Chapter 1: Founding Provisions

Republic of South Africa

1.

TheRepublic of South Africa is one, sovereign, democratic state founded onthe following values:

1. Human dignity, theachievement of equality and the advancement of human rights andfreedoms.

2. Non-racialism andnon-sexism.

3. Supremacy of theconstitution and the rule of law.

4. Universal adultsuffrage, a national common voters roll, regular elections and amulti-party system of democratic government, to ensure accountability,responsiveness and openness.

Supremacy of Constitution

2.

ThisConstitution is the supreme law of the Republic; law or conductinconsistent with it is invalid, and the obligations imposed by it mustbe fulfilled.

Citizenship

3.

(1)There is a common South African citizenship.

(2)All citizens are ­

1. equally entitledto the rights, privileges and benefits of citizenship; and

2. equally subject tothe duties and responsibilities of citizenship.

(3)National legislation must provide for the acquisition, loss andrestoration of citizenship.

National anthem

4.

The national anthemof the Republic is determined by the President by proclamation.

National flag

5.

The national flag of the Republic is black, gold,green, white, red and blue, as described and sketched in Schedule 1.

Languages

6.

(1)The official languages of the Republic are Sepedi, Sesotho, Setswana,siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosaand isiZulu.

(2)Recognising the historically diminished use and status of theindigenous languages of our people, the state must take practical andpositive measures to elevate the status and advance the use of theselanguages.

(3)

1. The nationalgovernment and provincial governments may use any particular officiallanguages for the purposes of government, taking into account usage,practicality, expense, regional circumstances and the balance of theneeds and preferences of the population as a whole or in the provinceconcerned; but the national government and each provincial governmentmust use at least two official languages.

2. Municipalitiesmust take into account the language usage and preferences of theirresidents.

(4)The national government and provincial governments, by legislative andother measures, must regulate and monitor their use of officiallanguages. Without detracting from the provisions of subsection (2),all official languages must enjoy parity of esteem and must be treatedequitably.

(5)A Pan South African Language Board established by national legislationmust ­

1. promote, andcreate conditions for, the development and use of ­

   1. all officiallanguages;

   2. the Khoi, Nama andSan languages; and

   3. sign language ;and

2. promote and ensurerespect for ­

   1. all languagescommonly used by communities in South Africa, including German, Greek,Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and

   2. Arabic, Hebrew,Sanskrit and other languages used for religious purposes in SouthAfrica.

Chapter 2: Bill of Rights

Rights

7. (1) This Billof Rights is a cornerstone of democracy in South Africa. It enshrinesthe rights of all people in our country and affirms the democraticvalues of human dignity, equality and freedom.

(2) The state mustrespect, protect, promote and fulfil the rights in the Bill of Rights.

(3) The rights inthe Bill of Rights are subject to the limitations contained or referredto in section 36, or elsewhere in the Bill.

Application

8. (1) The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and allorgans of state.

(2) A provision ofthe Bill of Rights binds a natural or a juristic person if, and to theextent that, it is applicable, taking into account the nature of theright and the nature of any duty imposed by the right.

(3) When applyinga provision of the Bill of Rights to a natural or juristic person interms of subsection (2), a court ­

1. in order to giveeffect to a right in the Bill, must apply, or if necessary develop, thecommon law to the extent that legislation does not give effect to thatright; and

2. may develop rulesof the common law to limit the right, provided that the limitation isin accordance with section 36(1).

(4) A juristicperson is entitled to the rights in the Bill of Rights to the extentrequired by the nature of the rights and the nature of that juristicperson.

Equality

9. (1) Everyone isequal before the law and has the right to equal protection and benefitof the law.

(2) Equalityincludes the full and equal enjoyment of all rights and freedoms. Topromote the achievement of equality, legislative and other measuresdesigned to protect or advance persons, or categories of persons,disadvantaged by unfair discrimination may be taken.

(3) The state maynot unfairly discriminate directly or indirectly against anyone on oneor more grounds, including race, gender, sex, pregnancy, maritalstatus, ethnic or social origin, colour, sexual orientation, age,disability, religion, conscience, belief, culture, language and birth.

(4) No person mayunfairly discriminate directly or indirectly against anyone on one ormore grounds in terms of subsection (3). National legislation must beenacted to prevent or prohibit unfair discrimination.

(5) Discriminationon one or more of the grounds listed in subsection (3) is unfair unlessit is established that the discrimination is fair.

Human dignity

10. Everyone hasinherent dignity and the right to have their dignity respected andprotected.

Life

11. Everyone hasthe right to life.

Freedom and security of the person

12. (1) Everyonehas the right to freedom and security of the person, which includes theright ­

1. not to be deprivedof freedom arbitrarily or without just cause;

2. not to be detainedwithout trial;

3. to be free fromall forms of violence from either public or private sources;

4. not to be torturedin any way; and

5. not to be treatedor punished in a cruel, inhuman or degrading way.

(2) Everyone hasthe right to bodily and psychological integrity, which includes theright ­

1. to make decisionsconcerning reproduction;

2. to security in andcontrol over their body; and

3. not to besubjected to medical or scientific experiments without their informedconsent.

