Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/60



Chapter 6—Provinces

steps required to meet its obligations; and assuming responsibility for the relevant obligation in that municipality to the extent necessary —

to maintain essential national standards or meet established minimum standards for the rendering of a service; to prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or to maintain economic unity.

If a provincial executive intervenes in a municipality in terms of subsection (1)(b) —

the intervention must end unless it is approved by the Cabinet member responsible for local government affairs within 14 days of the intervention; notice of the intervention must be tabled in the provincial legislature and in the National Council of Provinces within 14 days of their respective first sittings after the intervention began; the intervention must end unless it is approved by the Council within 30 days of its first sitting after the intervention began; and the Council must review the intervention regularly and make any appropriate recommendations to the provincial executive.

National legislation may regulate the process established by this section.

Executive decisions

A decision by the Premier of a province must be in writing if it —

is taken in terms of legislation; or has legal consequences.

A written decision by the Premier must be countersigned by another Executive Council member if that decision concerns a function assigned to that other member.

Proclamations, regulations and other instruments of subordinate legislation of a province must be accessible to the public.

Provincial legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be —

tabled in the provincial legislature; and approved by the provincial legislature.

Motions of no confidence

If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the province’s Executive Council excluding the Premier, the Premier must reconstitute the Council.