Chapter 6: Provinces
function is exercised or performed; and
(c) takes effect upon proclamation by the Premier.
Powers and functions of Premiers
127.
(1)
(2)
The Premier of a province has the powers and functions entrusted to that office by
the Constitution and any legislation.
The Premier of a province is responsible for—
(a) assenting to and signing Bills;
(b) referring a Bill back to the provincial legislature for reconsideration of the Bill’s
constitutionality;
(c) referring a Bill to the Constitutional Court for a decision on the Bill’s
constitutionality;
(d) summoning the legislature to an extraordinary sitting to conduct special
business;
(e) appointing commissions of inquiry; and
(f) calling a referendum in the province in accordance with national legislation.
Election of Premiers
128.
(1)
(2)
At its first sitting after its election, and whenever necessary to fill a vacancy, a
provincial legislature must elect a woman or a man from among its members to be
the Premier of the province.
A judge designated by the Chief Justice must preside over the election of the
Premier. The procedure set out in Part A of Schedule 3 applies to the election of the
Premier.
[Sub-s. (2) substituted by s. 10 of the Constitution Sixth Amendment Act of 2001.]
(3)
An election to fill a vacancy in the office of Premier must be held at a time and on
a date determined by the Chief Justice, but not later than 30 days after the vacancy
occurs.
[Sub-s. (3) substituted by s. 10 of the Constitution Sixth Amendment Act of 2001.]
Assumption of office by Premiers
129.
A Premier-elect must assume office within five days of being elected, by swearing or
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