Sec 100s Flashcards
Sec 103
(1) Names
(2) Boundaries
Sec 104
(2) The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request Parliament to change the name of that province.
Sec 105
Composition and Election
A 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.
Sec 106: Membership
Membership
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
(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;
Sec 108:
Duration of provincial legislatures
(1) A provincial legislature is elected for a term of five years.
(2)If a provincial legislature is dissolved in terms of section 109, or when its term
expires, the Premier of the province, by proclamation, must call and set dates
for an election, which must be held within 90 days of the date the legislature was dissolved or its term expired. A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of a provincial
legislature.
Sec 109: Dissolution of provincial legislatures before expiry of term
(1)The Premier of a province must dissolve the provincial legislature if—
(a) the legislature has adopted a resolution to dissolve with a supporting vote of a majority of its members; and
(b) three years have passed since the legislature was elected.
(2) An Acting Premier must dissolve the provincial legislature if—
(a) there is a vacancy in the office of Premier; and
(b) the legislature fails to elect a new Premier within 30 days after the vacancy occurred.