Chapter 6: Provinces
Other conflicts
147.
(1) If there is a conflict between national legislation and a provision of a provincial
constitution with regard to—
(a) a matter concerning which this Constitution specifically requires
or envisages the enactment of national legislation, the national legislation
prevails over the affected provision of the provincial constitution;
(b) national legislative intervention in terms of section 44 (2), the national
legislation prevails over the provision of the provincial constitution; or
(c) a matter within a functional area listed in Schedule 4, section 146 applies as if
the affected provision of the provincial constitution were provincial legislation
referred to in that section.
(2) National legislation referred to in section 44(2) prevails over provincial legislation in
respect of matters within the functional areas listed in Schedule 5.
Conflicts that cannot be resolved
148.
If a dispute concerning a conflict cannot be resolved by a court, the national legislation
prevails over the provincial legislation or provincial constitution.
Status of legislation that does not prevail
149.
A decision by a court that legislation prevails over other legislation does not invalidate that
other legislation, but that other legislation becomes inoperative for as long as the conflict
remains.
Interpretation of conflicts
150.
When considering an apparent conflict between national and provincial legislation, or
between national legislation and a provincial constitution, every court must prefer any
reasonable interpretation of the legislation or constitution that avoids a conflict, over any
alternative interpretation that results in a conflict.
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