Chapter 6: Provinces
(ii) outside the powers and functions conferred on the province by other
sections of the Constitution.
Certification of provincial constitutions
144.
(1) If a provincial legislature has passed or amended a constitution, the Speaker of the
legislature must submit the text of the constitution or constitutional amendment to
the Constitutional Court for certification.
(2) No text of a provincial constitution or constitutional amendment becomes law until
the Constitutional Court has certified—
(a) that the text has been passed in accordance with section 142; and
(b) that the whole text complies with section 143.
Signing, publication and safekeeping of provincial constitutions
145.
(1) The Premier of a province must assent to and sign the text of a provincial
constitution or constitutional amendment that has been certified by the
Constitutional Court.
(2) The text assented to and signed by the Premier must be published in the national
Government Gazette and takes effect on publication or on a later date determined in
terms of that constitution or amendment.
(3) The signed text of a provincial constitution or constitutional amendment is
conclusive evidence of its provisions and, after publication, must be entrusted to the
Constitutional Court for safekeeping.
Conflicting Laws
Conflicts between national and provincial legislation
146.
(1) This section applies to a conflict between national legislation and provincial
legislation falling within a functional area listed in Schedule 4.
(2) National legislation that applies uniformly with regard to the country as a whole
prevails over provincial legislation if any of the following conditions is met:
(a) The national legislation deals with a matter that cannot be regulated
effectively by legislation enacted by the respective provinces individually.
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