Sec 120s Flashcards
Sec 120: Money Bills
Sec 121: Assent to Bills
Sec 122: Application by members to Constitutional Court
(1) Members of a provincial legislature may apply to the Constitutional Court for an order declaring that all or part of a provincial Act is unconstitutional.
(2) An application—
(a) must be supported by at least 20 per cent of the members of the legislature
(b) must be made within 30 days of the date on which the Premier assented to
and signed the Act
Sec 123: Publication of provincial Acts
A Bill assented to and signed by the Premier of a province becomes a provincial Act, must
be published promptly and takes effect when published or on a date determined in terms
of the Act.
Sec 124: Safekeeping of provincial Acts
The signed copy of a provincial Act is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.
Sec 127: Powers and functions of Premiers
The Premier of a province has the powers and functions entrusted to that office by the Constitution and any legislation.
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
(f) calling a referendum in the province in accordance with national legislation.
Sec 128: Election of Premiers
(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 Chief Justice 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.
Sec 129: Assumption of office by Premiers
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.
