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

Chapter 6 : Provinces

Provincial Legislatures

104. 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.