Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/62

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 6—Provinces

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publication or on a later date determined in terms of that constitution or amendment.

(3)

The signed text of a provincial constitution or constitutional amendment is conclusive evidence of its provisions and, after publication, must be entrusted to the Constitutional Court for safekeeping.

Conflicting Laws

Conflicts between national and provincial legislation

146.

(1)

This section applies to a conflict between national legislation and provincial legislation falling within a functional area listed in Schedule 4.

(2)

National legislation that applies uniformly with regard to the country as a whole prevails over provincial legislation if any of the following conditions is met:

(a)

The national legislation deals with a matter that cannot be regulated effectively by legislation enacted by the respective provinces individually.

(b)

The national legislation deals with a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity by establishing —

(i)

norms and standards;

(ii)

frameworks; or

(iii)

national policies.

(c)

The national legislation is necessary for —

(i)

the maintenance of national security;

(ii)

the maintenance of economic unity;

(iii)

the protection of the common market in respect of the mobility of goods, services, capital and labour;

(iv)

the promotion of economic activities across provincial boundaries;

(v)

the promotion of equal opportunity or equal access to government services; or

(vi)

the protection of the environment.

(3)

National legislation prevails over provincial legislation if the national legislation is aimed at preventing unreasonable action by a province that —

(a)

is prejudicial to the economic, health or security interests of another province or the country as a whole; or

(b)

impedes the implementation of national economic policy.

(4)

When there is a dispute concerning whether national legislation is necessary for a purpose set out in subsection (2)(c) and that dispute comes before a court for resolution, the court must have due regard to the approval or the rejection of the legislation by the National Council of Provinces.