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Southafrican Constitution |
Herausgeber: Rechtsanwalt Möbius |
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| Explanatory Memorandum of the Constitutional Assembly: |
German attorney at law |
The objective in drafting this text was to ensure that the final constitution is legitimate, credible and accepted by all South Africans.
To this extent, the process of drafting this text involved many South Africans in the largest public participation programme ever carried out in South Africa. After nearly two years of intensive consultations, political parties represented in the Constitutional Assembly negotiated the formulations contained in this text which are an integration of ideas from ordinary citizens, civil society and political parties represented in and outside of the Constitutional Assembly.
This text therefore represents the collective wisdom of the South African people and has been arrived at by general agreement.
We, the people
Honour those who
suffered for justice and freedom in our land;
Respect those who have
worked to build and develop our country; and
Believe that South Africa
belongs to all who live in it, united in our diversity.
We therefore,
through our freely elected representatives, adopt this Constitution as the
supreme law of the Republic so as to -
Heal the divisions of the past
and establish a society based on democratic values, social justice
and
fundamental human rights;
Lay the foundations for a democratic
and open society in which government is based on the will of the people
and every citizen is equally protected by law;
Improve the quality of
life of all citizens and free the potential of each person; and
Build a
united and democratic South Africa able to take its rightful place as a
sovereign state in the family of nations.
May God protect our
people.
Nkosi Sikelel iAfrika. Morena boloka setjhaba sa heso.
God
seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika.
Hosi katekisa Afrika.
The
Republic of South Africa is one sovereign democratic state founded on the
following values:
(a) Human dignity, the achievement of equality and
the advancement of human rights and freedoms.
(b) Non-racialism and
non-sexism.
(c) Supremacy of the constitution and the rule of
law.
(d) Universal adult suffrage, a national common voters roll,
regular elections and a multi-party system of democratic government, to
ensure accountability, responsiveness and openness.
This
Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid, and the obligations imposed by it must be
fulfilled.
(1) There is a common
South African citizenship.
(2) All citizens are -
(a) equally
entitled to the rights, privileges and benefits of citizenship; and
(b)
equally subject to the duties and responsibilities of citizenship.
(3)
National legislation must provide for the acquisition, loss and
restoration of citizenship.
The national
anthem of the Republic is determined by the President by proclamation.
The national flag
of the Republic is black, gold, green, white, red and blue, as described
and sketched in Schedule 1.
(1) The official
languages of the Republic are Sepedi, Sesotho, Setswana, siSwati,
Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and
isiZulu.
(2) Recognising the historically diminished use and status of
the indigenous languages of our people, the state must take practical and
positive measures to elevate the status and advance the use of these
languages.
(3) (a) The national government and provincial governments
may use any particular official languages for the purposes of government,
taking into account usage, practicality, expense, regional circumstances
and the balance of the needs and preferences of the population as a whole
or in the province concerned; but the national government and each
provincial government must use at least two official languages.
(b)
Municipalities must take into account the language usage and preferences
of their residents.
(4) The national government and provincial
governments, by legislative and other measures, must regulate and monitor
their use of official languages. Without detracting from the provisions of
subsection (2), all official languages must enjoy parity of esteem and
must be treated equitably.
(5) A Pan South African Language Board
established by national legislation must -
(a) promote and create
conditions for the development and use
of -
(i) all official
languages;
(ii) the Khoi, Nama and San languages; and
(iii) sign
language ; and
(b) promote and ensure respect for -
(i) all
languages commonly used by communities in South Africa, including German,
Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and
(ii)
Arabic, Hebrew, Sanskrit and other languages used for religious purposes
in South Africa.
(1) This Bill of Rights is
a cornerstone of democracy in South Africa. It enshrines the rights of all
people in our country and affirms the democratic values of human dignity,
equality and freedom.
(2) The state must respect, protect, promote and
fulfil the rights in the Bill of Rights.
(3) The rights in the Bill of
Rights are subject to the limitations contained or referred to in section
36, or elsewhere in the Bill.
(1) The Bill of
Rights applies to all law, and binds the legislature, the executive, the
judiciary and all organs of state.
(2) A provision of the Bill of
Rights binds a natural or a juristic person if, and to the extent that, it
is applicable, taking into account the nature of the right and the nature
of any duty imposed by the right.
(3) When applying a provision of the
Bill of Rights to a natural or juristic person in terms of subsection (2),
a court -
(a) in order to give effect to a right in the Bill, must
apply, or if necessary develop, the common law to the extent that
legislation does not give effect to that right; and
(b) may develop
rules of the common law to limit the right, provided that the limitation
is in accordance with section 36(1).
(4) A juristic person is entitled
to the rights in the Bill of Rights to the extent required by the nature
of the rights and the nature of that juristic person.
(1) Everyone is equal
(2) Equality includes the full and equal enjoyment of all rights
and freedoms. To promote the achievement of equality, legislative and
other measures designed to protect or advance persons, or categories of
persons, disadvantaged by unfair discrimination may be taken.
(3) The
state may not unfairly discriminate directly or indirectly against anyone
on one or more grounds, including race, gender, sex, pregnancy, marital
status, ethnic or social origin, colour, sexual orientation, age,
disability, religion, conscience, belief, culture, language and
birth.
(4) No person may unfairly discriminate directly or indirectly
against anyone on one or more grounds in terms of subsection (3). National
legislation must be enacted to prevent or prohibit unfair
discrimination.
(5) Discrimination on one or more of the grounds listed
in subsection (3) is unfair unless it is established that the
discrimination is fair.
Everyone has
inherent dignity
Everyone has the right to
life.
(1) Everyone has the right to freedom and security of
the person, which includes the right -
(a) not to be deprived of
freedom arbitrarily or without just cause;
(b) not to be detained
without trial;
(c) to be free from all forms of violence from either
public or private sources;
(d) not to be tortured in any way;
and
(e) not to be treated or punished in a cruel, inhuman or degrading
way.
(2) Everyone has the right to bodily and psychological integrity,
which includes the right -
(a) to make decisions concerning
reproduction;
(b) to security in and control over their body;
and
(c) not to be subjected to medical or scientific experiments
without their informed consent.
No one may be subjected to slavery, servitude or forced
labour.
Everyone has the right
to privacy, which includes the right not to have -
(a) their person or
home searched;
(b) their property searched;
(c) their possessions
seized; or
(d) the privacy of their communications infringed.
(1) Everyone has the right to freedom of conscience,
religion, thought, belief
(2) Religious observances may be conducted at state or
state-aided institutions, provided that -
(a) those observances follow
rules made by the appropriate public authorities;
(b) they are
conducted on an equitable basis; and
(c) attendance at them is free and
voluntary.
(3) (a) This section does not prevent legislation
recognising -
(i) marriages concluded under any tradition, or a system
of religious, personal or family law; or
(ii) systems of personal and
family law under any tradition, or adhered to by persons professing a
particular religion.
(b) Recognition in terms of paragraph (a) must be
consistent with this section and the other provisions of the Constitution.
(1)
Everyone has the right to freedom of expression
(a) freedom of the press and other media;
(b) freedom to receive
or impart information or ideas;
(c) freedom of artistic creativity;
and
(d) academic freedom and freedom of scientific research.
(2) The
right in subsection (1) does not extend to -
(a) propaganda for
war;
(b) incitement of imminent violence; or
(c) advocacy of hatred
that is based on race, ethnicity, gender or religion, and that constitutes
incitement to cause harm.
Everyone has the right, peacefully and unarmed, to
assemble, to demonstrate, to picket and to present petitions.
Everyone
has the right to freedom of association.
(1) Every
citizen is free to make political choices, which includes the right
-
(a) to form a political party;
(b) to participate in the
activities of, or recruit members for, a political party; and
(c) to
campaign for a political party or cause.
(2) Every citizen has the
right to free, fair and regular elections for any legislative body
established in terms of the Constitution.
(3) Every adult citizen has
the right -
(a) to vote
(b) to stand for public office and, if elected, to hold
office.
No citizen may be
deprived of citizenship.
(1) Everyone has the right to freedom of
movement.
(2) Everyone has the right to leave the Republic.
(3)
Every citizen has the right to enter, to remain in and to reside anywhere
in, the Republic.
(4) Every citizen has the right to a passport.
Every citizen has the right to choose their trade,
occupation or profession freely. The practice of a trade, occupation or
profession may be regulated by law.
(1) Everyone
has the right to fair labour practices.
(2) Every worker has the right
-
(a) to form and join a trade union;
(b) to participate in the
activities and programmes of a trade union; and
(c) to strike.
(3)
Every employer has the right -
(a) to form and join an employers"
organisation; and
(b) to participate in the activities and programmes
of an employers" organisation.
(4) Every trade union and every
employers" organisation has the right -
(a) to determine its own
administration, programmes and activities;
(b) to organise; and
(c)
to form and join a federation.
(5) Every trade union, employers"
organisation and employer has the right to engage in collective
bargaining. National legislation may be enacted to regulate collective
bargaining. To the extent that the legislation may limit a right in this
Chapter, the limitation must comply with section 36(1).
(6) National
legislation may recognise union security arrangements contained in
collective agreements. To the extent that the legislation may limit a
right in this Chapter, the limitation must comply with section 36(1).
