According to reports that surfaced on Tuesday, 15 April 2014 the Mining Affected Communities United in Action (“Macua”) has appealed to President Zuma to refer the Mineral and Petroleum Resources Development Amendment Bill, 2013 (the “Bill”) back to parliament for further deliberations on community participation.
Macua maintains that the Bill was rushed through the National Council of Provinces (“NCOP”) without them being properly consulted. The Bill was referred to the NCOP after it had been re-tagged as a bill falling under section 76 of the Constitution. Section 72 of the Constitution compels the NCOP to involve the public in its dealings. Section 72 states that, the NCOP must “facilitate public involvement in the legislative and other processes of the Council and its committees.” Thus, absent a justifiable reason, a failure by the NCOP to facilitate public involvement in legislative processes may open its processes to procedural constitutional attacks.
It remains to be seen whether President Zuma will refer the Bill to parliament for further deliberations.
Macua maintains that the Bill was rushed through the National Council of Provinces (“NCOP”) without them being properly consulted. The Bill was referred to the NCOP after it had been re-tagged as a bill falling under section 76 of the Constitution. Section 72 of the Constitution compels the NCOP to involve the public in its dealings. Section 72 states that, the NCOP must “facilitate public involvement in the legislative and other processes of the Council and its committees.” Thus, absent a justifiable reason, a failure by the NCOP to facilitate public involvement in legislative processes may open its processes to procedural constitutional attacks.
It remains to be seen whether President Zuma will refer the Bill to parliament for further deliberations.