Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/48

94   No. 15466

135. (1) A provincial legislature shall have full power to control, regulate and dispose of its internal affairs and shall have all such other powers, privileges and immunities as may, subject to this Constitution, be prescribed by a law of such legislature.

(2) Subject to the rules and orders of a provincial legislature there shall be freedom of speech and debate in or before such legislature and any committee thereof, and such freedom shall not be impeached or questioned in any court.

(3) A member of a provincial legislature shall not be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of anything which he or she has said, produced or submitted in or before or to such legislature or any committee thereof or by reason of anything which may have been revealed as a result of what he or she has said, produced or submitted in or before or to such legislature or any committee thereof.

(4) There shall be paid out of and as a charge on the Provincial Revenue Fund of a province to a member of the legislature of that province such salary and allowances, and upon his or her retirement, or to his or her widow or widower upon his or her death, such pension and pension benefits, as may be prescribed by a law of the provincial legislature.

Penalty for sitting or voting when disqualified

136. Any person who in terms of this Constitution is disqualified to sit as a member of a provincial legislature and who, while so disqualified and knowing that he or she is so disqualified, sits or votes as such a member, shall be liable to a penalty determined by the rules and orders for each day on which he or she so sits or votes, which may be recovered for credit of the Provincial Revenue Fund concerned by action in a court of law.

Rules and orders

137. (1) A provincial legislature may make rules and orders in connection with the conduct of its business and proceedings.

(2) The provisions of section 58  shall apply mutatis mutandis in respect of a provincial legislature.

Quorum

138. The presence of at least one third or, when a vote is taken on a Bill, of at least one half of all the members of the provincial legislature other than the Speaker or other presiding member, shall be necessary to constitute a sitting of such legislature.

Requisite majorities

139. Save where otherwise required in this Constitution, all questions before a provincial legislature shall be determined by a majority of votes cast.

Assent to Bills

140. (1) A Bill duly passed by a provincial legislature in accordance with this Constitution shall be assented to by the Premier of the province subject to section 147  (1)(b).

(2) A Bill referred to in subsection (1) to which the Premier has assented and a copy of which he or she has signed, shall upon its promulgation be a law of the provincial legislature in question.

Signature and enrolment of provincial laws

141. (1) A law of a provincial legislature referred to in section 140  (2) shall be enrolled of record in the office of the Registrar of the Appellate Division of the