Unit 7: The Law Making
Process
Lecturer: Mrs. Angelique L. Zender
The notes for this lecture was prepare d by Dr. K. Kariseb.
I am indeed indebted to my colleague for borrowing this
text me. Copyright:@ALZENDER2024
Unit 7: Lesson Outline
7.1 Meaning of “law making
process”
7.2 Phases and stages in the law
making process
7.1 The meaning of “law making
process”
• Refers to the procedural phases in
which a law is made, including the
amendment of laws at any stage after
its promulgation.
• Administrative Directive published
under Notice 1 of 5 February 1993,
read together with the Standing Rules
and Orders of Parliament, 2016 (as
amended) sets out the procedures of
the law making process.
• „Law‟ in this particular instance refers
to the laws made by Parliament.
Parliament as law making functionary
“Premised on a bicameral
legislative system, legislative
authority rests primarily with
the National Assembly
(Article 44, read with Article
63 of the Constitution), and
the National Council, which
in terms of Articles 74 (1) (a)
and 75 (1)of the Constitution,
serves as a house of
legislative review.”
7.2 Phases and stages in the law making
process
Phase 1 Phase 3
Phase 2
Pre- Post-
Parliamentary
Parliamentary Parliamentary
Phase
Phase Phase
Phase 1
Pre- Parliamentary Phase:
• Responsibly Office, Ministry/
Agency formulates a policy
explaining the need for legal
“Stage 1: intervention.
Policy • Usually such a process involves
public consultations, including
formulation.” input from, or assistance from,
the Law Reform and
Development Commission.
• Often results in the
development of “Green and/or
White Papers”.
• Responsible Office/Ministry/
Agency consults the Attorney-
“Stage 2: General on proposed
law/policy.
Attorney-General • Formal notification to the
Consultation.” Attorney-General of the
proposed law or policy.
• Office of the Attorney-General
may provide input and
guidance on the policy
position/proposed law.
• Responsible Office/ Ministry/
Agency prepares a laypersons
“Stage 3: draft bill and Explanatory
Memorandum of the proposed
Submission to the lay and submits to the Cabinet
Cabinet Committee Committee on Legislation for
on Legislation.” deliberation and certification.
• First vetting of the document
by issuance of a certificate.
• Responsible Office/
Ministry/Agency send out
“Stage 4: the proposed law/policy,
Cabinet Committee on
Submission to Legislation certificate and
Cabinet.” Cabinet Memorandum
for approval the principle
or policy justification of
the proposed law.
• Responsible
Office/Ministry/Agency sends the
“Stage 5: draft proposal for law/policy and
all supporting documentation to
Submission to the Ministry of Justice,
Directorate of Legislative Drafting.
Ministry of Justice,
• Formal drafting of the proposed
Directorate: law begins.
Legislative • The Directorate translates the
Drafting.” proposed law/policy into a formal
draft legislation and send the
finalized draft to the responsible
Office/Ministry/Agency.
• Responsible Office/Ministry/
Agency sends (back) letter of
“Stage 6: satisfaction with final draft Bill to
Letter of Ministry of Justice, Directorate:
Legislative Drafting, for further
satisfaction by consideration.
responsible • Letter of satisfaction can indicate
Office/Ministry/A possible areas of further scrutiny
gency.” and proposed amendments to the
draft proposal of law/policy.
• Second vetting takes place.
Directorate certifies the draft
proposed law.
• Once certified by the
“Stage 7: Directorate, the
Directorate forwards the
Submission of the draft proposed law/policy
proposed law/policy to the Attorney-General
to the Attorney- for certification and
General.” Introduction to the
National Assembly.
• Third vetting takes place
as a pre-requisite for
parliamentary stage.
• This stage marks the second
phase.
• The proposed law as certified
“Stage 8: by Cabinet and the Attorney-
General gets tabled in the
Parliamentary National Assembly by the
Stage” relevant
Ministry/Office/Agency as a
Bill.
• It goes through various
“readings” in Parliament,
which may result in further
amendments being made to
the Bill.
Phase 2: Parliamentary Stage
• Broadly refers to the phase at which Parliament considers
the provisions of a Bill for promulgation.
• Once the proposed law reaches the parliamentary stage it
has become a “Bill” and is therefore formally addressed as
such.
