Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/50



Chapter 6—Provinces

constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution.

Provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule 4.

A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law.

Composition and election of provincial legislatures

A provincial legislature consists of women and men elected as members in terms of an electoral system that —

is prescribed by national legislation; is based on that province’s segment of the national common voters roll; provides for a minimum voting age of 18 years; and results, in general, in proportional representation.

A provincial legislature consists of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation.

Membership

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except —

anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than —

the Premier and other members of the Executive Council of a province; and other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation;

members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council; unrehabilitated insolvents; anyone declared to be of unsound mind by a court of the Republic; or anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be