Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/60

From Wikisource
Jump to: navigation, search
This page has been validated.
60     No. 18596
Staatskoerant, 15 Januarie 1998
 

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

Elections of the Provincial Parliament

4.

(1) Schedule 2 to the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993), as amended by Annexure A to Schedule 6 to the national Constitution, applies—

(a) to the first election of the Provincial Parliament under this Constitution;

(b) to the loss of membership of the Provincial Parliament in circumstances other than those provided for in section 15(3) of this Constitution, until the second election of the Provincial Parliament under this Constitution; and

(c) to the filling of vacancies in the Provincial Parliament, and the supplementation, review and use of party lists for the filling of vacancies, until the second election of the Provincial Parliament under this Constitution.

(2) No election of the Provincial Parliament may be held before 30 April 1999 unless the Provincial Parliament is dissolved in terms of section 18(2) following a motion of no confidence in the Premier in terms of section 51(2).


Oaths and affirmations

5. A person who continues in office in terms of this Schedule and who has taken the oath of office or has made a solemn affirmation under the national Constitution or under the Republic of South Africa Constitution Act, 1993 (Act No. 200 of 1993), is not obliged to repeat the oath of office or solemn affirmation under this Constitution.


Dissolution of Provincial Parliament before expiry of its term

6. Section 18(1) of this Constitution is suspended until 30 April 1999.


Delegates to National Council of Provinces

7. The Provincial Parliament may, until an Act of Parliament is enacted in terms of section 65(2) of the national Constitution, provide in its rules and orders for the conferral of authority on its delegation to the National Council of Provinces to deliberate, act and cast votes on its behalf in the Council.


Provincial Cabinet

8.

(1) Anyone who is the Premier when this Constitution takes effect, continues in and holds office in terms of this Constitution as the Premier.

(2) Subject to section 44 of this Constitution, until the second election of the Provincial Parliament under this Constitution sections 42 and 43 are deemed to read as set out in Annexure A to this Schedule.


Enactment of legislation required by this Constitution

9.

(1) Where this Constitution requires the enactment of legislation or rules and orders of the Provincial Parliament, that legislation and those rules and orders must be enacted or adopted, as the case may be, by the relevant authority within a reasonable time after the date when this Constitution took effect.