Everyone has the
right -
(a) to an environment that is not harmful to their health or
well-
being; and
(b) to have the environment protected, for the
benefit of present and future generations, through reasonable legislative
and other measures that -
(i) prevent pollution and ecological
degradation;
(ii) promote conservation; and
(iii) secure
ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.
(1) No one may be
deprived of property
(2) Property may be expropriated only in terms of law of
general application -
(a) for a public purpose or in the public
interest; and
(b) subject to compensation, the amount of which and the
time and manner of payment of which have either been agreed to by those
affected or decided or approved by a court.
(3) The amount of the
compensation and the time and manner of payment must be just and
equitable, reflecting an equitable balance between the public interest and
the interests of those affected, having regard to all relevant
circumstances, including -
(a) the current use of the property;
(b)
the history of the acquisition and use of the property;
(c) the market
value of the property;
(d) the extent of direct state investment and
subsidy in the acquisition and beneficial capital improvement of the
property; and
(e) the purpose of the expropriation.
(4) For the
purposes of this section -
(a) the public interest includes the
nation's commitment to land reform, and to reforms to bring about
equitable access to all South Africa's natural resources; and
(b)
property is not limited to land.
(5) The state must take reasonable
legislative and other measures, within its available resources, to foster
conditions which enable citizens to gain access to land on an equitable
basis.
(6) A person or community whose tenure of land is legally
insecure as a result of past racially discriminatory laws or practices is
entitled, to the extent provided by an Act of Parliament, either to tenure
which is legally secure or to comparable redress.
(7) A person or
community dispossessed of property after 19 June 1913 as a result of past
racially discriminatory laws or practices is entitled, to the extent
provided by an Act of Parliament, either to restitution of that property
or to equitable redress.
(8) No provision of this section may impede
the state from taking legislative and other measures to achieve land,
water and related reform, in order to redress the results of past racial
discrimination, provided that any departure from the provisions of this
section is in accordance with the provisions of section 36(1).
(9)
Parliament must enact the legislation referred to in subsection (6).
(1) Everyone has the
right to have access to adequate housing.
(2) The state must take
reasonable legislative and other measures, within its available resources,
to achieve the progressive realisation of this right.
(3) No one may be
evicted from their home, or have their home demolished, without an order
of court made after considering all the relevant circumstances. No
legislation may permit arbitrary evictions.
(1) Everyone has the right to have access to -
(a)
health care services, including reproductive health care;
(b)
sufficient food and water; and
(c) social security, including, if they
are unable to support themselves and their dependants, appropriate social
assistance.
(2) The state must take reasonable legislative and other
measures, within its available resources, to achieve the progressive
realisation of each of these rights.
(3) No one may be refused
emergency medical treatment.
(1) Every child has the
right -
(a) to a name and a nationality from birth;
(b) to family
care or parental care, or to appropriate alternative care when removed
from the family environment;
(c) to basic nutrition, shelter, basic
health care services and social services;
(d) to be protected from
maltreatment, neglect, abuse or degradation;
(e) to be protected from
exploitative labour practices;
(f) not to be required or permitted to
perform work or provide services that -
(i) are inappropriate for a
person of that child's age; or
(ii) place at risk the child's
well-being, education, physical or mental health or spiritual, moral or
social development;
(g) not to be detained except as a measure of last
resort, in which case, in addition to the rights a child enjoys under
sections 12 and 35, the child may be detained only for the shortest
appropriate period of time, and has the right to be -
(i) kept
separately from detained persons over the age of 18 years; and
(ii)
treated in a manner, and kept in conditions, that take account of the
child's age;
(h) to have a legal practitioner assigned to the child by
the state, and at state expense, in civil proceedings affecting the child,
if substantial injustice would otherwise result; and
(i) not to be used
directly in armed conflict, and to be protected in times of armed
conflict.
(2) A child's best interests are of paramount importance in
every matter concerning the child.
(3) In this section "child" means a
person under the age of 18 years.
(1) Everyone has the
right -
(a) to a basic education, including adult basic education;
and
(b) to further education, which the state, through reasonable
measures, must make progressively available and accessible.
(2)
Everyone has the right to receive education in the official language or
languages of their choice in public educational institutions where that
education is reasonably practicable. In order to ensure the effective
access to, and implementation of, this right, the state must consider all
reasonable educational alternatives, including single medium institutions,
taking into account -
(a) equity;
(b) practicability; and
(c) the
need to redress the results of past racially discriminatory laws and
practices.
(3) Everyone has the right to establish and maintain, at
their own expense, independent educational institutions that -
(a) do
not discriminate on the basis of race;
(b) are registered with the
state; and
(c) maintain standards that are not inferior to standards at
comparable public educational institutions.
(4) Subsection (3) does not
preclude state subsidies for independent educational institutions.
Everyone
has the right to use the language and to participate in the cultural life
of their choice, but no one exercising these rights may do so in a manner
inconsistent with any provision of the Bill of Rights.
(1) Persons belonging to a cultural, religious or
linguistic community may not be denied the right, with other members of
that community -
(a) to enjoy their culture, practise their religion
and use their language; and
(b) to form, join and maintain cultural,
religious and linguistic associations and other organs of civil
society.
(2) The rights in subsection (1) may not be exercised in a
manner inconsistent with any provision of the Bill of Rights.
(1)
Everyone has the right of access to -
(a) any information held by the
state; and
(b) any information that is held by another person and that
is required for the exercise or protection of any rights.
(2) National
legislation must be enacted to give effect to this right, and may provide
for reasonable measures to alleviate the administrative and financial
burden on the state.
(1)
Everyone has the right to administrative action that is lawful, reasonable
and procedurally fair.
(2) Everyone whose rights have been adversely
affected by administrative action has the right to be given written
reasons.
(3) National legislation must be enacted to give effect to
these rights, and must -
(a) provide for the review of administrative
action by a court or, where appropriate, an independent and impartial
tribunal;
(b) impose a duty on the state to give effect to the rights
in subsections (1) and (2); and
(c) promote an efficient
administration.
Everyone has
the right to have any dispute that can be resolved by the application of
law decided in a fair public hearing before a court or, where appropriate,
another independent and impartial tribunal or forum.
(1) Everyone who is arrested for allegedly committing
an offence has the right -
(a) to remain silent;
(b) to be informed
promptly -
(i) of the right to remain silent; and
(ii) of the
consequences of not remaining silent;
(c) not to be compelled to make
any confession or admission that could be used in evidence against that
person;
(d) to be brought before a court as soon as reasonably
possible, but not later than -
(i) 48 hours after the arrest;
or
(ii) the end of the first court day after the expiry of the 48
hours, if the 48 hours expire outside ordinary court hours or on a day
which is not an ordinary court day;
(e) at the first court appearance
after being arrested, to be charged or to be informed of the reason for
the detention to continue, or to be released; and
(f) to be released
from detention if the interests of justice permit, subject to reasonable
conditions.
(2) Everyone who is detained, including every sentenced
prisoner, has the right -
(a) to be informed promptly of the reason for
being detained;
(b) to choose, and to consult with, a legal
practitioner, and to be informed of this right promptly;
(c) to have a
legal practitioner assigned to the detained person by the state and at
state expense, if substantial injustice would otherwise result, and to be
informed of this right promptly;
(d) to challenge the lawfulness of the
detention in person before a court and, if the detention is unlawful, to
be released;
(e) to conditions of detention that are consistent with
human dignity, including at least exercise and the provision, at state
expense, of adequate accommodation, nutrition, reading material and
medical treatment; and
(f) to communicate with, and be visited by, that
person's -
(i) spouse or partner;
(ii) next of kin;
(iii) chosen
religious counsellor; and
(iv) chosen medical practitioner.
(3)
Every accused person has a right to a fair trial, which includes the right
-
(a) to be informed of the charge with sufficient detail to answer
it;
(b) to have adequate time and facilities to prepare a
defence;
(c) to a public trial before an ordinary court;
(d) to have
their trial begin and conclude without unreasonable delay;
(e) to be
present when being tried;
(f) to choose, and be represented by, a legal
practitioner, and to be informed of this right promptly;
(g) to have a
legal practitioner assigned to the accused person by the state and at
state expense, if substantial injustice would otherwise result, and to be
informed of this right promptly;
(h) to be presumed innocent, to remain
silent, and not to testify during the proceedings;
(i) to adduce and
challenge evidence;
(j) not to be compelled to give self-incriminating
evidence;
(k) to be tried in a language that the accused person
understands or, if that is not practicable, to have the proceedings
interpreted in that language;
(l) not to be convicted for an act or
omission that was not an offence under either national or international
law at the time it was committed or omitted;
(m) not to be tried for an
offence in respect of an act or omission for which that person has
previously been either acquitted or convicted;
(n) to the benefit of
the least severe of the prescribed punishments if the prescribed
punishment for the offence has been changed between the time that the
offence was committed and the time of sentencing; and
(o) of appeal to,
or review by, a higher court.
(4) Whenever this section requires
information to be given to a person, that information must be given in a
language that the person understands.
(5) Evidence obtained in a manner
that violates any right in the Bill of Rights must be excluded if the
admission of that evidence would render the trial unfair or otherwise be
detrimental to the administration of justice.
