Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/52



Chapter 6—Provinces

An Acting Premier must dissolve the provincial legislature if —

there is a vacancy in the office of Premier; and the legislature fails to elect a new Premier within 30 days after the vacancy occurred.

Sittings and recess periods

After an election, the first sitting of a provincial legislature must take place at a time and on a date determined by a judge designated by the President of the Constitutional Court, but not more than 14 days after the election result has been declared. A provincial legislature may determine the time and duration of its other sittings and its recess periods.

The Premier of a province may summon the provincial legislature to an extraordinary sitting at any time to conduct special business.

A provincial legislature may determine where it ordinarily will sit.

Speakers and Deputy Speakers

At the first sitting after its election, or when necessary to fill a vacancy, a provincial legislature must elect a Speaker and a Deputy Speaker from among its members.

A judge designated by the President of the Constitutional Court must preside over the election of a Speaker. The Speaker presides over the election of a Deputy Speaker.

The procedure set out in Part A of Schedule 3  applies to the election of Speakers and Deputy Speakers.

A provincial legislature may remove its Speaker or Deputy Speaker from office by resolution. A majority of the members of the legislature must be present when the resolution is adopted.

In terms of its rules and orders, a provincial legislature may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker.

Decisions

Except where the Constitution provides otherwise —

a majority of the members of a provincial legislature must be present before a vote may be taken on a Bill or an amendment to a Bill; at least one third of the members must be present before a vote may be taken on any other question before the legislature; and all questions before a provincial legislature are decided by a majority of the votes cast.

The member presiding at a meeting of a provincial legislature has no deliberative vote, but —

must cast a deciding vote when there is an equal number of votes on each side of a question; and