The applicant, Mr Mario Oriani-Ambrosini, a Member of Parliament from a minority party, sought to introduce a Private Member’s Bill amending the National Credit Act. The Rules of the National Assembly required him to obtain prior permission from the Assembly, via the Speaker and the Committee on Private Members’ Legislative Proposals, before a Bill could be introduced. The Speaker refused permission. After unsuccessful internal challenges and proceedings in the Western Cape High Court, which upheld the constitutionality of the Rules, the applicant approached the Constitutional Court contending that the permission requirement infringed section 73(2) of the Constitution, which entitles a member of the National Assembly to introduce a Bill.
The appeal was upheld. The refusal by the Speaker to allow the introduction of the applicant’s Bill was reviewed and set aside. The relevant Rules of the National Assembly were declared unconstitutional to the extent that they require a member to obtain permission before introducing a Bill. The Speaker was directed to allow the applicant’s Bill to be introduced in accordance with section 73(2) of the Constitution.
This case affirms the constitutional right of individual Members of Parliament, including those from minority parties, to introduce legislation. It limits Parliament’s rule-making power by clarifying that internal rules may regulate procedure but may not impose substantive constraints that defeat express constitutional powers. The judgment strengthens representative democracy and enhances the role of MPs in the legislative process.