Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/50

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 6—Provinces

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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.

Composition and election of provincial legislatures

105.

(1)

A provincial legislature consists of women and men elected as members in terms of an electoral system that —

(a)

is prescribed by national legislation;

(b)

is based on that province’s segment of the national common voters roll;

(c)

provides for a minimum voting age of 18 years; and

(d)

results, in general, in proportional representation.

(2)

A provincial legislature consists of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation.

Membership

106.

(1)

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except —

(a)

anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than —

(i)

the Premier and other members of the Executive Council of a province; and

(ii)

other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation;

(b)

members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council;

(c)

unrehabilitated insolvents;

(d)

anyone declared to be of unsound mind by a court of the Republic; or

(e)

anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be