Theme 2:Chap 13-Provincial Gov

Question 1

What is the provincial government?

Answer 1

Is the level of government which exists between the national level of gov & the local level of gov

Question 2

Which section of the Constitution gives rise to the 3 levels of gov?

Answer 2

Section 40(1)

Question 3

Which section in the Const gives rise to the legislative authority of the Republic

Answer 3

Section 43 the legislative authority
A) national sphere- parliament set out in sec 44
B) provincial sphere- the provincial legislature- section 104

C) the local sphere - municipal courts - sec 156

Question 4

What are the reasons/advantages of the provincial level of gov?

Answer 4

1. Prevents a concentration of power @ a national level
2. Results in quicker decision-making on issues
3. Results more effective service delivery
4. Promotes the involvement & participation of the electorate

Question 5

What are the negatives of the provincial level of gov?

Answer 5

1. Results in a heavy financial burden or responsibility on the state in general
2. Creates conflict & disagreement between the different levels of gov
3. It results in the creation of different legal standards

Question 6

Does the Const protect/list the provinces?

Demacation of province

Answer 6

Yes
Section 103(1) of the Const names the provinces
Section 103(2) of the Const talks about the boundaries of provinces

Question 7

Describe the process of alternating the provincial boundar

Answer 7

1. To alter a provincial border, an amendment of the Const is required.
   -103(3)(a)- check
   -Such a Constitutional amendment requires a two-thirds majority vote of the NA & a vote of at least 6 provinces in the NCoP in support of that amendment- section 74(3) (a) & (b)
   The Const further states that the provincial legislatures of the affected provinces must concur w the decisions of the NCoP- section 74(8)

Question 8

Describe the process of alternating the name of a province

Answer 8

The Const of the RSA states that if the provincial legislature of a province wishes to change the name of a province, said the provincial legislature must request the Parliament to do so & that @ least two-thirds of the members of the provincial legislature must be in support of such resolution- sec 104(2)

Add tutorial question