Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/49

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Government Gazette, 18 December 1996
No. 17678 47

Constitution of the Republic of South Africa, 1996 Act No. 108, 1996
Chapter 6—Provinces

Chapter 6

Provinces


Provinces

103.

(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.


Provincial Legislatures


Legislative authority of provinces

104.

(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