• Promulgation in this context means “when a bill is called
into existence, its wording is decided on and the text is
finalized and is brought into operation”.
• Promulgation usually occurs through publication in the
Government Gazette.
Every Bill presented in the National
Assembly shall be introduced upon
Stage 1: motion and question: “That leave be
given to introduce such a Bill”. Such leave
shall be done by a notice addressed to the
Move of the Bill Speaker of the National Assembly.
Usually the Notice is done by the line
by Notice of Minister responsible for the particular
Motion Bill and is addressed to the Speaker of
the National Assembly through the
Secretary of the National Assembly. The
notice shall set out the general objectives
of the Bill.
Once notice is given the presenter then
formally tables the bill at the desk of the
seat of the Secretary of the National
Assembly.
• Once the Bill has been tabled at the desk of the
Secretary of the National Assembly, the Speaker
will instruct the Secretary read out the short hand
title of the Bill out loud to all members, marking
Stage 2: the first reading.
• The first reading is the formal tabling of the
First Reading Bill to the members of the National Assembly (and
Public).
• At this stage the Bill has become an official
public document that can be accessed by
members of the general public.
• At this stage no question shall be put nor is the
Bill open for discussion to the members of
Parliament.
• The first Reading of the Bill is done by the
Speaker, but in practice the Secretary of the
National Assembly reads out the title of the Bill to
the members of the National Assembly.
At this stage the mover or line Minister is directed
to introduce the Bill to the National Assembly.
At the stage of the second reading, the basic
principles and main objectives of the Bill are
discussed.
Stage 3: The mover or the line Minister usually gives a
speech explaining the basis and basic provisions of
the bill. Such speech also gives background,
Second rationale and context of the Bill.
At this stage the bill is open for parliamentary
Reading debate and input from members of the National
Assembly and the mover or the line Minister shall
reply to all questions and concerns posed during
the debate by members of the National Assembly.
Once the debate is concluded with the response or
responses of the mover or line Minister, the short
title of the Bill is read for the second time by the
Secretary of the National Assembly.
The Bill is then send to the Committee Stage.
Stage 4: Whole House Committee Stage
Upon conclusion of the Second Reading, all Bills stand automatically
referred to the Committee of the Whole Assembly in terms of Rule 28
of the Standing Rules and Procedures of the National Assembly,
unless a motion is moved and agreed upon by the House that the Bill
be referred to a relevant Standing or Select Committee for enquiry and
report back in terms of Rule 65 of the Standing Rules and Procedures
of the National Assembly.
If it is decided that the Bill shall be send to a Standing Committee (in
practice the Standing Committee on Constitutional and Legal Affairs),
such a Standing Committee shall deliberate on the Bill and address
the specific concerns the National Assembly tasked it to address.
The Standing Committee must then report back to the National
Assembly in terms of Rule 37 of the Standing Rules and Procedures
of the National Assembly. This stage is referred to as the Reporting
Stage. This stage shall not commence if the Bill is considered in the
Whole House Committee stage. In practice however, most Bills
stand tabled before the Whole House Committee without being send
to a Standing Committee for scrutiny.
The Whole House Committee is chaired by a Chairperson and a
deputy Chairperson elected by the members of the National
Assembly. Usually the Speaker is not eligible for this Committee.
The Chairperson of the Whole House Committee directs the
proceedings, discussions and debates amongst members of the
National Assembly of a Bill that has reached Committee Stage.
During the Committee stage the Bill is considered in detail
on a clause by clause basis.
During the progress of a Bill, corrections of a verbal or
formal nature (viz. spelling errors or obvious grammatical
or typographical errors) may at any time be made in the
text of a Bill by the Secretary of the National Assembly
under the direction of the Speaker or Chairperson of the
Whole House Committee. Substantive and all other
corrections shall be made by way of motion and dealt with
as any other amendment.
At the close of the proceedings of the Whole House
Committee, the Chairperson of the Whole House Committee
shall forthwith report the Bill with or without amendments
to the National Assembly.
If the Bill is reported with amendments, a day shall be
appointed, subject to Rule 21 of the Standing Rules and
Procedures, to consider the amendments, and it shall, if
necessary in the opinion of the Speaker, be reprinted with all
amendments thereto and a copy thereof furnished to every
Member.
