Chapter 6: Provinces
(a) � provincial legislative or executive structures and procedures that differ from
those provided for in this Chapter; or
(b) � the institution, role, authority and status of a traditional monarch,
where applicable.
(2) � Provisions included in a provincial constitution or constitutional amendment in
terms of paragraphs (a) or (b) of subsection (1)—
(a) must comply with the values in section 1 and with Chapter 3; and
(b) may not confer on the province any power or function that falls—
(i) � outside the area of provincial competence in terms of Schedules 4 and 5;
or
(ii) � outside the powers and functions conferred on the province by other
sections of the Constitution.
Certification of provincial constitutions
144. � (1)
If a provincial legislature has passed or amended a constitution, the Speaker of the
legislature must submit the text of the constitution or constitutional amendment to
the Constitutional Court for certification.
(2) No text of a provincial constitution or constitutional amendment becomes law until
the Constitutional Court has certified—
(a) � that the text has been passed in accordance with section 142; and
(b) � that the whole text complies with section 143.
Signing, publication and safekeeping of provincial constitutions
145. � (1)
The Premier of a province must assent to and sign the text of a provincial
constitution or constitutional amendment that has been certified by the
Constitutional Court.
(2) � The text assented to and signed by the Premier must be published in the national
Government Gazette and takes effect on publication or on a later date determined in
terms of that constitution or amendment.
(3) � The signed text of a provincial constitution or constitutional amendment is
conclusive evidence of its provisions and, after publication, must be entrusted to the
Constitutional Court for safekeeping.
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