(1) The
rights in the Bill of Rights may be limited only in terms of law of
general application to the extent that the limitation is reasonable and
justifiable in an open and democratic society based on human dignity,
equality and freedom, taking into account all relevant factors, including
-
(a) the nature of the right;
(b) the importance of the purpose of
the limitation;
(c) the nature and extent of the limitation;
(d) the
relation between the limitation and its purpose; and
(e) less
restrictive means to achieve the purpose.
(2) Except as provided in
subsection (1) or in any other provision of the Constitution, no law may
limit any right entrenched in the Bill of Rights.
(1) A state
of emergency may be declared only in terms of an Act of Parliament, and
only when -
(a) the life of the nation is threatened by war, invasion,
general insurrection, disorder, natural disaster or other public
emergency; and
(b) the declaration is necessary to restore peace and
order.
(2) A declaration of a state of emergency, and any legislation
enacted or other action taken in consequence of that declaration, may be
effective only -
(a) prospectively; and
(b) for no more than 21 days
from the date of the declaration, unless the National Assembly resolves to
extend the declaration. The Assembly may extend a declaration of a state
of emergency for no more than three months at a time. The first extension
of the state of emergency must be by a resolution adopted with a
supporting vote of a majority of the members of the Assembly. Any
subsequent extension must be by a resolution adopted with a supporting
vote of at least 60 per cent of the members of the Assembly. A resolution
in terms of this paragraph may be adopted only following a public debate
in the Assembly.
(3) Any competent court may decide on the validity of
-
(a) a declaration of a state of emergency;
(b) any extension of a
declaration of a state of emergency; or
(c) any legislation enacted, or
other action taken, in consequence of a declaration of a state of
emergency.
(4) Any legislation enacted in consequence of a declaration
of a state of emergency may derogate from the Bill of Rights only to the
extent that -
(a) the derogation is strictly required by the emergency;
and
(b) the legislation -
(i) is consistent with the Republic's
obligations under international law applicable to states of
emergency;
(ii) conforms to subsection (5); and
(iii) is published
in the national Government Gazette as soon as reasonably possible after
being enacted.
(5) No Act of Parliament that authorises a declaration
of a state of emergency, and no legislation enacted or other action taken
in consequence of a declaration, may permit or authorise -
(a)
indemnifying the state, or any person, in respect of any unlawful
act;
(b) any derogation from this section; or
(c) any derogation
from a section mentioned in column 1 of the Table of Non-Derogable Rights,
to the extent indicated opposite that section in column 3 of the Table.
Table of Non-Derogable Rights
| Section Number | Section Title | Extent to which the right is protected |
| 9 | Equality | With respect to unfair discrimination solely on the grounds of race, colour, ethnic or social origin, sex religion or language |
| 10 | Human Dignity | Entirely |
| 11 | Life | Entirely |
| 12 | Freedom and Security of the person | With respect to subsections (1)(d) and (e) and (2)(c). |
| 13 | Slavery, servitude and forced labour | With respect to slavery and servitude |
| 28 | Children | With respect to: -subsection (1)(d) and (e); -the rights in subparagraphs (i) and (ii) of subsection (1)(g); and -subsection 1(i) in respect of children of 15 years and younger |
| 35 | Arrested, detained and accused persons | With respect to: -subsections (1)(a), (b) and (c) and (2)(d); -the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph (d) -subsection (4); and -subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair. |
(6) Whenever anyone is detained without trial in consequence of a
derogation of rights resulting from a declaration of a state of emergency,
the following conditions must be observed:
(a) An adult family member
or friend of the detainee must be contacted as soon as reasonably
possible, and informed that the person has been detained.
(b) A notice
must be published in the national Government Gazette within five days of
the person being detained, stating the detainee's name and place of
detention and referring to the emergency measure in terms of which that
person has been detained.
(c) The detainee must be allowed to choose,
and be visited at any reasonable time by, a medical practitioner.
(d)
The detainee must be allowed to choose, and be visited at any reasonable
time by, a legal representative.
(e) A court must review the detention
as soon as reasonably possible, but no later than 10 days after the date
the person was detained, and the court must release the detainee unless it
is necessary to continue the detention to restore peace and order.
(f)
A detainee who is not released in terms of a review under paragraph (e),
or who is not released in terms of a review under this paragraph, may
apply to a court for a further review of the detention at any time after
10 days have passed since the previous review, and the court must release
the detainee unless it is still necessary to continue the detention to
restore peace and order.
(g) The detainee must be allowed to appear in
person before any court considering the detention, to be represented by a
legal practitioner at those hearings, and to make representations against
continued detention.
(h) The state must present written reasons to the
court to justify the continued detention of the detainee, and must give a
copy of those reasons to the detainee at least two days before the court
reviews the detention.
(7) If a court releases a detainee, that person
may not be detained again on the same grounds unless the state first shows
a court good cause for re-detaining that person.
(8) Subsections (6)
and (7) do not apply to persons who are not South African citizens and who
are detained in consequence of an international armed conflict. Instead,
the state must comply with the standards binding on the Republic under
international humanitarian law in respect of the detention of such
persons.
Anyone
listed in this section has the right to approach a competent court,
alleging that a right in the Bill of Rights has been infringed or
threatened, and the court may grant appropriate relief, including a
declaration of rights. The persons who may approach a court are:
(a)
Anyone acting in their own interest;
(b) anyone acting on behalf of
another person who cannot act in their own name;
(c) anyone acting as a
member of, or in the interest of, a group or class of persons;
(d)
anyone acting in the public interest; and
(e) an association acting in
the interest of its members.
(1) When interpreting the Bill of Rights, a court,
tribunal or forum -
(a) must promote the values that underlie an open
and democratic society based on human dignity, equality and
freedom;
(b) must consider international law; and
(c) may consider
foreign law.
(2) When interpreting any legislation, and when developing
the common law or customary law, every court, tribunal or forum must
promote the spirit, purport and objects of the Bill of Rights.
(3)The
Bill of Rights does not deny the existence of any other rights or freedoms
that are recognised or conferred by common law, customary law or
legislation, to the extent that they are consistent with the Bill.
(1)
In the Republic, government is constituted as national, provincial and
local spheres of government, which are distinctive, interdependent and
interrelated.
(2) All spheres of government must observe and adhere to
the principles in this Chapter and must conduct their activities within
the parameters that the Chapter provides.
(1) All spheres of government and
all organs of state within each sphere must -
(a) preserve the peace,
national unity and the indivisibility of the Republic;
(b) secure the
well-being of the people of the Republic;
(c) provide effective,
transparent, accountable and coherent government for the Republic as a
whole;
(d) be loyal to the Constitution, the Republic and its
people;
(e) respect the constitutional status, institutions, powers and
functions of government in the other spheres;
(f) not assume any power
or function except those conferred on them in terms of the
Constitution;
(g) exercise their powers and perform their functions in
a manner that does not encroach on the geographical, functional or
institutional integrity of government in another sphere; and
(h)
co-operate with one another in mutual trust and good faith by -
(i)
fostering friendly relations;
(ii) assisting and supporting one
another;
(iii) informing one another of, and consulting one another on,
matters of common interest;
(iv) co-ordinating their actions and
legislation with one another;
(v) adhering to agreed procedures;
and
(vi) avoiding legal proceedings against one another.
(2) An Act
of Parliament must -
(a) establish or provide for structures and
institutions to promote and facilitate intergovernmental relations;
and
(b) provide for appropriate mechanisms and procedures to facilitate
settlement of intergovernmental disputes.
(3) An organ of state
involved in an intergovernmental dispute must make every reasonable effort
to settle the dispute by means of mechanisms and procedures provided for
that purpose, and must exhaust all other remedies before it approaches a
court to resolve the dispute.
(4)If a court is not satisfied that the
requirements of subsection (3) have been met, it may refer a dispute back
to the organs of state involved.
(1)
Parliament
(a)
the National Assembly; and
(b) the National Council of
Provinces.
(2) The National Assembly and the National Council of
Provinces participate in the legislative process in the manner set out in
the Constitution.
(3) The National Assembly is elected to represent the
people and to ensure government by the people under the Constitution. It
does this by choosing the President, by providing a national forum for
public consideration of issues, by passing legislation and by scrutinizing
and overseeing executive action.
(4) The National Council of Provinces
represents the provinces to ensure that provincial interests are taken
into account in the national sphere of government. It does this mainly by
participating in the national legislative process and by providing a
national forum for public consideration of issues affecting the
provinces.
(5) The President may summon Parliament to an extraordinary
sitting at any time to conduct special business.
(6) The seat of
Parliament is Cape Town, but an Act of Parliament, enacted in accordance
with section 76(1) and (5), may determine that the seat of Parliament is
elsewhere.
In the Republic, the legislative
(a) of
the national sphere of government is vested in Parliament, as set out in
section 44;
(b) of the provincial sphere of government is vested in the
provincial legislatures, as set out in section 104; and
(c) of the
local sphere of government is vested in the Municipal Councils, as set out
in section 156.
