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Provincial government

In accordance with the Constitution, each of the nine provinces has its own legislature, consisting of between 30 and 80 members. The number of members is determined according to a formula set out in national legislation. The members are elected in terms of proportional representation.

The executive council of a province consists of a premier and a number of members (MECs). Premiers are appointed by the President of the country.

Decisions are taken by consensus, as is the case in the national Cabinet. Besides being able to make provincial laws, a provincial legislature may adopt a constitution for its province if two-thirds of its members agree.

However, a provincial constitution must correspond with the national Constitution.

Relevant sections in the Constitution include:

• Provincial legislatures
  • Legislative authority of provinces
  • Composition and election
  • Membership
  • Oath or affirmation
  • Duration of provincial legislatures
  • Dissolution of provincial legislatures before expiry of term
  • Sittings and recess periods
  • Speakers and Deputy Speakers
  • Decisions
  • Permanent delegates’ rights in provincial legislatures
  • Powers of provincial legislatures
  • Evidence or information before provincial legislatures
  • Internal arrangements, proceedings and procedures
  • Privileges
  • Public access to and involvement in provincial legislatures
  • Introduction of Bills
  • Money Bills
  • Assent to Bills
  • Application by members to Constitutional Court
  • Publication of provincial Acts
  • Safekeeping of provincial Acts
• Provincial Executives
  • Executive authority of provinces
  • Assignment of functions
  • Powers and functions of Premiers
  • Election of premiers
  • Assumption of office by Premiers
  • Term of office and removal of Premiers
  • Acting premiers
  • Executive Councils
  • Accountability and responsibilities
  • Continuation of Executive Councils after elections
  • Oath or affirmation
  • Conduct of members of Executive Councils
  • Transfer of functions
  • Temporary assignment of functions
  • Provincial supervision of local government
  • Executive decisions
  • Motions of no confidence
• Legislative and executive powers of provincial governments
  • Functional areas of concurrent national and provincial legislative competence
  • Functional areas of exclusive provincial legislative competence
• Provincial constitutions
  • Adoption of provincial constitutions
  • Contents of provincial constitutions
  • Certification of provincial constitutions
• Conflicting laws
  • Conflicts between national and provincial legislation
  • Other conflicts
  • Conflicts that cannot be resolved
  • Status of legislation that does not prevail
  • Interpretation of conflicts

Source: South Africa Yearbook 2010/11
Editor: D Burger. Government Communication and Information System

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Last modified: 15 January 2013 09:07:55.