South Africa Act, 1909/1926-02-10

as amended by

Exchequer and Audit Act, No. 21 of 1911

Appellate Division Act, No. 12 of 1920

South Africa Act, 1909, Amendment Act, No. 9 of 1925

South Africa Act, 1909, Further Amendment Act, No. 34 of 1925

Local Government (Provincial Powers) Act, No. 1 of 1926

85. Subject to the provisions of this Act and the assent of the Governor-General-in-Council as hereinafter provided, the provincial council may make ordinances in relation to matters coming within the following classes of subjects (that is to say):―

Direct taxation within the province in order to raise a revenue for provincial purposes: The borrowing of money on the sole credit of the province with the consent of the Governor-General-in-Council and in accordance with regulations to be framed by Parliament: Education, other than higher education, for a period of five years and thereafter until Parliament otherwise provides: Agriculture to the extent and subject to the conditions to be defined by Parliament: The establishment, maintenance, and management of hospitals and charitable institutions: Municipal institutions, divisional councils, and other local institutions having authority and functions in any area in respect of the local government of, or the preservation of public health in, that area, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919):

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 Parliament 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: The imposition of punishment by fine, penalty, 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 Governor-General-in-Council, are of a merely local or private nature in the province: All other subjects in respect of which Parliament shall by any law delegate the power of making ordinances to the provincial council.