Republic of South Africa Constitution Act, 1983/1988-10-21

as amended by

Constitution Amendment Act, No. 105 of 1984

Powers and Privileges of Parliament and the Constitution Amendment Act, No. 99 of 1985

Provincial Government Act, No. 69 of 1986

Constitution Amendment Act, No. 20 of 1987

Constitution Amendment Act, No. 50 of 1988

Constitution Third Amendment Act, No. 101 of 1988

78. (1) The President’s Council shall at the request of the State President advise him on any matter referred to it by the State President for its advice, and may, in its discretion, advise him on any matter (excluding draft legislation) which, in its opinion, is of public interest.

(2) Whenever a matter is referred to the President’s Council for its advice or when that Council is of the opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 76 for advice, and if the Council is not in session, reference of such matter to such a committee for its advice may be effected in accordance with rules and orders made by the Council.

(3) The President’s Council may transmit any advice received by it in terms of subsection (2) to the State President as the advice of the Council, whether with or without its comments thereon.

(4) (a) When any bill or bills are referred for decision to the President’s Council under section 32, it may refer such bill or bills to a committee contemplated in section 76 for investigation and report, and if the Council is not in session, reference of such bill or bills to such a committee for investigation and report may be effected in accordance with rules and orders made by the Council, and the Council may take any such report and any recommendation contained therein into consideration when acting in terms of paragraph (b) of this subsection or in terms of subsection (5) of this section.

(b) The President’s Council may from time to time advise the State President that any bill or bills so referred to it, be amended or otherwise dealt with in the manner recommended by the President’s Council.

(5) Unless the State President withdraws the reference, the President’s Council shall decide―

in the case of a bill referred to in section 32 (1) (a), either that the bill is to he presented to the State President for assent or that it shall not be so presented; in the case of a bill referred to in section 32 (1) (b), either which one of the different versions of such bill that were passed is to be presented to the State President for assent, or that none of those versions shall be so presented; in the case of a bill referred to in section 32 (1) (c) or (d), which one of the different versions of such bill that were passed is to be presented to the State President for assent.

(6) The President’s Council or a committee thereof may, for the purposes of the performance of its functions and in its discretion, consult with any person or State institution on any matter, and may for such purpose establish consultative committees consisting of members of the President’s Council or such committee, as the case may be, and members of any council established by the State President in terms of any other law.

(7) Advice received by the State President in terms of subsection (1) shall be laid upon the Table in every House that has an interest in it within 14 days after its receipt, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

(8) Advice received by the State President in terms of subsection (4) (b) and accepted by him, and any decision of the President’s Council in terms of subsection (5), shall be laid upon the Table of every House as soon as possible.