Republic of South Africa Constitution Act, 1961/1983-07-06

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

Provincial Affairs Act, No. 88 of 1983

84. (1) Subject to the provisions of this Act, the Financial Relations Consolidation and Amendment Act, 1945 (Act No. 38 of 1945), and the assent of the State President as hereinafter provided, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely―

direct taxation within the province in order to raise revenue for provincial purposes; the borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by the House of Assembly;

education, other than higher education, education for Coloured persons as defined in section one of the Coloured Persons Education Act, 1963, education for Indians as defined in section one of the Indians Education Act, 1965, and Black education, until Parliament otherwise provides;

agriculture to the extent and subject to the conditions defined by Parliament; the establishment, maintenance and management of hospitals and charitable institutions; municipal institutions, divisional councils and other local institutions of a similar nature; any institutions or bodies other than such institutions as are referred to in sub-paragraph (i), which have in respect of any one or more areas (whether contiguous or not) situated outside the area of jurisdiction of any such institution as is referred to in sub-paragraph (i), authority and functions similar to the authority and functions of such institutions as are referred to in the said sub-paragraph, or authority and functions in respect of the preservation of public health in any such area or areas, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919);

the assistance which a province may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa or to any institution or body contemplated in paragraph (f) and established in any other province;

the assistance which any institution or body contemplated in paragraph (f) may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa;

the assistance regarding civil defence which any institution or body contemplated in paragraph (f) may, with the approval of the administrator concerned, render to any such institution or body established in any other province, and the assistance which any institution or body so contemplated may with such approval render for the relief of the distress of persons who are or will be affected by an event declared to be a disaster under section 26 of the Fund-raising Act, 1978 (Act No. 107 of 1978);

local works and undertakings within the province, other than railways and harbours, and other than such works as extend beyond the borders of the province and subject to the power of the House of Assembly to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;

roads, outspans, ponts and bridges, other than bridges connecting two provinces; markets and pounds; fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940 (Act No. 10 of 1940); the imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section; generally all matters which, in the opinion of the State President are of a merely local or private nature in the province; all other subjects in respect of which Parliament may by law delegate the power of making ordinances to the provincial council.

(2) An ordinance passed by a provincial council in relation to any matter referred to in paragraph (f) of subsection (1) may provide―

for the appointment by the administrator of the province concerned, or any specified authority, of the members or any number of the members of any institution or body contemplated in that paragraph; for the area of jurisdiction of an institution contemplated in subparagraph (i) of that paragraph to comprise one or more areas (whether contiguous or not).