Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/48

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48     No. 18596
Staatskoerant, 15 Januarie 1998
 

Act No. 1, 1998 Constitution of the Western Cape, 1997

(4) Provincial legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be tabled in and approved by the Provincial Parliament.


Motions of no confidence

51.

(1) If the Provincial Parliament, by a vote supported by a majority of all its members, passes a motion of no confidence in the Provincial Cabinet, excluding the Premier, the Premier must reconstitute the Provincial Cabinet.

(2) If the Provincial Parliament, by a vote supported by a majority of all its members, passes a motion of no confidence in the Premier, the Premier and the other Provincial Ministers must resign.


Chapter 5

Local Government


Local Government in Western Cape

52.

(1) The local sphere of government in the Western Cape consists of municipalities established in terms of the national Constitution. The ability or right of a municipality to exercise its powers or perform its functions may not be compromised or impeded.

(2) The Western Cape government, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions.

(3) The Western Cape government must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 of the national Constitution which necessarily relates to local government, if—

(a) that matter would most effectively be administered locally; and

(b) the municipality has the capacity to administer it.

(4) Provincial legislation must provide for the publication and dissemination of draft provincial legislation that affects the status, institutions, powers or functions of local government, before it is introduced in the Provincial Parliament, in a manner that allows organised local government, municipalities and other interested persons an opportunity to make representations with regard to the draft legislation.

(5) The Western Cape government must publish a municipal by-law in the official gazette of the Province upon request by the municipality.


Establishment of municipalities

53.

(1) Provincial legislation must determine the different types of municipality to be established in the Western Cape, as defined by national legislation.

(2) The Western Cape government must establish municipalities in the Western Cape in a manner consistent with national legislation.