Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/34



Chapter 4—Parliament

election of the Chairperson and the Deputy Chairpersons.

The National Council of Provinces may remove the Chairperson or a Deputy Chairperson from office.

In terms of its rules and orders, the National Council of Provinces may elect from among the delegates other presiding officers to assist the Chairperson and Deputy Chairpersons.

Decisions

Except where the Constitution provides otherwise —

each province has one vote, which is cast on behalf of the province by the head of its delegation; and all questions before the National Council of Provinces are agreed when at least five provinces vote in favour of the question.

An Act of Parliament, enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76 , must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf.

Participation by members of national executive

Cabinet members and Deputy Ministers may attend, and may speak in, the National Council of Provinces, but may not vote.

The National Council of Provinces may require a Cabinet member, a Deputy Minister or an official in the national executive or a provincial executive to attend a meeting of the Council or a committee of the Council.

Participation by local government representatives

Not more than ten part-time representatives designated by organised local government in terms of section 163 , to represent the different categories of municipalities, may participate when necessary in the proceedings of the National Council of Provinces, but may not vote.

Powers of National Council

In exercising its legislative power, the National Council of Provinces may —

consider, pass, amend, propose amendments to or reject any legislation before the Council, in accordance with this Chapter; and initiate or prepare legislation falling within a functional area listed in Schedule 4  or other legislation referred to in  section 76  (3), but may not initiate or prepare money Bills.

Evidence or information before National Council

The National Council of Provinces or any of its committees may —

summon any person to appear before it to give evidence on