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

Chapter 4 - Parliament

44. National legislative authority

 

 

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.