(1) The national legislative authority as vested in
Parliament -
(a) confers on the National Assembly the power -
(i) to
amend the Constitution;
(ii) to pass legislation with regard to any
matter, including a matter within a functional area listed in Schedule 4,
but excluding, subject to subsection (2), a matter within a functional
area listed in Schedule 5; and
(iii) to assign any of its legislative
powers, except the power to amend the Constitution, to any legislative
body in another sphere of government; and
(b) confers on the National
Council of Provinces the power -
(i) to participate in amending the
Constitution in accordance with section 74;
(ii) to pass, in accordance
with section 76, legislation with regard to any matter within a functional
area listed in Schedule 4, and any other matter required by the
Constitution to be passed in accordance with section 76; and
(iii) to
consider, in accordance with section 75, any other legislation passed by
the National Assembly.
(2) Parliament may intervene by passing
legislation, in accordance with section 76(1), with regard to a matter
falling within a functional area listed in Schedule 5, when it is
necessary -
(a) to maintain national security;
(b) to maintain
economic unity;
(c) to maintain essential national standards;
(d) to
establish minimum standards required for the rendering of services;
or
(e) to prevent unreasonable action taken by a province which is
prejudicial to the interests of another province or to the country as a
whole.
(3) 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.
(4) When
exercising its legislative authority, Parliament is bound only by the
Constitution, and must act in accordance with, and within the limits of,
the Constitution.
(1) The National Assembly and the National Council
of Provinces must establish a joint rules committee to make rules and
orders concerning the joint business of the Assembly and Council,
including rules and orders -
(a) to determine procedures to facilitate
the legislative process, including setting a time limit for completing any
step in the process;
(b) to establish joint committees composed of
representatives from both the Assembly and the Council to consider and
report on Bills envisaged in sections 74 and 75 that are referred to such
a committee;
(c) to establish a joint committee to review the
Constitution at least annually; and
(d) to regulate the business of
-
(i) the joint rules committee;
(ii) the Mediation
Committee;
(iii) the constitutional review committee; and
(iv) any
joint committees established in terms of paragraph (b).
(2) Cabinet
members, members of the National Assembly and delegates to the National
Council of Provinces have the same privileges and immunities before a
joint committee of the Assembly and the Council as they have before the
Assembly or the Council.
(1) The
National Assembly consists of no fewer than 350 and no more than 400 women
and men elected as members in terms of an electoral system that -
(a)
is prescribed by national legislation;
(b) is based on the national
common voters roll;
(c) provides for a minimum voting age of 18 years;
and
(d) results, in general, in proportional representation.
(2) An
Act of Parliament must provide a formula for determining the number of
members of the National Assembly.
(1) Every citizen who
is qualified to vote for the National Assembly is eligible to be a member
of the Assembly, except -
(a) anyone who is appointed by, or is in the
service of, the state and receives remuneration for that appointment or
service, other than -
(i) the President, Deputy President, Ministers
and Deputy Ministers; and
(ii) other office-bearers whose functions are
compatible with the functions of a member of the Assembly, and have been
declared compatible with those functions by national legislation;
(b)
permanent delegates to the National Council of Provinces or members of a
provincial legislature or a Municipal Council;
(c) unrehabilitated
insolvents;
(d) anyone declared to be of unsound mind by a court of the
Republic; or
(e) anyone who, after this section took effect, is
convicted of an offence and sentenced to more than 12 months imprisonment
without the option of a fine, either in the Republic, or outside the
Republic if the conduct constituting the offence would have been an
offence in the Republic, but no one may be regarded as having been
sentenced until an appeal against the conviction or sentence has been
determined, or until the time for an appeal has expired. A
disqualification under this paragraph ends five years after the sentence
has been completed.
(2) A person who is not eligible to be a member of
the National Assembly in terms of subsection (1)(a) or (b) may be a
candidate for the Assembly, subject to any limits or conditions
established by national legislation.
(3) A person loses membership of
the National Assembly if that person -
(a) ceases to be eligible;
or
(b) is absent from the Assembly without permission in circumstances
for which the rules and orders of the Assembly prescribe loss of
membership.
(4) Vacancies in the National Assembly must be filled in
terms of national legislation.
Before
members of the National Assembly begin to perform their functions in the
Assembly, they must swear or affirm faithfulness to the Republic and
obedience to the Constitution, in accordance with Schedule 2.
(1) The National Assembly is elected for a term of
five years.
(2) If the National Assembly is dissolved in terms of
section 50, or when its term expires, the President, by proclamation, must
call and set dates for an election, which must be held within 90 days of
the date the Assembly was dissolved or its term expired.
(3) If the
result of an election of the National Assembly is not declared within the
period established in terms of section 190, or if an election is set aside
by a court, the President, by proclamation, must call and set dates for
another election, which must be held within 90 days of the expiry of that
period or of the date on which the election was set aside.
(4) The
National Assembly remains competent to function from the time it is
dissolved or its term expires, until the day before the first day of
polling for the next Assembly.
(1) The President must dissolve the National
Assembly if -
(a) the Assembly has adopted a resolution to dissolve
with a supporting vote of a majority of its members; and
(b) three
years have passed since the Assembly was elected.
(2) The Acting
President must dissolve the National Assembly if -
(a) there is a
vacancy in the office of President; and
(b) the Assembly fails to elect
a new President within 30 days after the vacancy occurred.
(1)
After an election, the first sitting of the National Assembly must take
place at a time and on a date determined by the President of the
Constitutional Court, but not more than 14 days after the election result
has been declared. The National Assembly may determine the time and
duration of its other sittings and its recess periods.
(2) The
President may summon the National Assembly to an extraordinary sitting at
any time to conduct special business.
(3) Sittings of the National
Assembly are permitted at places other than the seat of Parliament only on
the grounds of public interest, security or convenience, and if provided
for in the rules and orders of the Assembly.
(1)
At the first sitting after its election, or when necessary to fill a
vacancy, the National Assembly must elect a Speaker and a Deputy Speaker
from among its members.
(2) The President of the Constitutional Court
must preside over the election of a Speaker, or designate another judge to
do so. The Speaker presides over the election of a Deputy Speaker.
(3)
The procedure set out in Part A of Schedule 3 applies to the election of
the Speaker and the Deputy Speaker.
(4) The National Assembly may
remove the Speaker or Deputy Speaker from office by resolution. A majority
of the members of the Assembly must be present when the resolution is
adopted.
(5) In terms of its rules and orders, the National Assembly
may elect from among its members other presiding officers to assist the
Speaker and the Deputy Speaker.
(1) Except where the
Constitution provides otherwise -
(a) a majority of the members of the
National Assembly must be present before a vote may be taken on a Bill or
an amendment to a Bill;
(b) at least one third of the members must be
present before a vote may be taken on any other question before the
Assembly; and
(c) all questions before the Assembly are decided by a
majority of the votes cast.
(2) The member of the National Assembly
presiding at a meeting of the Assembly has no deliberative vote, but
-
(a) must cast a deciding vote when there is an equal number of votes
on each side of a question; and
(b) may cast a deliberative vote when a
question must be decided with a supporting vote of at least two thirds of
the members of the Assembly.
The President and any member of the Cabinet
who is not a member of the National Assembly may attend, and may speak in,
the Assembly, but may not vote.
(1)
In exercising its legislative power, the National Assembly may -
(a)
consider, pass, amend or reject any legislation before the Assembly;
and
(b) initiate or prepare legislation, except money Bills.
(2) The
National Assembly must provide for mechanisms -
(a) to ensure that all
executive organs of state in the national sphere of government are
accountable to it; and
(b) to maintain oversight of -
(i) the
exercise of national executive authority, including the implementation of
legislation; and
(ii) any organ of state.
The National Assembly or any of its committees may
-
(a) summon any person to appear before it to give evidence on oath or
affirmation, or to produce documents;
(b) require any person or
institution to report to it;
(c) compel, in terms of national
legislation or the rules and orders, any person or institution to comply
with a summons or requirement in terms of paragraph (a) or (b); and
(d)
receive petitions, representations or submissions from any interested
persons or institutions.
(1) The National Assembly may
-
(a) determine and control its internal arrangements, proceedings and
procedures; and
(b) make rules and orders concerning its business, with
due regard to representative and participatory democracy, accountability,
transparency and public involvement.
(2) The rules and orders of the
National Assembly must provide for -
(a) the establishment,
composition, powers, functions, procedures and duration of its
committees;
(b) the participation in the proceedings of the Assembly
and its committees of minority parties represented in the Assembly, in a
manner consistent with democracy;
(c) financial and administrative
assistance to each party represented in the Assembly in proportion to its
representation, to enable the party and its leader to perform their
functions in the Assembly effectively; and
(d) the recognition of the
leader of the largest opposition party in the Assembly as the Leader of
the Opposition.
(1) Cabinet members
and members of the National Assembly -
(a) have freedom of speech in
the Assembly and in its committees, subject to its rules and orders;
and
(b) are not liable to civil or criminal proceedings, arrest,
imprisonment or damages for -
(i) anything that they have said in,
produced before or submitted to the Assembly or any of its committees;
or
(ii) anything revealed as a result of anything that they have said
in, produced before or submitted to the Assembly or any of its
committees.
(2) Other privileges and immunities of the National
Assembly, Cabinet members and members of the Assembly may be prescribed by
national legislation.
(3) Salaries, allowances and benefits payable to
members of the National Assembly are a direct charge against the National
Revenue Fund.
