Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/37

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Constitution of the Western Cape, 1997

Act No. 1, 1998

(3)

The Provincial Parliament may—

(a)

replace, amend or repeal this Constitution;

(b)

pass legislation for the Western Cape in terms of the national Constitution and in accordance with this Constitution;

(c)

pass legislation for the Western Cape with regard to any matter assigned to the Western Cape by national legislation; and

(d)

assign to a Municipal Council any of its legislative powers referred to in paragraph (b) and, where it is permitted to do so, any of its legislative powers referred to in paragraph (c).

(4)

The Provincial Parliament may—

(a)

by a resolution recommend to the National Assembly that it passes legislation concerning any matter outside the Provincial Parliament's authority, or in respect of which an Act of Parliament prevails over provincial legislation;

(b)

by a resolution recommend to the National Council of Provinces that it passes legislation concerning any other matter; and

(c)

by a resolution adopted with a supporting vote of at least two thirds of its members request Parliament to change the name of the Province.

Bills to replace, amend or repeal this Constitution

10.

(1)

A Bill to replace, amend or repeal this Constitution—

(a)

must be passed by the Provincial Parliament with a supporting vote of at least two thirds of its members; and

(b)

may include only constitutional provisions.

(2)

At least 30 days before a Bill referred to in subsection (1) is introduced in the Provincial Parliament, the member or committee intending to introduce the Bill must—

(a)

publish, in the official gazette of the Province and in at least three newspapers circulating in the Western Cape, particulars of the proposed Bill for public comment; and

(b)

submit, in accordance with the rules of the Provincial Parliament, those particulars to municipalities within the Western Cape for their views.

(3)

When a Bill referred to in subsection (1) is introduced, the member or committee introducing the Bill must submit to the Speaker any written comments received from the public and from municipalities for tabling in the Provincial Parliament.

Certification

11.

If the Provincial Parliament has replaced or amended this Constitution, the Speaker must submit the text of the new constitution or the constitutional amendment to the Constitutional Court for certification.

Signing, safekeeping, publication and commencement of provincial constitution

12.

(1)

The Premier must assent to and sign the text of a new constitution or any constitutional amendment that has been certified by the Constitutional Court.