Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 6 : ProvincesProvincial Legislatures104. Legislative authority of provinces |
| (1) | The legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power: |
| (a) | to pass a constitution for its province or to amend any constitution passed by it in terms of sections 142 and 143; |
| (b) | to pass legislation for its province with regard to— |
| (i) | any matter within a functional area listed in Schedule 4; |
| (ii) | any matter within a functional area listed in Schedule 5; |
| (iii) | any matter outside those functional areas, and that is expressly assigned to the province by national legislation; and |
| (iv) | any matter for which a provision of the Constitution envisages the enactment of provincial legislation; and |
| (c) | to assign any of its legislative powers to a Municipal Council in that province. |
| (2) | The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request Parliament to change the name of that province. |
| (3) | A provincial legislature is bound only by the Constitution and, if it has passed a constitution for its province, also by that constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution. |
| (4) | Provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule 4. |
| (5) | A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law. |