Chapter 6: Provinces
[S. 139 substituted by s. 4 of the Constitution Eleventh Amendment Act of 2003.]
Executive decisions
140.
(1)
(2)
(3)
(4)
A decision by the Premier of a province must be in writing if it—
(a) is taken in terms of legislation; or
(b) has legal consequences.
A written decision by the Premier must be countersigned by another Executive
Council member if that decision concerns a function assigned to that other member.
Proclamations, regulations and other instruments of subordinate legislation of a
province must be accessible to the public.
Provincial legislation may specify the manner in which, and the extent to which,
instruments mentioned in subsection (3) must be—
(a) tabled in the provincial legislature; and
(b) approved by the provincial legislature.
Motions of no confidence
141.
(1)
(2)
If a provincial legislature, by a vote supported by a majority of its members, passes
a motion of no confidence in the province’s Executive Council excluding the Premier,
the Premier must reconstitute the Council.
If a provincial legislature, by a vote supported by a majority of its members, passes a
motion of no confidence in the Premier, the Premier and the other members of the
Executive Council must resign.
provincial constitutions
Adoption of provincial constitutions
142.
A provincial legislature may pass a constitution for the province or, where applicable,
amend its constitution, if at least two thirds of its members vote in favour of the Bill.
Contents of provincial constitutions
143.
(1)
A provincial constitution, or constitutional amendment, must not be inconsistent
with this Constitution, but may provide for—
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