Chapter 6: Provinces
Application by members to Constitutional Court
122.
(1)
(2)
(3)
(4)
Members of a provincial legislature may apply to the Constitutional Court for an
order declaring that all or part of a provincial Act is unconstitutional.
An application—
(a) must be supported by at least 20 per cent of the members of the legislature;
and
(b) must be made within 30 days of the date on which the Premier assented to
and signed the Act.
The Constitutional Court may order that all or part of an Act that is the subject of an
application in terms of subsection (1) has no force until the Court has decided the
application if—
(a) the interests of justice require this; and
(b) the application has a reasonable prospect of success.
If an application is unsuccessful, and did not have a reasonable prospect of success,
the Constitutional Court may order the applicants to pay costs.
Publication of provincial Acts
123.
A Bill assented to and signed by the Premier of a province becomes a provincial Act, must
be published promptly and takes effect when published or on a date determined in terms
of the Act.
Safekeeping of provincial Acts
124.
The signed copy of a provincial Act is conclusive evidence of the provisions of that Act and,
after publication, must be entrusted to the Constitutional Court for safekeeping.
provincial executives
Executive authority of provinces
125.
(1)
(2)
The executive authority of a province is vested in the Premier of that province.
The Premier exercises the executive authority, together with the other members of
the Executive Council, by—
(a) implementing provincial legislation in the province;
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