Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/55



Chapter 6—Provinces Money Bills

A Bill that appropriates money or imposes taxes, levies or duties is a money Bill. A money Bill may not deal with any other matter except a subordinate matter incidental to the appropriation of money or the imposition of taxes, levies or duties.

A provincial Act must provide for a procedure by which the province’s legislature may amend a money Bill.

Assent to Bills

The Premier of a province must either assent to and sign a Bill passed by the provincial legislature in terms of this Chapter or, if the Premier has reservations about the constitutionality of the Bill, refer it back to the legislature for reconsideration.

If, after reconsideration, a Bill fully accommodates the Premier’s reservations, the Premier must assent to and sign the Bill; if not, the Premier must either —

assent to and sign the Bill; or refer it to the Constitutional Court for a decision on its constitutionality.

If the Constitutional Court decides that the Bill is constitutional, the Premier must assent to and sign it.

Application by members to Constitutional Court

Members of a provincial legislature may apply to the Constitutional Court for an order declaring that all or part of a provincial Act is unconstitutional.

An application —

must be supported by at least 20 per cent of the members of the legislature; and must be made within 30 days of the date on which the Premier assented to and signed the Act.

The Constitutional Court may order that all or part of an Act that is the subject of an application in terms of subsection (1) has no force until the Court has decided the application if —

the interests of justice require this; and the application has a reasonable prospect of success.

If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs.

Publication of provincial Acts

A Bill assented to and signed by the Premier of a province becomes a provincial Act, must be published promptly and takes effect when published or on a date determined in terms of the Act.