Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/47

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Constitution of the Western Cape, 1997

Act No. 1, 1998

Transfer of functions

47.

The Premier by proclamation in the official gazette of the Province may transfer to a member of the Provincial Cabinet—

(a)

the administration of any legislation entrusted to another member; or

(b)

any power or function entrusted by legislation to another member.

Temporary assignment of functions

48.

The Premier may temporarily assign to a member of the Provincial Cabinet any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Supervision of local government

49.

(1)

When a municipality in the Western Cape cannot or does not fulfil an executive obligation in terms of legislation, the Provincial Cabinet may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including—

(a)

issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and

(b)

assuming responsibility for the relevant obligation in that municipality to the extent necessary—

(i)

to maintain essential national standards or meet established minimum standards for the rendering of a service;

(ii)

to prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the Western Cape as a whole; or

(iii)

to maintain economic unity.

(2)

If the Provincial Cabinet intervenes in a municipality under subsection (1)(b)—

(a)

the intervention must end unless it is approved by the national Cabinet member responsible for local government affairs within 14 days of the intervention;

(b)

notice of the intervention must be tabled in the Provincial Parliament and in the National Council of Provinces within 14 days of their respective first sittings after the intervention began; and

(c)

the intervention must end unless it is approved by the National Council of Provinces within 30 days of its first sitting after the intervention began.

Executive decisions

50.

(1)

A decision by the Premier must be in writing if it—

(a)

is taken in terms of legislation; or

(b)

has legal consequences.

(2)

A written decision by the Premier must be countersigned by another member of the Provincial Cabinet if that decision concerns a function assigned to that member.

(3)

Proclamations, regulations and other subordinate legislation of the Western Cape must be published in the official gazette of the Province and the Western Cape government must take reasonable steps to make them accessible to the public.