Chapter 6: Provinces
provincial legislatures
Legislative authority of provinces
104.
(1)
(2)
(3)
(4)
(5)
The legislative authority of a province is vested in its provincial legislature, and
confers on the provincial legislature the power—
(a) to pass a constitution for its province or to amend any constitution passed by it
in terms of sections 142 and 143;
(b) to pass legislation for its province with regard to—
(i) any matter within a functional area listed in Schedule 4;
(ii) any matter within a functional area listed in Schedule 5;
(iii) any matter outside those functional areas, and that is expressly assigned
to the province by national legislation; and
(iv) any matter for which a provision of the Constitution envisages the
enactment of provincial legislation; and
(c) to assign any of its legislative powers to a Municipal Council in that province.
The legislature of a province, by a resolution adopted with a supporting vote of at
least two thirds of its members, may request Parliament to change the name of that
province.
A provincial legislature is bound only by the Constitution and, if it has passed a
constitution for its province, also by that constitution, and must act in accordance
with, and within the limits of, the Constitution and that provincial constitution.
Provincial legislation with regard to a matter that is reasonably necessary for, or
incidental to, the effective exercise of a power concerning any matter listed in
Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule
4.
A provincial legislature may recommend to the National Assembly legislation
concerning any matter outside the authority of that legislature, or in respect of
which an Act of Parliament prevails over a provincial law.
Composition and election of provincial legislatures
105.
(1)
A a provincial legislature consists of women and men elected as members in terms
of an electoral system that—
(a) is prescribed by national legislation;
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