Chapter 6: Provinces (3) (4) (5) (6) (c) administering in the province, national legislation outside the functional areas listed in Schedules 4 and 5, the administration of which has been assigned to the provincial executive 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 executive in terms of the Constitution or an Act of Parliament. A province has executive authority in terms of subsection (2)(b) only to the extent that the province has the administrative capacity to assume effective responsibility. The national government, by legislative and other measures, must assist provinces to develop the administrative capacity required for the effective exercise of their powers and performance of their functions referred to in subsection (2). Any dispute concerning the administrative capacity of a province in regard to any function must be referred to the National Council of Provinces for resolution within 30 days of the date of the referral to the Council. Subject to section 100, the implementation of provincial legislation in a province is an exclusive provincial executive power. The provincial executive must act in accordance with— (a) the Constitution; and (b) the provincial constitution, if a constitution has been passed for the province. Assignment of functions 126. A member of the Executive Council of a province 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 Executive Council member 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. 63

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