IN THE SPOTLIGHT: PRIVATE MEMBERS’ BILLS

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IN THE SPOTLIGHT: PRIVATE MEMBERS’ BILLS

• 30 September 2025
• In the Spotlight
• SA Legal Academy

Of the 38 Bills now before Parliament, 13 have been tabled by back benchers as private members’ Bills. Not only is this unprecedented. It is also somewhat puzzling given that, over the years, most private members’ Bills have been declared ‘undesirable’ by the National Assembly committees to which they were assigned for processing. It remains to be seen what – if anything – has changed under a government of national unity.

Every Bill tabled in the National Assembly is subjected to a desirability vote by the portfolio committee to which it has been assigned. In the case of a private member’s Bill, this follows:

• a briefing from the MP responsible for introducing the Bill, and
• a formal response from the national government department responsible for administering any legislation likely to be affected by the Bill’s proposals.

The pre-tabling procedural requirements followed by any Bill developed by a national government department for introduction by the Cabinet member concerned include:

• various rigorous internal processes
• a socio-economic impact assessment
• Cabinet cluster committee scrutiny, and
• Cabinet approval.

A private member’s Bill is not subjected to the same rigorous processes and does not require Cabinet scrutiny or approval before being introduced.

Prior to the 30 June 2024 formation of a government of national unity, private members’ Bills were generally tabled by the members of opposition parties. Only one was introduced by an ANC back bencher and it was allowed to lapse without being considered.

Four of the 13 private members’ Bills now before Parliament were tabled before the formation of a government of national unity and were revived, having lapsed when Parliament rose for the May 2024 elections. Three of those Bills were developed by the Democratic Alliance (DA) in its role as leading opposition party. One was developed by the Economic Freedom Fighters (EFF).

Of the nine private members’ Bills since tabled under a government of national unity, five were developed by the DA, two by the EFF, one by the uMkhonto WeSizwe Party  (MK), and one by ActionSA.

It is not clear why – as a member of the government of national unity – the DA chose to introduce post-30 June 2024 legislation this way, especially given that two of the party’s Bills seek to amend the Constitution and two seek to address matters affecting the functioning of municipal councils.

Of the three DA Bills tabled before Parliament rose for the May 2024 elections and later revived, two also seek to amend the Constitution.

SA Legal Academy has already reported on each of the 13 private members’ Bills now before Parliament. They are listed below in tabling date order, with a link to the most recent SA Legal Academy report concerned.

To determine the status of each Bill, readers are referred to the latest spreadsheet.

• August 2018: South African Reserve Bank Amendment Bill (EFF) (report)
• March 2023 Prevention of Illegal Eviction from & Unlawful Occupation of Land Amendment Bill (DA) (report)  
• June 2023 Electoral Commission Amendment Bill (DA) (report) 
• July 2023: Constitution Twentieth Amendment Bill (DA) (report) 
• November 2024 Constitution Twenty-First Amendment Bill (DA) (report) 
• February 2025 Constitution Nineteenth Amendment Bill (DA) (report) 
• February 2025 Local Government: Municipal Structures Amendment Bill (DA) (report) 
• March 2025 Local Government: Municipal Structures Second Amendment Bill (DA) (report) 
• April 2025 Performing Animals Protection Amendment Bill (DA) (report) 
• June 2025 Remuneration of Public Office Bearers Amendment Bill (ActionSA) (report) 
• July 2025 Insourcing Bill (EFF) (report) 
• September 2025 Liquor Amendment Bill (EFF) (report) 
• September 2025 Constitution Twenty-Second Amendment Bill (MK) (report) 

Published by SA Legal Academy Policy Watch

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