Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/44

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Act No. 1, 1998

Constitution of the Western Cape, 1997

Chapter 4

Executive

Executive authority

35.

(1)

The executive authority of Western Cape is vested in the Premier.

(2)

The Premier exercises the executive authority, together with the other Provincial Ministers, by—

(a)

implementing provincial legislation;

(b)

implementing, to the extent that the Western Cape has the administrative capacity to assume effective responsibility, all national legislation within the functional areas listed in Schedule 4 or 5 of the national Constitution except where the national Constitution or an Act of Parliament provides otherwise;

(c)

implementing national legislation outside the functional areas listed in Schedules 4 and 5 of the national Constitution, the administration of which has been assigned to the Provincial Cabinet in terms of an Act of Parliament;

(d)

developing and implementing provincial policy;

(e)

co-ordinating the functions of the provincial administration and its departments;

(f)

preparing and initiating provincial legislation; and

(g)

performing any other function assigned to the Provincial Cabinet in terms of the national Constitution or an Act of Parliament.

(3)

The provincial executive must act in accordance with the national Constitution and this Constitution.

Assignment of functions

36.

A Provincial Minister may assign any power or function that is to be exercised or performed in terms of an Act of Parliament, or a provincial Act, to a Municipal Council. An assignment—

(a)

must be in terms of an agreement between the relevant Provincial Minister and the Municipal Council;

(b)

must be consistent with the Act in terms of which the relevant power or function is exercised or performed; and

(c)

takes effect upon proclamation by the Premier in the official gazette of the Province.

Powers and functions of Premier

37.

(1)

The Premier has the powers and functions entrusted to that office by the national Constitution, this Constitution and any legislation.

(2)

The Premier is responsible for—

(a)

assenting to and signing Bills;

(b)

referring a Bill back to the Provincial Parliament for reconsideration of the Bill’s constitutionality;

(c)

referring a Bill to the Constitutional Court for a decision on the Bill’s constitutionality;