Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 4 : Parliament

44. National legislative authority
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(1)The national legislative authority as vested in Parliament—
(a)confers on the National Assembly the power—
(i)to amend the Constitution;
(ii)to pass legislation with regard to any matter, including a matter within a functional area listed in Schedule 4, but excluding, subject to subsection (2), a matter within a functional area listed in Schedule 5; and
(iii)to assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another sphere of government; and
(b)confers on the National Council of Provinces the power—
(i)to participate in amending the Constitution in accordance with section 74;
(ii)to pass, in accordance with section 76, legislation with regard to any matter within a functional area listed in Schedule 4 and any other matter required by the Constitution to be passed in accordance with section 76; and
(iii)to consider, in accordance with section 75, any other legislation passed by the National Assembly.

 

(2)Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in Schedule 5, when it is necessary—
(a)to maintain national security;
(b)to maintain economic unity;
(c)to maintain essential national standards;
(d)to establish minimum standards required for the rendering of services; or
(e)to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.

 

(3)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.

 

(4)When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution.