Legislative Drafting and Interpretation of Statutes

Structure of a Bill

Presented By: Sarah N Vranckx

Faculty of Law, Unam
8 Aug 2023 1
 Lesson outcome

• Students will be able to identify and understand different

parts of the Bill and their functions
 Structure of Bill

• Bills may be divided into Chapters or Parts. It depends on

nature and length of Bill.
 Structure of a Bill

• Bills have the following structure, but it all depends on the

requirements.
 Structure of a Bill

 Bill
 Long Title
 (Introduced By The Minister Of …) Italised
 Arrangement of Sections
 Preamble (if any)
 Enacting clause or formula
 Definitions
 Structure of a Bill continue

 Application (if any)

 Main Provisions
 General Provisions (Including Binding Of State,
Regulations, Repeal, Savings and Transitional Provisions)
 Short Title and Commencement.
 Schedules, Tables and Annexures, (if any)
 Style

Chapter or Part headings: Must be in capital letters.

Section headings: Sentence case, bold, right aligned.

Numbering:
 section 1, subsection (2), paragraph (a) subparagraph
(ii), sub-sub paragraph (aa), (bb).
 Schedules, Annexures -paragraphs, subparagraphs.
 Long title

• Long Title: it is a summary of what the Bill covers. It

is also used to indicates the general purpose/objects
of Bill.

• Give an example of a long title

 Example of a long title

• “To provide for the issuing of protection orders in

domestic violence matters; to provide for matters relating
to domestic violence offences; to provide for police duties
in respect of domestic violence incidents; to amend the
Criminal Procedure Act, 1977; and to provide for
incidental matters.”
 Preambles

• Must be avoided in Bills of general nature and may

sometimes be used in Bills of political, historical
importance or to domesticate international
agreements.
 EXAMPLE OF PREAMBLE

Preamble
WHEREAS we the people of Namibia recognise the
historical contribution made by the first President of the
Republic of Namibia, His Excellency Dr Sam Nujoma, to the
attainment of the Independence of Namibia;
AND WHEREAS we the people of Namibia further recognise
the contribution made by the first President of the Republic of
Namibia, His Excellency Dr Sam Nujoma, to the achievement of
national reconciliation; the fostering of peace and national
unity; and the promotion of the well-being of the people of
Namibia,
BE IT ENACTED as passed by the Parliament, and assented to
by the President, of the Republic of Namibia as follows:
 Enacting formula

• The enacting formula is a source of authority to

enact legislation and is required for every Bill.

• It follows the arragement of sections or a

preamble.

Example:

BE IT ENACTED as passed by the Parliament,

and assented to by the President, of the Republic of
Namibia as follows:
 Definitions

 An Act often contains a definition section which sets

out the meanings of words and expressions used on
more than one occassion in the Act.

 Definitionsare placed right at the beginning of the

sections and, where applicable, some are placed at the
beginning of specific chapter or part or section.
 Example of a definition section

• Definitions
• 1. (1) In this Act, unless the context otherwise indicates –
• “alien” means a person who is not a Namibian citizen;
• “date of Independence” means 21 March 1990;
• “foreign country” means a country other than Namibia;
• “Minister” means the Minister of Home Affairs or any other Minister to whom the
President may from time to time assign the administration of this Act;
• “oath of allegiance” means the oath of allegiance set out in the First Schedule;
“Permanent Secretary” means the Permanent Secretary for Home Affairs;
“prescribed” means prescribed under this Act or any regulation;
• “responsible parent”, in relation to a child under the age of 18 years and who is not
or has not been married, means the father or the mother of that child.
 Objects or purpose of Act

• The objects provision states the purpose/ „why‟ the

law is made.
• It must state accurately and unambiguously the
purposes and objectives of the provisions to which it
relates.
 Example of objects or purpose of
Act

• CHAPTER 2
• OBJECTS OF ACT, GENERAL PRINCIPLES AND AGE OF MAJORITY
• Objects of Act
• 2. (1) The objects of this Act are to –
• (a) protect and promote the well-being of all children;
• (b) give effect to children’s rights as contained in the Namibian Constitution;
(c) give effect to Namibia’s obligations concerning the well-being,
development and protection of children in terms of the United Nations
Convention on the Rights of the Child, the African Charter on the Rights and
Welfare of the Child and other international agreements binding on
Namibia;
 Application provisions

 Indicates the scope or application of the Act.

 It is used to limit or extend the scope of Law.
 Example of application provion

• Application of Act
• 3. The Minister may by notice in the Gazette declare that any
institution to which a subsidy is paid under section 2 shall, with
effect from a date specified in that notice, be subject to the
provisions of this Act.
 Main provisions

• The main provisions of a bill, depending on the

nature of the bill, contain the main subject matters
of the Bill such as creation of adminstrative
structures, licensing, and enforcement provisions.
 Example of main provisions

CHAPTER 2
TRAFFICKING IN PERSONS AND RELATED
OFFENCES
1 Prohibition of trafficking in persons
2 Facilitating trafficking in persons
3 Debt bondage
 General provisions

• General provisions are also referred to as

miscellanous provisions, and covers matters arising
out of the main object of the Act these are delegation,
offences and penalties, jurisdiction and regulations,
repeal and amendment of law, short title and
commencement etc.
Example of general provisions:

General provisions
38 Delegation
39 Appeals
40 Offences and penalties
42 Regulations
43 Act binds State
44 Repeal and Amendment of laws
45 Savings and transitional provision
46 Short title and commencement
Schedule
 Example of a short title and
commencement provision

• Short title and commencement

• 37. This Act shall be called the Stamp Duties Act, 1993, and
shall come into operation on a date determined by the Minister by
notice in the Gazette.
THANK YOU