Chapter 6: Provinces conflicting laws Conflicts between national and provincial legislation 146. (1) (2) (3) (4) This section applies to a conflict between national legislation and provincial legislation falling within a functional area listed in Schedule 4. 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. (b) The national legislation deals with a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity by establishing— (i) norms and standards; (ii) frameworks; or (iii) national policies. (c) The national legislation is necessary for— (i) the maintenance of national security; (ii) the maintenance of economic unity; (iii) the protection of the common market in respect of the mobility of goods, services, capital and labour; (iv) the promotion of economic activities across provincial boundaries; (v) the promotion of equal opportunity or equal access to government services; or (vi) the protection of the environment. National legislation prevails over provincial legislation if the national legislation is aimed at preventing unreasonable action by a province that— (a) is prejudicial to the economic, health or security interests of another province or the country as a whole; or (b) impedes the implementation of national economic policy. When there is a dispute concerning whether national legislation is necessary for a purpose set out in subsection (2)(c) and that dispute comes before a court for resolution, the court must have due regard to the approval or the rejection of the legislation by the National Council of Provinces. 74