Chapter 6: Provinces
(3) �
(4) �
(5) �
(6) �
(b) � implementing all national legislation within the functional areas listed in
Schedule 4 or 5 except where the Constitution or an Act of Parliament provides
otherwise;
(c) � administering in the province, national legislation outside the functional areas
listed in Schedules 4 and 5, the administration of which has been assigned to
the provincial executive in terms of an Act of Parliament;
(d) � developing and implementing provincial policy;
(e) � co-ordinating the functions of the provincial administration and its
departments;
(f) � preparing and initiating provincial legislation; and
(g) � performing any other function assigned to the provincial executive in terms of
the Constitution or an Act of Parliament.
A province has executive authority in terms of subsection (2)(b) only to the extent
that the province has the administrative capacity to assume effective responsibility.
The national government, by legislative and other measures, must assist provinces
to develop the administrative capacity required for the effective exercise of their
powers and performance of their functions referred to in subsection (2).
Any dispute concerning the administrative capacity of a province in regard to any
function must be referred to the National Council of Provinces for resolution within
30 days of the date of the referral to the Council.
Subject to section 100, the implementation of provincial legislation in a province is
an exclusive provincial executive power.
The provincial executive must act in accordance with—
(a) � the Constitution; and
(b) � the provincial constitution, if a constitution has been passed for the province.
Assignment of functions
126. � A member of the Executive Council of a province may assign any power or function that
is to be exercised or performed in terms of an Act of Parliament or a provincial Act, to a
Municipal Council. An assignment—
(a) � must be in terms of an agreement between the relevant Executive Council
member and the Municipal Council;
(b) � must be consistent with the Act in terms of which the relevant power or
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