Provincial Government Act, 1986/1988-04-15

as amended by

Constitutional Laws Amendment Act, No. 32 of 1987

Constitutional Laws Amendment Act, No. 43 of 1988

5. (1) The provinces of the Republic as they existed immediately prior to the commencement of this Act shall remain in existence: Provided that the State President may, after consultation with the administrator or administrators concerned, for the purposes of this Act, by proclamation in the Gazette―

(2) The State President shall, when acting in terms of subsection (1), take into account―

(3) Before the State President issues a proclamation under subsection (1) he shall cause to be published in the Gazette a draft of the proposed proclamation together with a notice calling upon all interested persons to lodge any objections and representations in writing within a period of 21 days from the date of publication of the notice with the Secretary to Parliament for submission to a joint committee of Parliament contemplated in section 64 of the Constitution Act. [Sub-s. (3) substituted by s. 11 of Act No. 43 of 1988.]

(4) A proclamation contemplated in subsection (1) shall be issued only on the advice of the joint committee contemplated in subsection (3). [Sub-s. (4) substituted by s. 11 of Act No. 43 of 1988.]

14. (1) The administrator of a province shall attend to provincial matters, including such matters―

(2) The administrator of a province may―

(3) In regard to all matters in respect of which the executive committee of a province has no powers, the administrator shall act on behalf of the State President when required to do so, and in connection with such matters the administrator may act without reference to the other members of the executive committee.

(4) Where any law empowers an administrator or an administrator acting in consultation with the other members of the executive committee concerned to determine any rate, scale, tariff, fee or charge for the purposes of any revenue accruing to, or expenditure from, a provincial revenue fund, such determination shall as from 1 April 1987 be made by the administrator acting in consultation with the Minister of Finance, irrespective of the provisions of any law purporting to exempt the administrator from such requirement regarding consultation with the Minister of Finance.

15. (1) The State President may by proclamation in the Gazette assign the administration of any provision in any law which entrusts to a Minister referred to in section 20 (b) or (c) of the Constitution Act any power, duty or function, to the administrator of any province― [Sub-s. (1) amended by s. 13 (a) of Act No. 43 of 1988.]

(1A) The State President may by proclamation in the Gazette assign the administration of any provision in any law which he has assigned to an administrator under subsection (1), to a Minister referred to in section 20 (b) or (c) of the Constitution Act, either generally or in so far as such provision relates to any matter or any category of persons mentioned in such assignment. [Sub-s. (1A) inserted by s. 13 (b) of Act No. 43 of 1988.]

(1B) A Minister referred to in section 21 (1) of the Constitution Act may, notwithstanding the provisions of any other law but subject to directives of the State President, in writing authorize the administrator of a province to exercise or perform in general or in a particular case or in cases of a particular nature, on behalf of the minister, any power, duty or function conferred or imposed on the Minister by or in terms of any law. [Sub-s. (1B) inserted by s. 13 (b) of Act No. 43 of 1988.]

(2) The administrator of a province may in writing authorize― to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function―

except the power to issue proclamations or make regulations. [Sub-s. (2) substituted by s. 13 (c) of Act No. 43 of 1988.]

(3) The said administrator may similarly authorize any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), or approved by him, and any such institution or body so authorized may, with the approval of the administrator concerned, further so authorize a committee of its members or any person in its employ. [Sub-s. (3) substituted by s. 13 (d) of Act No. 43 of 1988.]

(4) Whenever the administration of a law or a provision of a law referred to― the provisions of section 10 (5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis as if that administrator, the provincial administration concerned, and an officer of that administration, were a Minister of State, the department of State controlled by him, and an officer in the public service, respectively. [Sub-s. (4) added by s. 31 of Act No. 32 of 1987 and substituted by s. 13 (e) of Act No. 43 of 1988.]