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

Chapter 6 – Provinces

Conflicting Laws

147. 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.