Sec 40s Flashcards
Sec 40
(1) In the Republic, government is constituted as national, provincial and local spheres
of government which are distinctive, interdependent and interrelated.
(2) All spheres of government must observe and adhere to the principles in this Chapter and must conduct their activities within the parameters that the Chapter provides.
Sec 42
(1) Parliament consists of—
(a) the National Assembly; and
(b) the National Council of Provinces.
(2) The National Assembly and the National Council of Provinces participate in the legislative process in the manner set out in the Constitution.
Sec 43
In the Republic, the legislative authority
(a) of the national sphere of government is vested in Parliament, as set out in section 44
(b) of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104
(c) of the local sphere of government is vested in the Municipal Councils, as set out in section 156.
Sec 44(1)(a)
The national legislative authority as vested in Parliament—
(a) confers on the National Assembly the power—
(i) to amend the Constitution
(ii) to pass legislation with regard to any matter, including a matter within a
functional area listed in Schedule 4, but excluding, subject to subsection
(2), a matter within a functional area listed in Schedule 5; and
(ii) to assign any of its legislative powers, except the power to amend the
Constitution, to any legislative body in another sphere of government
Sec 44(1)(b)
Confers on the National Council of Provinces the power—
(i) to participate in amending the Constitution in accordance with section
74
(ii)to pass, in accordance with section 76, legislation with regard to any
matter within a functional area listed in Schedule 4 and any other matter
required by the Constitution to be passed in accordance with section 76
(iii)to consider, in accordance with section 75, any other legislation passed
by the National Assembly.
Sec 44(2)
Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in Schedule 5, when it
is necessary—
(a) to maintain national security;
(b) to maintain economic unity;
(c) to maintain essential national standards
(d) to establish minimum standards required for the rendering of services
(e) to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.
Sec 46
(1) The National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that—
(a) is prescribed by national legislation;
(b) is based on the national common voters roll;
(c) provides for a minimum voting age of 18 years; and
(d) results, in general, in proportional representation.
Sec 47:
(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, 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 President, Deputy President, Ministers and Deputy Ministers; and
(ii) other office-bearers whose functions are compatible with the functions
of a member of the Assembly, and have been declared compatible with
those functions by national legislation;
(b) permanent delegates to the National Council of Provinces or members of a
provincial legislature or a Municipal Council
(c) unrehabilitated insolvents;
(d) anyone declared to be of unsound mind by a court of the Republic;
Sec 49
Duration of National Assembly
(1)The National Assembly is elected for a term of five years.
If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation must call and set dates for an election, which must be held within 90 days of the date the Assembly 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 the National Assembly.
