders, cabinet approval, publication of green paper, workshops and conferences, finalization of policy options, and submission of the white paper to cabinet. It also outlines the legislation drafting process, publication of draft bills, cabinet consideration, certification by state law advisers, introduction in national assembly or national council of provinces, committee consideration and amendment, house approval, and presidential assent.

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The White Paper and Legislation Process: A Comprehensive Guide

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  1. An example of the White Paper Process -The local government White Paper Process and the legislation  process1. THE WHITE PAPER PROCESS 1.1Publication of discussion document “Towards a White Paper on local government in South Africa”, March 1997.

  2. 1. THE WHITE PAPER PROCESS 1.2  Extensive research - Primary as well as secondary research on both local and international experiences. -Consultation with government departments, provinces and other relevant stakeholders. - Consideration of inputs received on discussion document.

  3. d the legi1.THE WHITE PAPER PROCESS 1.3 Cabinet approval of Green Paper • October 1997

  4. An 1. THE WHITE PAPER PROCESS 1.4  Green Paper published • October 1997Open for comment until 1 December 1997

  5. 1. THE WHITE PAPER PROCESS 1.5  Provincial workshops/conferences • Parliamentary Portfolio Committee Hearings Workshops on selected topics

  6. 1. THE WHITE PAPER PROCESS 1.6 National Conference on Local Government White Paper: 8-9 • December 1997 to finalise policy options to be contained in White Paper

  7. 1. THE WHITE PAPER PROCESS 1.7  White Paper submitted to Cabinet for approval  • Published in March 1998

  8. An exa2. THE LEGISLATION PROCESS 2.1  Legislation is drafted by the Minister and department • After consultation with key stakeholders

  9. 2. THE LEGISLATION PROCESS 2.2  The draft bill is published in the Government Gazette  • For comment by the public within a stipulated timeframe

  10. 2. THE LEGISLATION PROCESS 2.4 Draft bill submitted to Cabinet • Cabinet considers the principles it contains

  11. 2. THE LEGISLATION PROCESS 2.5 Draft bill referred to State Law Advisers for certification

  12. 2. THE LEGISLATION PROCESS 2.6 Draft bill introduced either in the National Assembly or the National Council of Provinces

  13. 2. THE LEGISLATION PROCESS 2.7 A bill is automatically referred to the relevant Portfolio Committee or Select Committee for consideration. • The committee may call for further evidence or invite written submissions to refine the Bill, after which they may amend it. They vote on the bill and submit a report to the relevant House

  14. 2. THE LEGISLATION PROCESS 2.8 The committee submits its report for debate in the House in which it was first tabled.  • Once the House has approved the Bill, it goes to the other House where the same procedure is followed

  15. 2. THE LEGISLATION PROCESS 2.9 When passed by both Houses, the Bill goes to the State President for his/her assent

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