Chapter 6
Provinces
This chapter sets out the makeup of provincial legislatures and executives and their powers. It also sets out the areas over which both the national government and the provincial government may make laws and states what happens if these laws contradict each other. This chapter also deals with the drafting of provincial constitutions.
South Africa has nine provinces:
- Eastern Cape
- Free State
- Gauteng
- KwaZulu - Natal
- Mpumalanga
- Northern Cape
- North West
- Western Cape
- Limpopo
This chapter provides for each province to have its own legislature of between 30 and 80 members, voted into office for one term of five years. At its first sitting, the provincial legislature must elect a premier who is responsible for appointing 5 – 10 members to an Executive Council. The executive authority rests with the Executive Council which has the power, for example, to implement provincial and national legislation, and develop provincial policy.
In addition, provinces may draw up their own constitutions, provided these do not conflict with the national Constitution. These constitutions must be certified by the Constitutional Court.
In the event of conflict between national and provincial legislation, the authority of national legislation prevails but a number of steps are prescribed to enable disputes to be settled.
