Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/43

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Government Gazette, 15 January 1998
No. 18596     43

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

Money Bills


(1) A Bill that appropriates money or imposes taxes, levies or duties is a money Bill. A money Bill may not deal with any other matter except a subordinate matter incidental to the appropriation of money or the imposition of taxes, levies or duties.

(2) A provincial Act must provide for a procedure by which the Provincial Parliament may amend a money Bill.

Assent to Bills


(1) The Premier of the Western Cape must within 45 days after a Bill has been passed by the Provincial Parliament—

(a) assent to and sign the Bill; or

(b) if the Premier has reservations about the constitutionality of the Bill, refer it back to the Provincial Parliament for reconsideration.

(2) If, after reconsideration, the Bill fully accommodates the Premier’s reservations, the Premier must, within 45 days of the date of that reconsideration, assent to and sign the Bill; if not, the Premier must, within 45 days of the date of that reconsideration—

(a) assent to and sign the Bill; or

(b) refer it to the Constitutional Court for a decision on its constitutionality.

(3) If the Constitutional Court decides that the Bill is constitutional, the Premier must assent to and sign it within 14 days.

Application by members to Constitutional Court


(1) Members of the Provincial Parliament may apply to the Constitutional Court for an order declaring that all or part of a provincial Act is unconstitutional.

(2) An application—

(a) must be supported by at least 20 per cent of the members of the Provincial Parliament; and

(b) must be made within 30 days of the date on which the Premier assented to and signed the Act.

Publication and commencement of provincial Acts


(1) A Bill assented to and signed by the Premier becomes an Act of the Western Cape. It must be published promptly in the official gazette of the Province and takes effect when it is published or on a date determined in terms of the Act.

(2) Provincial legislation must provide for the dissemination and further publication of particulars of provincial Acts.

Safekeeping of provincial Acts

34. The signed copy of an Act is conclusive evidence of its provisions. After publication, the Act must be entrusted to the Constitutional Court for safekeeping.