(1) The National Assembly must -
(a)
facilitate public involvement in the legislative and other processes of
the Assembly and its committees; and
(b) conduct its business in an
open manner, and hold its sittings, and those of its committees, in
public, but reasonable measures may be taken -
(i) to regulate public
access, including access of the media, to the Assembly and its committees;
and
(ii) to provide for the searching of any person and,where
appropriate, the refusal of entry to, or the removal of, any
person.
(2) The National Assembly may not exclude the public, including
the media, from a sitting of a committee unless it is reasonable and
justifiable to do so in an open and democratic society.
(1) The National Council of Provinces is composed of a
single delegation from each province consisting of ten delegates.
(2)
The ten delegates are -
(a) four special delegates consisting
of-
(i) the Premier of the province or, if the Premier is not
available, any member of the provincial legislature designated by the
Premier either generally or for any specific business before the National
Council of Provinces; and
(ii) three other special delegates;
and
(b) six permanent delegates appointed in terms of section
61(2).
(3) The Premier of a province, or if the Premier is not
available, a member of the province's delegation designated by the
Premier, heads the delegation.
(1)
Parties represented in a provincial legislature are entitled to delegates
in the province's delegation in accordance with the formula set out in
Part B of Schedule 3.
(2) Within 30 days after the result of an
election of a provincial legislature is declared, the legislature must
-
(a) determine, in accordance with national legislation, how many of
each party's delegates are to be permanent delegates and how many are to
be special delegates; and
(b) appoint the permanent delegates in
accordance with the nominations of the parties.
(3) The national
legislation envisaged in subsection (2)(a) must ensure the participation
of minority parties in both the permanent and special delegates"
components of the delegation in a manner consistent with democracy.
(4)
The legislature, with the concurrence of the Premier and the leaders of
the parties entitled to special delegates in the province's delegation,
must designate special delegates, as required from time to time, from
among the members of the legislature.
(1) A person
nominated as a permanent delegate must be eligible to be a member of the
provincial legislature.
(2) If a person who is a member of a provincial
legislature is appointed as a permanent delegate, that person ceases to be
a member of the legislature.
(3) Permanent delegates are appointed for
a term that expires immediately before the first sitting of the provincial
legislature after its next election.
(4) A person ceases to be a
permanent delegate if that person -
(a) ceases to be eligible to be a
member of the provincial legislature for any reason other than being
appointed as a permanent delegate;
(b) becomes a member of the
Cabinet;
(c) has lost the confidence of the provincial legislature and
is recalled by the party that nominated that person;
(d) ceases to be a
member of the party that nominated that person and is recalled by that
party; or
(e) is absent from the National Council of Provinces without
permission in circumstances for which the rules and orders of the Council
prescribe loss of office as a permanent delegate.
(5) Vacancies among
the permanent delegates must be filled in terms of national
legislation.
(6) Before permanent delegates begin to perform their
functions in the National Council of Provinces, they must swear or affirm
faithfulness to the Republic and obedience to the Constitution, in
accordance with Schedule 2.
(1)
The National Council of Provinces may determine the time and duration of
its sittings and its recess periods.
(2) The President may summon the
National Council of Provinces to an extraordinary sitting at any time to
conduct special business.
(3) Sittings of the National Council of
Provinces are permitted at places other than the seat of Parliament only
on the grounds of public interest, security or convenience, and if
provided for in the rules and orders of the Council.
(1) The National Council of Provinces must elect a
Chairperson and two Deputy Chairpersons from among the delegates.
(2)
The Chairperson and one of the Deputy Chairpersons are elected from among
the permanent delegates for five years unless their terms as delegates
expire earlier.
(3) The other Deputy Chairperson is elected for a term
of one year, and must be succeeded by a delegate from another province, so
that every province is represented in turn.
(4) The President of the
Constitutional Court must preside over the election of the Chairperson, or
designate another judge to do so. The Chairperson presides over the
election of the Deputy Chairpersons.
(5) The procedure set out in Part
A of Schedule 3 applies to the election of the Chairperson and the Deputy
Chairpersons.
(6) The National Council of Provinces may remove the
Chairperson or a Deputy Chairperson from office.
(7) In terms of its
rules and orders, the National Council of Provinces may elect from among
the delegates other presiding officers to assist the Chairperson and
Deputy Chairpersons.
(1) Except where the
Constitution provides otherwise -
(a) each province has one vote, which
is cast on behalf of the province by the head of its delegation;
and
(b) all questions before the National Council of Provinces are
agreed when at least five provinces vote in favour of the question.
(2)
An Act of Parliament, enacted in accordance with the procedure established
by either subsection (1) or subsection (2) of section 76, must provide for
a uniform procedure in terms of which provincial legislatures confer
authority on their delegations to cast votes on their behalf.
(1) Cabinet members and Deputy Ministers may attend,
and may speak in, the National Council of Provinces, but may not
vote.
(2) The National Council of Provinces may require a Cabinet
member, a Deputy Minister or an official in the national executive or a
provincial executive to attend a meeting of the Council or a committee of
the Council.
Not more than ten part-time representatives
designated by organised local government in terms of section 163, to
represent the different categories of municipalities, may participate when
necessary in the proceedings of the National Council of Provinces, but may
not vote.
In
exercising its legislative power, the National Council of Provinces may
-
(a) consider, pass, amend, propose amendments to or reject any
legislation before the Council, in accordance with this Chapter;
and
(b) initiate or prepare legislation falling within a functional
area listed in Schedule 4 or other legislation referred to in section
76(3), but may not initiate or prepare money Bills.
The National Council of Provinces or any of its
committees may -
(a) summon any person to appear before it to give
evidence on oath or affirmation or to produce documents;
(b) require
any institution or person to report to it;
(c) compel, in terms of
national legislation or the rules and orders, any person or institution to
comply with a summons or requirement in terms of paragraph (a) or (b);
and
(d) receive petitions, representations or submissions from any
interested persons or institutions.
(1) The National Council of
Provinces may -
(a) determine and control its internal arrangements,
proceedings and procedures; and
(b) make rules and orders concerning
its business, with due regard to representative and participatory
democracy, accountability, transparency and public involvement.
(2) The
rules and orders of the National Council of Provinces must provide for
-
(a) the establishment, composition, powers, functions, procedures and
duration of its committees;
(b) the participation of all the provinces
in its proceedings in a manner consistent with democracy; and
(c) the
participation in the proceedings of the Council and its committees of
minority parties represented in the Council, in a manner consistent with
democracy, whenever a matter is to be decided in accordance with section
75.
(1) Delegates to the
National Council of Provinces and the persons referred to in sections 66
and 67 -
(a) have freedom of speech in the Council and in its
committees, subject to its rules and orders; and
(b) are not liable to
civil or criminal proceedings, arrest, imprisonment or damages for
-
(i) anything that they have said in, produced before or submitted to
the Council or any of its committees; or
(ii) anything revealed as a
result of anything that they have said in, produced before or submitted to
the Council or any of its committees.
(2) Other privileges and
immunities of the National Council of Provinces, delegates to the Council
and persons referred to in sections 66 and 67 may be prescribed by
national legislation.
(3) Salaries, allowances and benefits payable to
permanent members of the National Council of Provinces are a direct charge
against the National Revenue Fund.
(1) The National Council of Provinces must
-
(a) facilitate public involvement in the legislative and other
processes of the Council and its committees; and
(b) conduct its
business in an open manner, and hold its sittings, and those of its
committees, in public, but reasonable measures may be taken -
(i) to
regulate public access, including access of the media, to the Council and
its committees; and
(ii) to provide for the searching of any person
and, where appropriate, the refusal of entry to, or the removal of, any
person.
(2) The National Council of Provinces may not exclude the
public, including the media, from a sitting of a committee unless it is
reasonable and justifiable to do so in an open and democratic society.
(1) Any Bill may be
introduced in the National Assembly.
(2) Only a Cabinet member or a
Deputy Minister, or a member or committee of the Assembly, may introduce a
Bill in the Assembly; but only the Cabinet member responsible for national
financial matters may introduce a money Bill in the Assembly.
(3) A
Bill referred to in section 76(3), except a money Bill, may be introduced
in the National Council of Provinces.
(4) Only a member or committee of
the National Council of Provinces may introduce a Bill in the
Council.
(5) A Bill passed by the National Assembly must be referred to
the National Council of Provinces if it must be considered by the Council.
A Bill passed by the Council must be referred to the Assembly.
(1) Section 1 and this subsection may be amended
by a Bill passed
by -
(a) the National Assembly, with a supporting
vote of at least 75 per cent of its members; and
(b) the National
Council of Provinces, with a supporting vote of at least six
provinces.
(2) Chapter 2 may be amended by a Bill passed by -
(a)
the National Assembly, with a supporting vote of at least two thirds of
its members; and
(b) the National Council of Provinces, with a
supporting vote of at least six provinces.
(3) Any other provision of
the Constitution may be amended by a Bill passed -
(a) by the National
Assembly, with a supporting vote of at least two thirds of its members;
and
(b) also by the National Council of Provinces, with a supporting
vote of at least six provinces, if the amendment -
(i) relates to a
matter that affects the Council;
(ii) alters provincial boundaries,
powers, functions or institutions; or
(iii) amends a provision that
deals specifically with a provincial matter.
