Basic Conditions of Employment Act, 1997
R 385
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 6 : ProvincesConflicting Laws147. Other conflicts |
| (1) | If there is a conflict between national legislation and a provision of a provincial constitution with regard to— |
| (a) | a matter concerning which this Constitution specifically requires or envisages the enactment of national legislation, the national legislation prevails over the affected provision of the provincial constitution; |
| (b) | national legislative intervention in terms of section 44(2), the national legislation prevails over the provision of the provincial constitution; or |
| (c) | a matter within a functional area listed in Schedule 4, section 146 applies as if the affected provision of the provincial constitution were provincial legislation referred to in that section. |
| (2) | National legislation referred to in section 44(2) prevails over provincial legislation in respect of matters within the functional areas listed in Schedule 5. |
