PBL: CHAPTER 13 - PROVINCIAL GOVERNMENT
• *There is a provincial sphere of gov (S40 of consti) -> the other 2 spheres are national and local gov
• The legislative authority (LA) of the provincial sphere is vested in the provincial legislatures (PL) as set out
in S104 of the consti
The provinces:
• Before 1994 -> there were 4 provinces
• After 1994 -> there are 9 provinces (they are protected in S103 of the consti)
Inquire into the composition and election of provincial legislature:
• Note. The C+E of the PL is the exact same as the C+E of the NA in S46
• The membership reqs for the PL (S106) is the same as it is fot the NA ito S47
o only citizens who qualify to vote for the NA are eligible to become a member of a PL, unless they
fall within the ambit of the disqualifications mentioned in S106 of the consti
o The following people are disqualified from becoming a member of a PL:
§ anyone who is appointed by the state, is in the service of the state, and receives
remuneration for that appointment or service (this EXCLUDES the premier and other
members of the Exec Council of a province)
§ members of the NA, permanent delegates to the NCoP or members of a municipal
council
§ unrehabilitated insolvents
§ anyone declared to be of unsound mind by a court of the republic
26
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, § anyone convicted of an offence and sentenced to more than 12 months’ imprisonment
without the option of a fine (this disqualification ends 5 years after the sentence has
been completed)
What is the term of a PL:
• same as term of NA in S49
Identify the 3 spheres of gov in SA:
• S40 says there are 3 spheres of gov -> national, provincial, local
Inquire whether the boundaries of the 9 provincial govs can be altered:
• In order to alter a border of a province, a constitutional amendment Bill (specifically a S74(3) Bill) must be
introduced as the borders are determined by Schedule 1A of the consti
• The proposed adjustment must first obtain two-thirds support in the PL (the PL of the province that
wants to change its boundaries)
• Thereafter, the proposal can be sent to parli
• In parli -> in acc w S73(3) of the consti, for such an amendment to be achieved a supporting vote of two-
thirds majority in the NA and a supporting vote with at least 6 of the 9 provinces in the NCoP is needed
• However, according to S74(8), if a Bill referred to in S74(3)(b) or any part of the Bill, concerns a specific
province or provinces, the NCoP may not pass the bill until it has been approved by the legislature or
legislatures of the province or provinces concerned. This is because, when a boundary is changed, two
provinces are affected (one will gain territory and one will lose territory)
• this means that consti amendment may not be passed in NCoP unless boundary alteration has been
approved by legislature of province concerned in acc w S74(8) of consti
• Merafong demarcation forum case -> CC held that provinces have been given powers to veto any change
to their boundaries
Inquire whether a provincial gov can change its name:
S140(2) ->
27
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
• *There is a provincial sphere of gov (S40 of consti) -> the other 2 spheres are national and local gov
• The legislative authority (LA) of the provincial sphere is vested in the provincial legislatures (PL) as set out
in S104 of the consti
The provinces:
• Before 1994 -> there were 4 provinces
• After 1994 -> there are 9 provinces (they are protected in S103 of the consti)
Inquire into the composition and election of provincial legislature:
• Note. The C+E of the PL is the exact same as the C+E of the NA in S46
• The membership reqs for the PL (S106) is the same as it is fot the NA ito S47
o only citizens who qualify to vote for the NA are eligible to become a member of a PL, unless they
fall within the ambit of the disqualifications mentioned in S106 of the consti
o The following people are disqualified from becoming a member of a PL:
§ anyone who is appointed by the state, is in the service of the state, and receives
remuneration for that appointment or service (this EXCLUDES the premier and other
members of the Exec Council of a province)
§ members of the NA, permanent delegates to the NCoP or members of a municipal
council
§ unrehabilitated insolvents
§ anyone declared to be of unsound mind by a court of the republic
26
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
, § anyone convicted of an offence and sentenced to more than 12 months’ imprisonment
without the option of a fine (this disqualification ends 5 years after the sentence has
been completed)
What is the term of a PL:
• same as term of NA in S49
Identify the 3 spheres of gov in SA:
• S40 says there are 3 spheres of gov -> national, provincial, local
Inquire whether the boundaries of the 9 provincial govs can be altered:
• In order to alter a border of a province, a constitutional amendment Bill (specifically a S74(3) Bill) must be
introduced as the borders are determined by Schedule 1A of the consti
• The proposed adjustment must first obtain two-thirds support in the PL (the PL of the province that
wants to change its boundaries)
• Thereafter, the proposal can be sent to parli
• In parli -> in acc w S73(3) of the consti, for such an amendment to be achieved a supporting vote of two-
thirds majority in the NA and a supporting vote with at least 6 of the 9 provinces in the NCoP is needed
• However, according to S74(8), if a Bill referred to in S74(3)(b) or any part of the Bill, concerns a specific
province or provinces, the NCoP may not pass the bill until it has been approved by the legislature or
legislatures of the province or provinces concerned. This is because, when a boundary is changed, two
provinces are affected (one will gain territory and one will lose territory)
• this means that consti amendment may not be passed in NCoP unless boundary alteration has been
approved by legislature of province concerned in acc w S74(8) of consti
• Merafong demarcation forum case -> CC held that provinces have been given powers to veto any change
to their boundaries
Inquire whether a provincial gov can change its name:
S140(2) ->
27
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
