Chap 13:2

Question 1

Does the provincial gov have residual powers?

Answer 1

No, residual legislative power is vested in Central gov

Question 2

Discuss the provincial legislatures’ legislative power

Answer 2

They have 3 legislative powers
-section 104 of the Const

1. Power adopt a provincial Constitution - sec 104 (1)(a)
2. Power pass legislation for its province regarding any matter in schedule 4 &5 sec 104 (1)(b) I) & ii) & discuss iii) & iv)
3. Power to assign powers to local gov/ municipal council- sec 104 (1) (c)

Question 3

Can the national gov unilaterally change the legislative powers of the provinces?

Answer 3

No
In terms of section 104 of the Constitution, the legislative authority of the provincial legislature is constitutionally entrenched. This means that the provincial legislative authority is constitutionally protected & regulated

Therefore, neither the national gov nor provincial government may limit the other legislative powers of other spheres of gov or assume or exercise power outside of the powers granted to each sphere of gov by the Const

Question 4

Does the Constitution provide for concurrent & exclusive competencies?

Answer 4

Schedule 4 and 5 of the Constitution provide for the concurrent and exclusive competencies between the national & provincial legislatures

Question 5

Can the national gov pass legislation in respect of exclusive provincial matters?

Answer 5

No, schedule 5 governs the functional area of exclusive provincial competence which means that if the national gov passes legislation in this regard, according to schedule 5, that legislation will be unconstitutional & invalid.

Question 6

Can Parliament intervene in provincial affairs?

Answer 6

Sec 44(2) Parliament has the power to intervene in provincial affairs & can in certain circumstances, legislate for the provinces

Question 7

The provincial legislative process

Answer 7

Sec 119- intro of bills, who can introduce bills

Sec 120- Money Bills

Who can assent to Bills in a province? - 121 The Premier

Question 8

Application by members to CC for an order declaring all or part of provincial Act is unconstitutional

Answer 8

Section 122(1)

Their application support 122 (2)(a)(b)
PG 426

Question 9

Publication of provincial Act?

Answer 9

Sec 123

Question 10

Safe keeping of provincial acts

Answer 10

Section 124

Question 11

Who is the executive authority of a province vested in?

Answer 11

The premier section 125(1)

Question 12

The assignment of functions?

Answer 12

Sec 126 read

Question 13

Powers & functions of Premiers

Answer 13

Section 127 pg 430

Question 14

Elections of premiers

Answer 14

Sec 128

Question 15

Transfer of function

Answer 15

Section 137

Question 16

Provincial Constitution

Answer 16

Section 104(1)(a) vests the provincial legislature w the power to adopt a provincial Constitution.

Passing of provincial Constitution - 142 & the members required

Contents of provincial constitution 143

Certification of provincial Constitutions- 144

Signing & publication & safekeeping of provincial const- sec 145(1) NB!!!

Question 17

Can the provincial constitution include BoR for the province

Answer 17

Yes but BoR must be consistent with the Constitution of RSA 1996

The provincial BoR in the Provincial Constitution- may provide for more rights than its national counterpart( the const) but may not limit/take away rights of the FC