Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/61



Chapter 6—Provinces

If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the Premier, the Premier and the other members of the Executive Council must resign.

Adoption of provincial constitutions

A provincial legislature may pass a constitution for the province or, where applicable, amend its constitution, if at least two thirds of its members vote in favour of the Bill.

Contents of provincial constitutions

A provincial constitution, or constitutional amendment, must not be inconsistent with this Constitution, but may provide for —

provincial legislative or executive structures and procedures that differ from those provided for in this Chapter; or the institution, role, authority and status of a traditional monarch, where applicable.

Provisions included in a provincial constitution or constitutional amendment in terms of paragraphs (a) or (b) of subsection (1) —

must comply with the values in section 1  and with  Chapter 3  ; and may not confer on the province any power or function that falls —

outside the area of provincial competence in terms of Schedules 4  and  5  ; or outside the powers and functions conferred on the province by other sections of the Constitution.

Certification of provincial constitutions

If a provincial legislature has passed or amended a constitution, the Speaker of the legislature must submit the text of the constitution or constitutional amendment to the Constitutional Court for certification.

No text of a provincial constitution or constitutional amendment becomes law until the Constitutional Court has certified —

that the text has been passed in accordance with section 142  ; and that the whole text complies with section 143.

Signing, publication and safekeeping of provincial constitutions

The Premier of a province must assent to and sign the text of a provincial constitution or constitutional amendment that has been certified by the Constitutional Court.

The text assented to and signed by the Premier must be published in the national Government Gazette and takes effect on