Summary of Currie and de Waal
Currie and De Waal pages: 199-203; 210-212; 220-225 and 203-210.
Provincial Legislative Authority:
The Provincial Legislatures:
Composition and election: - Provincial legislatures consist of 30 to 80 members. - Election is the same as that of national.
Terms and Dissolution: - Provincial Legislature is elected for a term of 5 years. - Premier must dissolve legislature if it adopts a resolution to dissolve three years after it was elected. - Premier must dissolve legislature if there is a vacancy in the office of premier and the legislature fails to elect a successor within 30 days. - If dissolved, the premier must by proclamation set dates fr an election within 90 days; therefore it is possible to have a provincial election at a different time form the national election.
Committees and Internal arrangements: - Constitution contains identical provisions in respect of committees and internal arrangements for the provincial legislatures as for the National Assembly.
Functions of the Provincial Legislatures:
- As parliament does at a national level, provincial legislatures fulfils four functions at the provincial level: 1) forum for public discussion of issues at provincial levels, 2) ensures that the executive organs of the state in the province are accountable to it, 3) oversees provincial legislative action, 4) considers and passes provincial laws. - The power of the provincial legislatures to enact legislation must be viewed within the context of the system of co-operative federalism established by the constitution. The provinces were created by constitution and have only those powers that are specifically conferred on them under the constitution.
Provincial Legislative Authority:
- The provincial legislatures derive their authority to make law from S104 of the constitution. This section grants provinces competence to enact legislation to the exclusion of parliament in certain areas
Provincial Legislative Authority:
The Provincial Legislatures:
Composition and election: - Provincial legislatures consist of 30 to 80 members. - Election is the same as that of national.
Terms and Dissolution: - Provincial Legislature is elected for a term of 5 years. - Premier must dissolve legislature if it adopts a resolution to dissolve three years after it was elected. - Premier must dissolve legislature if there is a vacancy in the office of premier and the legislature fails to elect a successor within 30 days. - If dissolved, the premier must by proclamation set dates fr an election within 90 days; therefore it is possible to have a provincial election at a different time form the national election.
Committees and Internal arrangements: - Constitution contains identical provisions in respect of committees and internal arrangements for the provincial legislatures as for the National Assembly.
Functions of the Provincial Legislatures:
- As parliament does at a national level, provincial legislatures fulfils four functions at the provincial level: 1) forum for public discussion of issues at provincial levels, 2) ensures that the executive organs of the state in the province are accountable to it, 3) oversees provincial legislative action, 4) considers and passes provincial laws. - The power of the provincial legislatures to enact legislation must be viewed within the context of the system of co-operative federalism established by the constitution. The provinces were created by constitution and have only those powers that are specifically conferred on them under the constitution.
Provincial Legislative Authority:
- The provincial legislatures derive their authority to make law from S104 of the constitution. This section grants provinces competence to enact legislation to the exclusion of parliament in certain areas