Chapter 6: Provinces provincial legislatures Legislative authority of provinces 104. (1) (2) (3) (4) (5) The legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power— (a) to pass a constitution for its province or to amend any constitution passed by it in terms of sections 142 and 143; (b) to pass legislation for its province with regard to— (i) any matter within a functional area listed in Schedule 4; (ii) any matter within a functional area listed in Schedule 5; (iii) any matter outside those functional areas, and that is expressly assigned to the province by national legislation; and (iv) any matter for which a provision of the Constitution envisages the enactment of provincial legislation; and (c) to assign any of its legislative powers to a Municipal Council in that province. The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request Parliament to change the name of that province. A provincial legislature is bound only by the Constitution and, if it has passed a constitution for its province, also by that constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution. Provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule 4. A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law. Composition and election of provincial legislatures 105. (1) A a provincial legislature consists of women and men elected as members in terms of an electoral system that— (a) is prescribed by national legislation; 56

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