List of Parliamentary Standing
Committees
There exists ten (10) Standing Committees in the National
Assembly, with different thematic portfolio duties, namely:
1. Standing Committee on Standing Rules, Orders and
Internal Arrangements (Permanent Committee)
2. Standing Committee on Privileges;
3. Standing Committee on Public Accounts;
4. Standing Committee on Constitutional and Legal Affairs;
5. Standing Committee on Foreign Affairs, Defence and
Security;
6. Standing Committee on Economics and Public
Administration;
7. Standing Committee on Natural Resources;
8. Standing Committee on Human Resources and
Community Development;
9. Standing Committee on Gender Equality, Social
Development and Family Affairs; and the
10.Standing Committee on Information, Communication,
Technology and Innovation.
Once all the amendments have been
incorporated in the Bill, at this Stage the
Stage 5: Secretary of the National Assembly reads the
title of the Bill to the members of the National
Assembly for the Third and the last time.
Third Voting on the Bill may take place at this
Stage.
Reading Once that third reading has taken place, the
Bill shall be deemed to have been duly
passed by the National Assembly and no
further debate shall take place.
The Bill stands referred to the National
Council in terms of Article 75 (1) of the
Namibian Constitution.
• At this stage, the National Council
considers the Bill as passed by the
National Assembly and shall report to
the National Assembly.
Stage 6: • The National Council can decide one of
three things on during its deliberations:
National (1)To approve the Bill without any
amendments; or
Council (2)To approve the Bill subject to
amendments; or
(3)Object to the provisions of the Bill in
principle
• Once the process in the National
Council is completed the Bill is referred
back to the National Assembly.
Phase 3: Post-Parliamentary
Stage
• Generally refers to the phase at which an „Act of
Parliament‟ is considered for its finalization
outside of Parliament.
• It collectively refers to three distinct stages:
(1) Assent by the President
(2) Gazetting; and
(3) Enrolment
• A Bill duly passed by Parliament must be
submitted to the president for assent to
attain the status of “An Act of Parliament”.
Stage 1: • Presidential assent is gesticulated by the
signing of the Bill by the President (and its
Presidential assent subsequent publication in the government
gazette).
• Where a Bill is passed by a majority of
two-thirds of all the members of the
National Assembly and has been confirmed
by the National Council the President shall
be obliged to give his or her assent thereto.
• This provisions however does not detract
from the wide power of the President to
withhold assent in terms of Articles 56 and
64 of the Namibian Constitution.
• All laws must be published in
the government gazette as
official notice to the public.
Stage 2:
• Section 12 (1) of the
Government Interpretation of Laws
Gazette Proclamation 37 of 1920
applies.
• Common law principle:
“Ignorantia juris non
excusat” also becomes
applicable.
• In terms of Article 56 (1), the Secretary of
Stage 3: the National Assembly shall promptly
cause two (2) fair copies of [such] Act of
Parliament to be enrolled in the office of
Enrolment of the Registrar of the Supreme Court.
the Act of • Such fair copies are to be in English print
and to be at all material times be regarded
Parliament as conclusive evidence of the provisions of
the Act of Parliament.
• Furthermore, such copies shall be
accessible to the general public, subject to
such regulations as may be prescribed by
Parliament to protect the durability of such
copies and the convenience of the
Registrar‟s staff.
Further readings for this lesson:
1. Administrative Directive No. 1 of 5 February
1993
2. Parliamentary Standing Rules, Procedures and
Orders: Rules 26-27; 35-37 and 67.
3. Legal Assistance Centre/LAC. 1996. How Laws
are made. Windhoek: Namibia, pp. 1-20.
4. See all materials under the “Reading Materials
Folder of this Unit.
# Readings for next Class:
In the next lesson we will examine The Structure
of Namibian Courts (Unit 8)
Read:
1. Amoo, S. K. 2008. An Introduction to Namibian
Law: Cases and Materials. Windhoek: Macmillan
Education Namibia. pp. 175-196.
2. Read on composition and jurisdiction of Namibian
Courts in the Constitution and the relevant
legislation in Unit 8 “Reading Materials” folder.
THE END
THANK YOU FOR YOUR TIME
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