Chapter 6: Provinces
Dissolution of provincial legislatures before expiry of term
109. (1) The Premier of a province must dissolve the provincial legislature if—
(a) the legislature has adopted a resolution to dissolve with a supporting vote of a
majority of its members; and
(b) three years have passed since the legislature was elected.
(2) An Acting Premier must dissolve the provincial legislature if—
(a) there is a vacancy in the office of Premier; and
(b) the legislature fails to elect a new Premier within 30 days after the vacancy
occurred.
Sittings and recess periods
110.
(1) After an election, the first sitting of a provincial legislature must take place at a time
and on a date determined by a judge designated by the Chief Justice, but not more
than 14 days after the election result has been declared. A provincial legislature may
determine the time and duration of its other sittings and its recess periods.
(2) The Premier of a province may summon the provincial legislature to an
extraordinary sitting at any time to conduct special business.
(3) A provincial legislature may determine where it ordinarily will sit.
[Sub-s. (1) substituted by s. 8 of the Constitution Sixth Amendment Act of 2001.]
Speakers and Deputy Speakers
111.
(1) At the first sitting after its election, or when necessary to fill a vacancy, a provincial
legislature must elect a Speaker and a Deputy Speaker from among its members.
(2) A judge designated by the Chief Justice must preside over the election of a Speaker.
The Speaker presides over the election of a Deputy Speaker.
[Sub-s. (2) substituted by s. 9 of the Constitution Sixth Amendment Act of 2001.]
(3) The procedure set out in Part A of Schedule 3 applies to the election of Speakers and
Deputy Speakers.
(4) A provincial legislature may remove its Speaker or Deputy Speaker from office by
resolution. A majority of the members of the legislature must be present when the
resolution is adopted.
(5) In terms of its rules and orders, a provincial legislature may elect from among its
members other presiding officers to assist the Speaker and the Deputy Speaker.
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