Chapter 6: Provinces Powers and functions of Premiers 127. (1) The Premier of a province has the powers and functions entrusted to that office by the Constitution and any legislation. (2) The Premier of a province is responsible for— (a) assenting to and signing Bills; (b) referring a Bill back to the provincial legislature for reconsideration of the Bill’s constitutionality; (c) referring a Bill to the Constitutional Court for a decision on the Bill’s constitutionality; (d) summoning the legislature to an extraordinary sitting to conduct special business; (e) appointing commissions of inquiry; and (f) calling a referendum in the province in accordance with national legislation. Election of Premiers 128. (1) At its first sitting after its election, and whenever necessary to fill a vacancy, a provincial legislature must elect a woman or a man from among its members to be the Premier of the province. (2) A judge designated by the Chief Justice must preside over the election of the Premier. The procedure set out in Part A of Schedule 3 applies to the election of the Premier. [Sub-s. (2) substituted by s. 10 of the Constitution Sixth Amendment Act of 2001.] (3) An election to fill a vacancy in the office of Premier must be held at a time and on a date determined by the Chief Justice, but not later than 30 days after the vacancy occurs. [Sub-s. (3) substituted by s. 10 of the Constitution Sixth Amendment Act of 2001.] Assumption of office by Premiers 129. A Premier-elect must assume office within five days of being elected, by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2. 64

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