MADLANGA J reasonably required in order to exercise the powers expressly conferred, or because they are ancillary or incidental to those expressly conferred.”101 [69] Coming to an implied primary power, an antecedent question is: what do I mean by a primary power? A primary power is a power to do something required to be done in terms of an Act and which does not owe its existence to, or whose existence is not pegged on, some other power; it exists all on its own. That is what makes it primary, and not ancillary. If it owed its existence to another primary power, then it would be an ancillary power. [70] A primary power may be express or implied. It is express if it is specifically provided for. Examples of express primary powers are the President’s power to appoint the head of the intelligence agency,102 which featured in Masetlha, and the power to determine or alter provincial boundaries, which featured in Matatiele Municipality.103 The primary power is implied if it is not expressly provided for. It is implied from a reading of the Act and a consideration of all that must be factored in the interpretative exercise. It owes its existence to provisions of the Act and everything that is relevant to the interpretative exercise.104 The fact that provisions of the Act, including provisions conferring other primary powers, may shed light on whether an implied primary power exists does not mean the implied primary power derives its existence from these provisions. These provisions and all that must be factored in determining whether a 101 Baxter Administrative Law (Juta, Cape Town 1984) at 404-5. 102 Section 209(2) of the Constitution. 103 Section 155(3)(b) of the Constitution. 104 What De Ville says on what to consider in the interpretative exercise, albeit in the context of implied ancillary powers, is useful. Here it is: “[I]mplied powers cannot simply be determined with reference to the language of the empowering provision; the rest of the provisions of the enactment, the purpose of the provision and that of the Act, other requirements for valid administrative action, the Constitution, . . . and the broader social and economic context, also have to be taken account of in determining the scope of the powers of public authority.” (De Ville above n 100 at 108-9). 41