(4) A Bill amending the
Constitution may not include provisions other than constitutional
amendments and matters connected with the amendments.
(5) At least 30
days before a Bill amending the Constitution is introduced in terms of
section 73(2), the person or committee intending to introduce the Bill
must -
(a) publish in the national Government Gazette, and in
accordance with the rules and orders of the National Assembly, particulars
of the proposed amendment for public comment;
(b) submit, in accordance
with the rules and orders of the Assembly, those particulars to the
provincial legislatures for their views; and
(c) submit, in accordance
with the rules and orders of the National Council of Provinces, those
particulars to the Council for a public debate, if the proposed amendment
is not an amendment that is required to be passed by the Council.
(6)
When a Bill amending the Constitution is introduced, the person or
committee introducing the Bill must submit any written comments received
from the public and the provincial legislatures -
(a) to the Speaker
for tabling in the National Assembly; and
(b) in respect of amendments
referred to in subsection (1), (2), or (3)(b), to the Chairperson of the
National Council of Provinces for tabling in the Council.
(7) A Bill
amending the Constitution may not be put to the vote in the National
Assembly within 30 days of -
(a) its introduction, if the Assembly is
sitting when the Bill is introduced; or
(b) its tabling in the
Assembly, if the Assembly is in recess when the Bill is introduced.
(8)
If a Bill referred to in subsection (3)(b), or any part of the Bill,
concerns only a specific province or provinces, the National Council of
Provinces may not pass the Bill or the relevant part unless it has been
approved by the legislature or legislatures of the province or provinces
concerned.
(9) A Bill amending the Constitution that has been passed by
the National Assembly and, where applicable, by the National Council of
Provinces, must be referred to the President for assent.
(1) When the National Assembly passes a Bill other
than a Bill to which the procedure set out in section 74 or 76 applies,
the Bill must be referred to the National Council of Provinces and dealt
with in accordance with the following procedure:
(a) The Council must
-
(i) pass the Bill;
(ii) pass the Bill subject to amendments
proposed by it; or
(iii) reject the Bill.
(b) If the Council passes
the Bill without proposing amendments, the Bill must be submitted to the
President for assent.
(c) If the Council rejects the Bill or passes it
subject to amendments, the Assembly must reconsider the Bill, taking into
account any amendment proposed by the Council, and may -
(i) pass the
Bill again, either with or without amendments; or
(ii) decide not to
proceed with the Bill.
(d) A Bill passed by the Assembly in terms of
paragraph (c) must be submitted to the President for assent.
(2) When
the National Council of Provinces votes on a question in terms of this
section, section 65 does not apply; instead -
(a) each delegate in a
provincial delegation has one vote;
(b) at least one third of the
delegates must be present before a vote may be taken on the question;
and
(c) the question is decided by a majority of the votes cast, but if
there is an equal number of votes on each side of the question, the
delegate presiding must cast a deciding vote.
(1) When the National Assembly passes a Bill referred
to in subsection (3), (4) or (5), the Bill must be referred to the
National Council of Provinces and dealt with in accordance with the
following procedure:
(a) The Council must -
(i) pass the
Bill;
(ii) pass an amended Bill; or
(iii) reject the Bill.
(b) If
the Council passes the Bill without amendment, the Bill must be submitted
to the President for assent.
(c) If the Council passes an amended Bill,
the amended Bill must be referred to the Assembly, and if the Assembly
passes the amended Bill, it must be submitted to the President for
assent.
(d) If the Council rejects the Bill, or if the Assembly refuses
to pass an amended Bill referred to it in terms of paragraph (c), the Bill
and, where applicable, also the amended Bill, must be referred to the
Mediation Committee, which may agree on -
(i) the Bill as passed by the
Assembly;
(ii) the amended Bill as passed by the Council; or
(iii)
another version of the Bill.
(e) If the Mediation Committee is unable
to agree within 30 days of the Bill's referral to it, the Bill lapses
unless the Assembly again passes the Bill, but with a supporting vote of
at least two thirds of its members.
(f) If the Mediation Committee
agrees on the Bill as passed by the Assembly, the Bill must be referred to
the Council, and if the Council passes the Bill, the Bill must be
submitted to the President for assent.
(g) If the Mediation Committee
agrees on the amended Bill as passed by the Council, the Bill must be
referred to the Assembly, and if it is passed by the Assembly, it must be
submitted to the President for assent.
(h) If the Mediation Committee
agrees on another version of the Bill, that version of the Bill must be
referred to both the Assembly and the Council, and if it is passed by the
Assembly and the Council, it must be submitted to the President for
assent.
(i) If a Bill referred to the Council in terms of paragraph (f)
or (h) is not passed by the Council, the Bill lapses unless the Assembly
passes the Bil with a supporting vote of at least two thirds of its
members.
(j) If a Bill referred to the Assembly in terms of paragraph
(g) or (h) is not passed by the Assembly, that Bill lapses, but the Bill
as originally passed by the Assembly may again be passed by the Assembly,
but with a supporting vote of at least two thirds of its members.
(k) A
Bill passed by the Assembly in terms of paragraph (e), (i) or (j) must be
submitted to the President for assent.
(2) When the National Council of
Provinces passes a Bill referred to in subsection (3) the Bill must be
referred to the National Assembly and dealt with in accordance with the
following procedure:
(a) The Assembly must -
(i) pass the
Bill;
(ii) pass an amended Bill; or
(iii) reject the Bill.
(b) A
Bill passed by the Assembly in terms of paragraph (a)(i) must be submitted
to the President for assent.
(c) If the Assembly passes an amended
Bill, the amended Bill must be referred to the Council, and if the Council
passes the amended Bill, it must be submitted to the President for
assent.
(d) If the Assembly rejects the Bill, or if the Council refuses
to pass an amended Bill referred to it in terms of paragraph (c), the Bill
and, where applicable, also the amended Bill must be referred to the
Mediation Committee, which may agree on -
(i) the Bill as passed by the
Council;
(ii) the amended Bill as passed by the Assembly; or
(iii)
another version of the Bill.
(e) If the Mediation Committee is unable
to agree within 30 days of the Bill's referral to it, the Bill
lapses.
(f) If the Mediation Committee agrees on the Bill as passed by
the Council, the Bill must be referred to the Assembly, and if the
Assembly passes the Bill, the Bill must be submitted to the President for
assent.
(g) If the Mediation Committee agrees on the amended Bill as
passed by the Assembly, the Bill must be referred to the Council, and if
it is passed by the Council, it must be submitted to the President for
assent.
(h) If the Mediation Committee agrees on another version of the
Bill, that version of the Bill must be referred to both the Council and
the Assembly, and if it is passed by the Council and the Assembly, it must
be submitted to the President for assent.
(i) If a Bill referred to the
Assembly in terms of paragraph (f) or (h) is not passed by the Assembly,
the Bill lapses.
(3) A Bill must be dealt with in accordance with the
procedure established by either subsection (1) or subsection (2) if it
falls within a functional area listed in Schedule 4 or provides for
legislation envisaged in any of the following sections:
(a) Section
65(2);
(b) section 163;
(c) section 182;
(d) section 195(3) and
(4);
(e) section 196; and
(f) section 197.
(4) A Bill must be
dealt with in accordance with the procedure established by subsection (1)
if it provides for legislation -
(a) envisaged in section 44(2) or
220(3); or
(b) envisaged in Chapter 13, and which affects the financial
interests of the provincial sphere of government.
(5) A Bill envisaged
in section 42(6) must be dealt with in accordance with the procedure
established by subsection (1), except that -
(a) when the National
Assembly votes on the Bill, the provisions of section 53(1) do not apply;
instead, the Bill may be passed only if a majority of the members of the
Assembly vote in favour of it; and
(b) if the Bill is referred to the
Mediation Committee, the following rules apply:
(i) If the National
Assembly considers a Bill envisaged in subsection (1) (g) or (h), that
Bill may be passed only if a majority of the members of the Assembly vote
in favour of it.
(ii) If the National Assembly considers or reconsiders
a Bill envisaged in subsection (1)(e), (i) or (j), that Bill may be passed
only if at least two thirds of the members of the Assembly vote in favour
of it.
(6) This section does not apply to money Bills.
(1) A Bill that
appropriates money or imposes taxes, levies or duties is a money Bill. A
money Bill may not deal with any other matter except a subordinate matter
incidental to the appropriation of money or the imposition of taxes,
levies or duties.
(2) All money Bills must be considered in accordance
with the procedure established by section 75. An Act of Parliament must
provide for a procedure to amend money Bills before Parliament.
(1) The
Mediation Committee consists of -
(a) nine members of the National
Assembly elected by the Assembly in accordance with a procedure that is
prescribed by the rules and orders of the Assembly and results in the
representation of parties in substantially the same proportion that the
parties are represented in the Assembly; and
(b) one delegate from each
provincial delegation in the National Council of Provinces, designated by
the delegation.
(2) The Mediation Committee has agreed on a version of
a Bill, or decided a question, when that version, or one side of a
question, is supported by -
(a) at least five of the representatives of
the National Assembly; and
(b) at least five of the representatives of
the National Council of Provinces.
(1) The
President must either assent to and sign a Bill passed in terms of this
Chapter or, if the President has reservations about the constitutionality
of the Bill, refer it back to the National Assembly for
reconsideration.
