Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/54

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Raising of loans by provinces

157. (1) A province—

(a)

shall, subject to subsection (2), not be competent to raise loans for current expenditure; and

(b)

shall be competent to raise loans for capital expenditure, provided it does so within the framework of norms and conditions prescribed by an Act of Parliament passed after recommendations of the Financial and Fiscal Commission relating to the draft text of any such Act have been submitted to and considered by Parliament.

(2) Loans referred to in subsection (1)(a) may be raised for bridging finance during a fiscal year, subject to the condition that they shall be redeemed in that same fiscal year and subject to such further conditions as may be prescribed by an Act of Parliament passed after recommendations of the Financial and Fiscal Commission relating to the draft text of any such Act have been submitted to and considered by Parliament.

(3) A province may not guarantee a loan unless—

(a)

the Financial and Fiscal Commission has verified the need for a guarantee and recommended that it be given; and

(b)

the giving of the guarantee has been approved by a resolution of Parliament.

Revenue allocations by national government

158. Revenue allocations made by the national government—

(a)

to a provincial or local government shall be made through an appropriation Act; and

(b)

to a local government shall ordinarily be made through the provincial government of the province in which the local government is situated.

Provincial Revenue Funds

159. (1) There is hereby established in the administration of each province a Provincial Revenue Fund, into which shall be paid all revenue raised by or accruing to the provincial government.

(2) No money may be withdrawn from a Provincial Revenue Fund otherwise than by virtue of an appropriation made in accordance with a law of the provincial legislature concerned.

Provincial Constitutions

Adoption of provincial constitutions

160. (1) The provincial legislature shall be entitled to pass a constitution for its province by a resolution of a majority of at least two-thirds of all its members.

(2) A provincial legislature may make such arrangements as it deems appropriate in connection with its proceedings relating to the drafting and consideration of a provincial constitution.

(3) A provincial constitution shall not be inconsistent with—

(a)

a provision of this Constitution, including this Chapter and the Constitutional Principles set out in Schedule 4; and

(b)

a provision of the new constitutional text.

(4) The text of a provincial constitution passed by a provincial legislature, or any provision thereof, shall be of no force and effect unless the Constitutional Court has certified that none of its provisions is inconsistent with a provision referred to in subsection (3)(a), and if the new constitutional text is then already passed, also with a provision of the new constitutional text.

(5) A decision of the Constitutional Court in terms of subsection (4) certifying that the text of a provincial constitution is not inconsistent with the said provisions, shall be final and binding, and no court of law shall have jurisdiction to enquire into or pronounce upon the validity of such text or any provision thereof.