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48 No. 17678
Government Gazette, 18 December 1996
| Act No. 108, 1996 | Constitution of the Republic of South Africa, 1996 |
Chapter 6—Provinces
constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution.
(4)
Provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule 4.(5)
A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law.
Composition and election of provincial legislatures
105.
(1)
A provincial legislature consists of women and men elected as members in terms of an electoral system that —(a)
is prescribed by national legislation;(b)
is based on that province’s segment of the national common voters roll;(c)
provides for a minimum voting age of 18 years; and(d)
results, in general, in proportional representation.(2)
A provincial legislature consists of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation.
Membership
106.
(1)
Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, 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 Premier and other members of the Executive Council of a province; and(ii)
other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation;(b)
members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council;(c)
unrehabilitated insolvents;(d)
anyone declared to be of unsound mind by a court of the Republic; or(e)
anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be