(2) The joint rules and orders must provide for the
procedure for the reconsideration of a Bill by the National Assembly and
the participation of the National Council of Provinces in the
process.
(3) The National Council of Provinces must participate in the
reconsideration of a Bill that the President has referred back to the
National Assembly if -
(a) the President's reservations about the
constitutionality of the Bill relate to a procedural matter that involves
the Council; or
(b) section 74(1), (2) or (3)(b) or 76 was applicable
in the passing of the Bill.
(4) If, after reconsideration, a Bill fully
accommodates the President's reservations, the President must assent to
and sign the Bill; if not, the President must either -
(a) assent to
and sign the Bill; or
(b) refer it to the Constitutional Court for a
decision on its constitutionality.
(5) If the Constitutional Court
decides that the Bill is constitutional, the President must assent to and
sign it.
(1) Members of the National Assembly
may apply to the Constitutional Court for an order declaring that all or
part of an Act of Parliament is unconstitutional.
(2) An application
-
(a) must be supported by at least one third of the members of the
Assembly; and
(b) must be made within 30 days of the date on which the
President assented to and signed the Act.
(3) 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.
(4) If an
application is unsuccessful, and did not have a reasonable prospect of
success, the Constitutional Court may order the applicants to pay costs.
A Bill
assented to and signed by the President becomes an Act of Parliament, must
be published promptly, and takes effect when published or on a date
determined in terms of the Act.
The signed copy of an Act of Parliament is
conclusive evidence of the provisions of that Act and, after publication,
must be entrusted to the Constitutional Court for safekeeping.
The President
(a) is the Head of
State and head of the national executive;
(b) must uphold, defend and
respect the Constitution as the supreme law of the Republic; and
(c)
promotes the unity of the nation and that which will advance the Republic.
(1) The President has the powers entrusted by the
Constitution and legislation, including those necessary to perform the
functions of Head of State and head of the national executive.
(2) The
President is responsible for -
(a) assenting to and signing
Bills;
(b) referring a Bill back to the National Assembly 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 National Assembly, the National
Council of Provinces or Parliament to an extraordinary sitting to conduct
special business;
(e) making any appointments that the Constitution or
legislation requires the President to make, other than as head of the
national executive;
(f) appointing commissions of inquiry;
(g)
calling a national referendum in terms of an Act of Parliament;
(h)
receiving and recognising foreign diplomatic and consular
representatives;
(i) appointing ambassadors, plenipotentiaries, and
diplomatic and consular representatives;
(j) pardoning or reprieving
offenders and remitting any fines, penalties or forfeitures; and
(k)
conferring honours.
(1) The executive authority of the Republic is vested
in the President.
(2) The President exercises the executive authority,
together with the other members of the Cabinet, by -
(a) implementing
national legislation except where the Constitution or an Act of Parliament
provides otherwise;
(b) developing and implementing national
policy;
(c) co-ordinating the functions of state departments and
administrations;
(d) preparing and initiating legislation; and
(e)
performing any other executive function provided for in the Constitution
or in national legislation.
(1) At its
first sitting after its election, and whenever necessary to fill a
vacancy, the National Assembly must elect a woman or a man from among its
members to be the President.
(2) The President of the Constitutional
Court must preside over the election of the President, or designate
another judge to do so. The procedure set out in Part A of Schedule 3
applies to the election of the President.
(3) An election to fill a
vacancy in the office of President must be held at a time and on a date
determined by the President of the Constitutional Court, but not more than
30 days after the vacancy occurs.
When elected President, a person ceases to be a
member of the National Assembly and, within five days, must assume office
by swearing or affirming faithfulness to the Republic and obedience to the
Constitution, in accordance with Schedule 2.
(1)
The President's term of office begins on assuming office and ends upon a
vacancy occurring or when the person next elected President assumes
office.
(2) No person may hold office as President for more than two
terms, but when a person is elected to fill a vacancy in the office of
President, the period between that election and the next election of a
President is not regarded as a term.
(1) The
National Assembly, by a resolution adopted with a supporting vote of at
least two thirds of its members, may remove the President from office only
on the grounds of -
(a) a serious violation of the Constitution or the
law;
(b) serious misconduct; or
(c) inability to perform the
functions of office.
(2) Anyone who has been removed from the office of
President in terms of subsection (1) (a) or (b) may not receive any
benefits of that office, and may not serve in any public office.
(1) When the
President is absent from the Republic or otherwise unable to fulfil the
duties of President, or during a vacancy in the office of President, an
office-bearer in the order below acts as President:
(a) The Deputy
President.
(b) A Minister designated by the President.
(c) A
Minister designated by the other members of the Cabinet.
(d) The
Speaker, until the National Assembly designates one of its other
members.
(2) An Acting President has the responsibilities, powers and
functions of the President.
(3) Before assuming the responsibilities,
powers and functions of the President, the Acting President must swear or
affirm faithfulness to the Republic and obedience to the Constitution, in
accordance with Schedule 2.
(1) The Cabinet
(2) The President appoints the Deputy President and
Ministers, assigns their powers and functions, and may dismiss
them.
(3) The President -
(a) must select the Deputy President from
among the members of the National Assembly;
(b) may select any number
of Ministers from among the members of the Assembly; and
(c) may select
no more than two Ministers from outside the Assembly.
(4) The President
must appoint a member of the Cabinet to be the leader of government
business in the National Assembly.
(5) The Deputy President must assist
the President in the execution of the functions of government.
(1) The Deputy President and Ministers are
responsible for the powers and functions of the executive assigned to them
by the President.
(2) Members of the Cabinet are accountable
collectively and individually to Parliament for the exercise of their
powers and the performance of their functions.
(3) Members of the
Cabinet must -
(a) act in accordance with the Constitution; and
(b)
provide Parliament with full and regular reports concerning matters under
their control.
The President
may appoint Deputy Ministers from among the members of the National
Assembly to assist the members of the Cabinet, and may dismiss them.
When an election of the National Assembly is held,
the Cabinet, the Deputy President, Ministers and any Deputy Ministers
remain competent to function until the person elected President by the
next Assembly assumes office.
Before the
Deputy President, Ministers and any Deputy Ministers begin to perform
their functions, they must swear or affirm faithfulness to the Republic
and obedience to the Constitution, in accordance with Schedule 2.
(1) Members of the Cabinet and Deputy Ministers must
act in accordance with a code of ethics prescribed by national
legislation.
(2) Members of the Cabinet and Deputy Ministers may not
-
(a) undertake any other paid work;
(b) act in any way that is
inconsistent with their office, or expose themselves to any situation
involving the risk of a conflict between their official responsibilities
and private interests; or
(c) use their position or any information
entrusted to them, to enrich themselves or improperly benefit any other
person.
The
President by proclamation may transfer to a member of the
Cabinet
-
(a) the administration of any legislation entrusted to another
member; or
(b) any power or function entrusted by legislation to
another member.
The President may assign to a Cabinet member any
power or function of another member who is absent from office or is unable
to exercise that power or perform that function.
A
Cabinet member may assign any power or function that is to be performed in
terms of an Act of Parliament to a member of a provincial Executive
Council or to a Municipal Council. An assignment -
(a) must be in terms
of an agreement between the relevant Cabinet member and the Executive
Council member or Municipal Council;
(b) must be consistent with that
of Parliament in terms of which the relevant power or function is
exercised or performed; and
(c) takes effect upon proclamation by the
President.
(1) When a province cannot or does not fulfil an
executive obligation in terms of legislation or the Constitution, the
national executive may intervene by taking any appropriate steps to ensure
fulfilment of that obligation, including -
(a) issuing a directive to
the provincial executive, describing the extent of the failure to fulfil
its obligations and stating any steps required to meet its obligations;
and
(b) assuming responsibility for the relevant obligation in that
province to the extent necessary to -
(i) maintain essential national
standards or meet established minimum standards for the rendering of a
service;
(ii) maintain economic unity;
(iii) maintain national
security; or
(iv) prevent that province from taking unreasonable action
that is prejudicial to the interests of another province or to the country
as a whole.
(2) If the national executive intervenes in a province in
terms of subsection (1)(b) -
(a) notice of the intervention must be
tabled in the National Council of Provinces within 14 days of its first
sitting after the intervention began;
(b) the intervention must end
unless it is approved by the Council within 30 days of its first sitting
after the intervention began; and
(c) the Council must review the
intervention regularly and make any appropriate recommendations to the
national executive.
(3) National legislation may regulate the process
established by this section.
(1) A
decision by the President must be in writing if it -
(a) is taken in
terms of legislation; or
(b) has legal consequences.
(2) A written
decision by the President must be countersigned by another Cabinet member
if that decision concerns a function assigned to that other Cabinet
member.
(3) Proclamations, regulations and other instruments of
subordinate legislation must be accessible to the public.
(4) National
legislation may specify the manner in which, and the extent to which,
instruments mentioned in subsection (3) must be -
(a) tabled in
Parliament; and
(b) approved by Parliament.
(1) If
the National Assembly, by a vote supported by a majority of its members,
passes a motion of no confidence in the Cabinet excluding the President,
the President must reconstitute the Cabinet.
