Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/40

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40     No. 18596
Staatskoerant, 15 Januarie 1998

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

(4) The Provincial Parliament may determine the times and duration of its other sittings and its recess periods.

(5) The Premier may summon the Provincial Parliament to an extraordinary sitting at any time to conduct special or urgent business.



(1) The Provincial Parliament must elect a Speaker from amongst its members at the first sitting after its election, or when necessary to fill a vacancy.

(2) A judge designated by the President of the Constitutional Court must preside over the election of the Speaker. The procedure set out in Schedule 2 to this Constitution applies to the election of the Speaker.

(3) The Provincial Parliament may—

(a) elect a Deputy Speaker from among its members; and

(b) elect other presiding officers from among its members to assist the Speaker and the Deputy Speaker.

(4) The Provincial Parliament may remove the Speaker, Deputy Speaker and any other presiding officer by a resolution adopted with a supporting vote of a majority of all its members.

Quorum and decisions


(1) Except where this Constitution provides otherwise—

(a) a majority of the members of the Provincial Parliament 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 Provincial Parliament; and

(c) all questions before the Provincial Parliament are decided by a majority of the votes cast.

(2) The member presiding at a meeting of the Provincial Parliament 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 Provincial Parliament.

Permanent delegates' rights in Provincial Parliament

22. Permanent delegates to the National Council of Provinces may attend, and speak in, the Provincial Parliament and its committees, but may not vote. The Provincial Parliament may require a permanent delegate to attend the Provincial Parliament or its committees.

Powers of Provincial Parliament


(1) In exercising its legislative authority, the Provincial Parliament may—

(a) consider, pass, amend or reject any Bill before it; and

(b) initiate or prepare legislation, except money Bills.