Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/57

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 6—Provinces

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Assignment of functions

126.

A member of the Executive Council of a province may assign any power or function that is to be exercised or performed in terms of an Act of Parliament or a provincial Act, to a Municipal Council. An assignment —

(a)

must be in terms of an agreement between the relevant Executive Council member and the Municipal Council;

(b)

must be consistent with the Act in terms of which the relevant power or function is exercised or performed; and

(c)

takes effect upon proclamation by the Premier.

Powers and functions of Premiers

127.

(1)

The Premier of a province has the powers and functions entrusted to that office by the Constitution and any legislation.

(2)

The Premier of a province is responsible for —

(a)

assenting to and signing Bills;

(b)

referring a Bill back to the provincial legislature for reconsideration of the Bill’s constitutionality;

(c)

referring a Bill to the Constitutional Court for a decision on the Bill’s constitutionality;

(d)

summoning the legislature to an extraordinary sitting to conduct special business;

(e)

appointing commissions of inquiry; and

(f)

calling a referendum in the province in accordance with national legislation.

Election of Premiers

128.

(1)

At its first sitting after its election, and whenever necessary to fill a vacancy, a provincial legislature must elect a woman or a man from among its members to be the Premier of the province.

(2)

A judge designated by the President of the Constitutional Court must preside over the election of the Premier. The procedure set out in Part A of Schedule 3 applies to the election of the Premier.

(3)

An election to fill a vacancy in the office of Premier must be held at a time and on a date determined by the President of the Constitutional Court, but not later than 30 days after the vacancy occurs.

Assumption of office by Premiers

129.

A Premier-elect must assume office within five days of being elected, by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Term of office and removal of Premiers

130.

(1)

A Premier’s term of office begins when the Premier assumes office and ends upon a vacancy occurring or when the person next elected Premier assumes office.