Petitions

Participate in Parliament » Petitions

PETITIONS TO PARLIAMENT

Section 56 (d) and 69 (d) of the Constitution provides for the National Assembly and the National Council of Provinces (NCOP) to receive petitions, representations or submissions from any interested persons or institutions.

Public participation in law-making, oversight and other processes of Parliament is an important constitutional provision of our democracy. Parliament has developed a number of ways to promote public involvement in the work of the institution. One way the public can exercise their right to participate in Parliament is through submitting a petition.

Procedures for dealing with petitions are set out in the rules of the National Assembly and the National Council of Provinces.

WHAT IS A PETITION?

A petition is a formal request to Parliament for intervention in a matter. It can take the form of either a request for assistance with a specific issue or for the redress of a grievance.

TYPES OF PETITIONS

There are generally two types of petitions, namely special petitions and public or general petitions. A special petition is when an individual makes a specific request or asks for personal relief from the State, which is not authorised by law, such as access to a pension. A public petition is when a group of citizens with similar interests request general relief or redress of a grievance.

PRESENTATION OF A PETITION

Anyone can petition Parliament, including individuals, organizations and groups seeking redress on any matter that is within the ambit of Parliament.

According to the Constitution, “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.” However, there are certain procedures that individuals and/or groups have to follow when petitioning Parliament. The presentation of petitions is governed by the rules of Parliament.

A petition submitted to the NCOP should be in the form prescribed by the Chairperson of the Council. The rules of the NCOP do not draw a distinction between special and general petitions.

HOW TO WRITE A PETITION

A petition should comply with the following requirements:

  • Be in a form prescribed by the Speaker of the National Assembly (NA) or the Chairperson of the National Council of Provinces (NCOP);
  • Include the name/s and contact detail/s of the petitioner/s;
  • Clearly indicate whether it is directed to the NA or the NCOP. This is the intended recipient of the petition (to whom the petition is being addressed);
  • Clearly indicate the nature of the request being made (the subject of the petition);
  • Include a clear motivation for the petition;
  • The petition must be in any of the official languages of South Africa;
  • Be signed by the petitioner(s) themselves (unless the Speaker or Chairperson decides otherwise);
  • Not contain improper or disrespectful language; and
  • Must indicate the nature of the relief (assistance) asked from Parliament.

A petition may not be accepted if, inter alia:

  • It has been previously considered by a parliamentary Committee, except if that petition, contains new information that may materially impact on the outcome of re-consideration of the matter;
  • It has not yet been brought to the attention of a relevant body. If it has been, the relevant body has been afforded reasonable time to consider the matter;
  • It concerns a matter pending in a court of law, tribunal, forum, investigative institution or body contemplated within the Constitution or any other law;
  • It concerns the conviction and sentencing of a person by a criminal court or judgment made by a civil court of law;
  • It originates from a prisoner and is connected to his or her case;
  • it seeks to review or overturn the proceedings of judgment of a competent court;
  • It should not deal with a matter that is already before any parliamentary Committee; and
  • It contains improper or disrespectful language.
HOW TO SUBMIT A PETITION IN PARLIAMENT

You can talk to an MP before submitting your petition, as they can assist you with the format and content of your petition. You can also draft a petition on your own.

If there are supporting documents on the issue raised by the petitioner(s), attach them to the petition.

Your petition will be lodged with the Secretary to Parliament to review it and confirm that it is correct in format and content, and then submitted to the Speaker of the National Assembly or the Chairperson of the National Council of Provinces.

If the petition complies with all the requirements, it will be tabled in Parliament. If it is a special petition, it will be referred to the Committee on Private Members’ Legislative Proposals and Special Petitions in the NA or the Select Committee on Public Petitions and Executive Undertakings in the NCOP. If it is a petition of a general nature, it will be referred to the relevant Portfolio [or Select Committee(s)] that deals with the issue(s) raised in your petition.

Enquiries on petitions may be directed to:

The Clerk of Papers
Tel: (021) 403-2224/6
P.O. Box 15, Cape Town, 8000.

Office of the Secretary to the NCOP
Email:  NCOP-Petitions@parliament.gov.za

Office of the Undersecretary of the National Assembly: RPP
Email: nxauka@parliament.gov.za