Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/60

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 6—Provinces

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steps required to meet its obligations; and

(b)

assuming responsibility for the relevant obligation in that municipality to the extent necessary —

(i)

to maintain essential national standards or meet established minimum standards for the rendering of a service;

(ii)

to prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or

(iii)

to maintain economic unity.

(2)

If a provincial executive intervenes in a municipality in terms of subsection (1)(b) —

(a)

the intervention must end unless it is approved by the Cabinet member responsible for local government affairs within 14 days of the intervention;

(b)

notice of the intervention must be tabled in the provincial legislature and in the National Council of Provinces within 14 days of their respective first sittings after the intervention began;

(c)

the intervention must end unless it is approved by the Council within 30 days of its first sitting after the intervention began; and

(d)

the Council must review the intervention regularly and make any appropriate recommendations to the provincial executive.

(3)

National legislation may regulate the process established by this section.

Executive decisions

140.

(1)

A decision by the Premier of a province must be in writing if it —

(a)

is taken in terms of legislation; or

(b)

has legal consequences.

(2)

A written decision by the Premier must be countersigned by another Executive Council member if that decision concerns a function assigned to that other member.

(3)

Proclamations, regulations and other instruments of subordinate legislation of a province must be accessible to the public.

(4)

Provincial legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be —

(a)

tabled in the provincial legislature; and

(b)

approved by the provincial legislature.

Motions of no confidence

141.

(1)

If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the province’s Executive Council excluding the Premier, the Premier must reconstitute the Council.