(2)If the National
Assembly, by a vote supported by a majority of its members, passes a
motion of no confidence in the President, the President and the other
members of the Cabinet and any Deputy Ministers must resign.
(1) The Republic has
the following provinces:
(a) Eastern Cape
(b) Free State
(c)
Gauteng
(d) KwaZulu-Natal
(e) Mpumalanga
(f) Northern Cape
(g)
Northern Province
(h) North West
(i) Western Cape.
(2) The
boundaries of the provinces are those that existed when the Constitution
took effect.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5)
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.
(1) A provincial legislature consists of women and
men elected as members in terms of an electoral system that -
(a) is
prescribed by national legislation;
(b) is based on that province's
segment of the national common voters roll;
(c) provides for a minimum
voting age of 18 years; and
(d) results, in general, in proportional
representation.
(2) A provincial legislature consists of between 30 and
80 members. The number of members, which may differ among the provinces,
must be determined in terms of a formula prescribed by national
legislation.
(1) Every citizen
who is qualified to vote for the National Assembly is eligible to be a
member of a provincial legislature, except -
(a) anyone who is
appointed by, or is in the service of, the state and receives remuneration
for that appointment or service, other than -
(i) the Premier and other
members of the Executive Council of a province; and
(ii) other
office-bearers whose functions are compatible with the functions of a
member of a provincial legislature, and have been declared compatible with
those functions by national legislation;
(b) members of the National
Assembly, permanent delegates to the National Council of Provinces or
members of a Municipal Council;
(c) unrehabilitated insolvents;
(d)
anyone declared to be of unsound mind by a court of the Republic;
or
(e) anyone who, after this section took effect, is convicted of an
offence and sentenced to more than 12 months" imprisonment without the
option of a fine, either in the Republic, or outside the Republic if the
conduct constituting the offence would have been an offence in the
Republic, but no one may be regarded as having been sentenced until an
appeal against the conviction or sentence has been determined, or until
the time for an appeal has expired. A disqualification under this
paragraph ends five years after the sentence has been completed.
(2) A
person who is not eligible to be a member of a provincial legislature in
terms of subsection (1) (a) or (b) may be a candidate for the legislature,
subject to any limits or conditions established by national
legislation.
(3) A person loses membership of a provincial legislature
if that
person -
(a) ceases to be eligible; or
(b) is absent from
the legislature without permission in circumstances for which the rules
and orders of the legislature prescribe loss of membership.
(4)
Vacancies in a provincial legislature must be filled in terms of national
legislation.
Before
members of a provincial legislature begin to perform their functions in
the legislature, they must swear or affirm faithfulness to the Republic
and obedience to the Constitution, in accordance with Schedule 2.
(1) A provincial legislature is elected for a term
of five years.
(2) If a provincial legislature is dissolved in terms of
section 109, or when its term expires, the Premier of the province, by
proclamation, must call and set dates for an election, which must be held
within 90 days of the date the legislature was dissolved or its term
expired.
(3) If the result of an election of a provincial legislature
is not declared within the period referred to in section 190, or if an
election is set aside by a court, the President, by proclamation, must
call and set dates for another election, which must be held within 90 days
of the expiry of that period or of the date on which the election was set
aside.
(4) A provincial legislature remains competent to function from
the time it is dissolved or its term expires, until the day before the
first day of polling for the next legislature.
(1) The Premier of a province must
dissolve the provincial legislature if -
(a) the legislature has
adopted a resolution to dissolve with a supporting vote of a majority of
its members; and
(b) three years have passed since the legislature was
elected.
(2) An Acting Premier must dissolve the provincial legislature
if -
(a) there is a vacancy in the office of Premier; and
(b) the
legislature fails to elect a new Premier within 30 days after the vacancy
occurred.
(1)
After an election, the first sitting of a provincial legislature must take
place at a time and on a date determined by a judge designated by the
President of the Constitutional Court, but not more than 14 days after the
election result has been declared. A provincial legislature may determine
the time and duration of its other sittings and its recess periods.
(2)
The Premier of a province may summon the provincial legislature to an
extraordinary sitting at any time to conduct special business.
(3) A
provincial legislature may determine where it ordinarily will sit.
(1) At the first sitting after its election, or when
necessary to fill a vacancy, a provincial legislature must elect a Speaker
and a Deputy Speaker from among its members.
(2) A judge designated by
the President of the Constitutional Court must preside over the election
of a Speaker. The Speaker presides over the election of a Deputy
Speaker.
(3) The procedure set out in Part A of Schedule 3 applies to
the election of Speakers and Deputy Speakers.
(4) A provincial
legislature may remove its Speaker or Deputy Speaker from office by
resolution. A majority of the members of the legislature must be present
when the resolution is adopted.
(5) In terms of its rules and orders, a
provincial legislature may elect from among its members other presiding
officers to assist the Speaker and the Deputy Speaker.
(1) Except where the
Constitution provides otherwise -
(a) a majority of the members of a
provincial legislature must be present before a vote may be taken on a
Bill or an amendment to a Bill;
(b) at least one third of the members
must be present before a vote may be taken on any other question before
the legislature; and
(c) all questions before a provincial legislature
are decided by a majority of the votes cast.
(2) The member presiding
at a meeting of a provincial legislature has no deliberative vote, but
-
(a) must cast a deciding vote when there is an equal number of votes
on each side of a question; and
(b) may cast a deliberative vote when a
question must be decided with a supporting vote of at least two thirds of
the members of the legislature.
A province's permanent delegates to the National
Council of Provinces may attend, and may speak in, their provincial
legislature and its committees, but may not vote. The legislature may
require a permanent delegate to attend the legislature or its committees.
(1) In exercising its legislative power, a
provincial legislature may -
(a) consider, pass, amend or reject any
Bill before the legislature; and
(b) initiate or prepare legislation,
except money Bills.
(2) A provincial legislature must provide for
mechanisms -
(a) to ensure that all provincial executive organs of
state in the province are accountable to it; and
(b) to maintain
oversight of -
(i) the exercise of provincial executive authority in
the province, including the implementation of legislation; and
(ii) any
provincial organ of state.
A provincial legislature or any of its committees
may -
(a) summon any person to appear before it to give evidence on
oath or affirmation, or to produce documents;
(b) require any person or
provincial institution to report to it;
(c) compel, in terms of
provincial legislation or the rules and orders, any person or institution
to comply with a summons or requirement in terms of paragraph (a) or (b);
and
(d) receive petitions, representations or submissions from any
interested persons or institutions.
(1) A provincial
legislature may -
(a) determine and control its internal arrangements,
proceedings and procedures; and
(b) make rules and orders concerning
its business, with due regard to representative and participatory
democracy, accountability, transparency and public involvement.
(2) The
rules and orders of a provincial legislature must provide for -
(a) the
establishment, composition, powers, functions, procedures and duration of
its committees;
(b) the participation in the proceedings of the
legislature and its committees of minority parties represented in the
legislature, in a manner consistent with democracy;
(c) financial and
administrative assistance to each party represented in the legislature, in
proportion to its representation, to enable the party and its leader to
perform their functions in the legislature effectively; and
(d) the
recognition of the leader of the largest opposition party in the
legislature, as the Leader of the Opposition.
(1) Members of a
provincial legislature and the province's permanent delegates to the
National Council of Provinces -
(a) have freedom of speech in the
legislature and in its committees, subject to its rules and orders;
and
(b) are not liable to civil or criminal proceedings, arrest,
imprisonment or damages for -
(i) anything that they have said in,
produced before or submitted to the legislature or any of its committees;
or
(ii) anything revealed as a result of anything that they have said
in, produced before or submitted to the legislature or any of its
committees.
(2) Other privileges and immunities of a provincial
legislature and its members may be prescribed by national
legislation.
(3) Salaries, allowances and benefits payable to members
of a provincial legislature are a direct charge against the Provincial
Revenue Fund.
(1) A provincial legislature must
-
(a) facilitate public involvement in the legislative and other
processes of the legislature and its committees; and
(b) conduct its
business in an open manner, and hold its sittings, and those of its
committees, in public, but reasonable measures may be taken -
(i) to
regulate public access, including access of the media, to the legislature
and its committees; and
(ii) to provide for the searching of any person
and, where appropriate, the refusal of entry to,or the removal of, any
person.
(2) A provincial legislature may not exclude the public,
including the media, from a sitting of a committee unless it is reasonable
and justifiable to do so in an open and democratic society.
Only
members of the Executive Council of a province or a committee or member of
a provincial legislature may introduce a Bill in the legislature; but only
the member of the Executive Council who is responsible for financial
matters in the province may introduce a money Bill in the legislature.
(1) A Bill that
appropriates money or imposes taxes, levies or
duties is a money Bill.
A money Bill may not deal with any other matter except a subordinate
matter incidental to the appropriation of money or the imposition of
taxes, levies or duties.
(2) A provincial Act must provide for a
procedure by which the province's legislature may amend a money Bill.
(1) The Premier
of a province must either assent to and sign a Bill passed by the
provincial legislature in terms of this Chapter or, if the Premier has
reservations about the constitutionality of the Bill, refer it back to the
legislature for reconsideration.
(2) If, after reconsideration, a Bill
fully accommodates the Premier's reservations, the Premier must assent to
and sign the Bill; if not, the Premier must either -
(a) assent to and
sign the Bill;