Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/53

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Government Gazette, 18 December 1996
No. 17678 51

Constitution of the Republic of South Africa, 1996 Act No. 108, 1996
Chapter 6—Provinces

(b)

may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the legislature.


Permanent delegates’ rights in provincial legislatures

113.

A province’s permanent delegates to the National Council of Provinces may attend, and may speak in, their provincial legislature and its committees, but may not vote. The legislature may require a permanent delegate to attend the legislature or its committees.


Powers of provincial legislatures

114.

(1)

In exercising its legislative power, a provincial legislature may —

(a)

consider, pass, amend or reject any Bill before the legislature; and

(b)

initiate or prepare legislation, except money Bills.

(2)

A provincial legislature must provide for mechanisms —

(a)

to ensure that all provincial executive organs of state in the province are accountable to it; and

(b)

to maintain oversight of —

(i)

the exercise of provincial executive authority in the province, including the implementation of legislation; and

(ii)

any provincial organ of state.


Evidence or information before provincial legislatures

115.

A provincial legislature or any of its committees may —

(a)

summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

(b)

require any person or provincial institution to report to it;

(c)

compel, in terms of provincial legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and

(d)

receive petitions, representations or submissions from any interested persons or institutions.


Internal arrangements, proceedings and procedures of provincial legislatures

116.

(1)

A provincial legislature may —

(a)

determine and control its internal arrangements, proceedings and procedures; and

(b)

make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.

(2)

The rules and orders of a provincial legislature must provide for —

(a)

the establishment, composition, powers, functions, procedures and duration of its committees;

(b)

the participation in the proceedings of the legislature and its committees of minority parties represented in the legislature, in a manner consistent with democracy;