Chapter 6: Provinces Decisions 112. (1) Except where the Constitution provides otherwise— (a) a majority of the members of a provincial legislature must be present before a vote may be taken on a Bill or an amendment to a Bill; (b) at least one third of the members must be present before a vote may be taken on any other question before the legislature; and (c) all questions before a provincial legislature are decided by a majority of the votes cast. (2) The member presiding at a meeting of a provincial legislature has no deliberative vote, but— (a) must cast a deciding vote when there is an equal number of votes on each side of a question; and (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. 58

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