Sec 140s

Question 1

Sec 141: Motion of no confidence

Answer 1

(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.
(2) If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the Premier, the Premier and the other members of the Executive Council must resign.

Question 2

Sec 142:
Adoption of provincial

Answer 2

A provincial legislature may pass a constitution for the province or, where applicable, amend its constitution, if at least two thirds of its members vote in favor of the Bill.

Question 3

Sec 143:
Contents of provincial constitutions

Answer 3

(1)A provincial constitution, or constitutional amendment, must not be inconsistent
with this Constitution, but may provide for—
(a) provincial legislative or executive structures and procedures that differ from those provided for in this Chapter
(b) the institution, role, authority and status of a traditional monarch,
where applicable.
Provisions included in a provincial constitution or constitutional amendment in
terms of paragraphs (a) or (b) of subsection (1)—
(a) must comply with the values in section 1 and with Chapter 3; and
(b) may not confer on the province any power or function that falls—
(i)outside the area of provincial competence in terms of Schedules 4 and 5
(ii) outside the powers and functions conferred on the province by other
sections of the Constitution.

Question 3

Sec 144: Certification of provincial constitutions

Answer 3

1) If a provincial legislature has passed or amended a constitution, the Speaker of the legislature must submit the text of the constitution or constitutional amendment to the Constitutional Court for certification.
(2) No text of a provincial constitution or constitutional amendment becomes law until the Constitutional Court has certified—
(a) that the text has been passed in accordance with section 142; and
(b) that the whole text complies with section 143.

Question 4

Sec 146: Conflicts between national and provincial legislation

Answer 4

(3) The national legislation is necessary for—
(i) the maintenance of national security
(vi)
(3)
(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.

Question 4

Sec 145: Signing, publication and safekeeping of provincial constitutions

Answer 4

(1) The Premier of a province must assent to and sign the text of a provincial constitution or constitutional amendment that has been certified by the Constitutional Court.
(2) The text assented to and signed by the Premier must be published in the national Government Gazette and takes effect on 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.

Question 5

Sec 147: Other conflicts

Answer 5

1)If there is a conflict between national legislation and a provision of a provincial constitution with regard to—
(a) a matter concerning which this Constitution specifically requires
or envisages the enactment of national legislation, the national legislation
prevails over the affected provision of the provincial constitution;
(b) national legislative intervention in terms of section 44 (2), the national
legislation prevails over the provision of the provincial constitution; or
(c) a matter within a functional area listed in Schedule 4, section 146 applies as if the affected provision of the provincial constitution were provincial legislation referred to in that section.
(2) National legislation referred to in section 44(2) prevails over provincial legislation in respect of matters within the functional areas listed in Schedule 5

Question 6

Sec 148: Conflicts that cannot be resolved

Answer 6

If a dispute concerning a conflict cannot be resolved by a court, the national legislation prevails over the provincial legislation or provincial constitution.

Question 7

Sec 149: Status of legislation that does not prevail

Answer 7

A decision by a court that legislation prevails over other legislation does not invalidate that other legislation, but that other legislation becomes inoperative for as long as the conflict
remains.