Slavery, servitude and forced labour

13. No one may besubjected to slavery, servitude or forced labour.

Privacy

14. Everyone hasthe right to privacy, which includes the right not to have ­

1. their person orhome searched;

2. their propertysearched;

3. their possessionsseized; or

4. the privacy oftheir communications infringed.

Freedom of religion, belief and opinion

15. (1) Everyonehas the right to freedom of conscience, religion, thought, belief andopinion.

(2) Religiousobservances may be conducted at state or state-aided institutions,provided that ­

1. those observancesfollow rules made by the appropriate public authorities;

2. they are conductedon an equitable basis; and

3. attendance at themis free and voluntary.

(3)

1. This section doesnot prevent legislation recognising ­

   1. marriagesconcluded under any tradition, or a system of religious, personal orfamily law; or

   2. systems ofpersonal and family law under any tradition, or adhered to by personsprofessing a particular religion.

2. Recognition interms of paragraph (a) must be consistent with this section and theother provisions of the Constitution.

Freedom of expression

16. (1) Everyonehas the right to freedom of expression, which includes ­

1. freedom of thepress and other media;

2. freedom to receiveor impart information or ideas;

3. freedom ofartistic creativity; and

4. academic freedomand freedom of scientific research.

(2) The right insubsection (1) does not extend to ­

1. propaganda forwar;

2. incitement ofimminent violence; or

3. advocacy of hatredthat is based on race, ethnicity, gender or religion, and thatconstitutes incitement to cause harm.

Assembly, demonstration, picket and petition

17. Everyone hasthe right, peacefully and unarmed, to assemble, to demonstrate, topicket and to present petitions.

Freedom of association

18. Everyone hasthe right to freedom of association.

Political rights

19. (1) Everycitizen is free to make political choices, which includes the right ­

1. to form apolitical party;

2. to participate inthe activities of, or recruit members for, a political party; and

3. to campaign for apolitical party or cause.

(2) Every citizenhas the right to free, fair and regular elections for any legislativebody established in terms of the Constitution.

(3) Every adultcitizen has the right ­

1. to vote inelections for any legislative body established in terms of theConstitution, and to do so in secret; and

2. to stand forpublic office and, if elected, to hold office.

Citizenship

20. No citizen maybe deprived of citizenship.

Freedom of movement and residence

21. (1) Everyonehas the right to freedom of movement.

(2) Everyone hasthe right to leave the Republic.

(3) Every citizenhas the right to enter, to remain in and to reside anywhere in, theRepublic.

(4) Every citizenhas the right to a passport.

Freedom of trade, occupation and profession

22. Every citizenhas the right to choose their trade, occupation or profession freely.The practice of a trade, occupation or profession may be regulated bylaw.

Labour relations

23. (1) Everyonehas the right to fair labour practices.

(2) Every workerhas the right ­

1. to form and join atrade union;

2. to participate inthe activities and programmes of a trade union; and

3. to strike.

(3) Every employerhas the right ­

1. to form and joinan employers' organisation; and

2. to participate inthe activities and programmes of an employers' organisation.

(4) Every tradeunion and every employers' organisation has the right ­

1. to determine itsown administration, programmes and activities;

2. to organise; and

3. to form and join afederation.

(5) Every tradeunion, employers' organisation and employer has the right to engage incollective bargaining. National legislation may be enacted to regulatecollective bargaining. To the extent that the legislation may limit aright in this Chapter, the limitation must comply with section 36(1).

(6) Nationallegislation may recognise union security arrangements contained incollective agreements. To the extent that the legislation may limit aright in this Chapter, the limitation must comply with section 36(1).

Environment

24. Everyone hasthe right ­

1. to an environmentthat is not harmful to their health or well-being; and

2. to have theenvironment protected, for the benefit of present and futuregenerations, through reasonable legislative and other measures that ­

   1. prevent pollutionand ecological degradation;

   2. promoteconservation; and

   3. secureecologically sustainable development and use of natural resources whilepromoting justifiable economic and social development.

Property

25. (1) No one maybe deprived of property except in terms of law of general application,and no law may permit arbitrary deprivation of property.

(2) Property maybe expropriated only in terms of law of general application ­

1. for a public purpose or in the public interest; and

2. subject tocompensation, the amount of which and the time and manner of payment ofwhich have either been agreed to by those affected or decided orapproved by a court.

(3) The amount ofthe compensation and the time and manner of payment must be just andequitable, reflecting an equitable balance between the public interestand the interests of those affected, having regard to all relevantcircumstances, including ­

1. the current use ofthe property;

2. the history of theacquisition and use of the property;

3. the market valueof the property;

4. the extent ofdirect state investment and subsidy in the acquisition and beneficialcapital improvement of the property; and

5. the purpose of theexpropriation.

(4) For thepurposes of this section ­

1. the publicinterest includes the nation's commitment to land reform, and toreforms to bring about equitable access to all South Africa's naturalresources; and

2. property is notlimited to land.

(5) The state musttake reasonable legislative and other measures, within its availableresources, to foster conditions which enable citizens to gain access toland on an equitable basis.

(6) A person orcommunity whose tenure of land is legally insecure as a result of pastracially discriminatory laws or practices is entitled, to the extentprovided by an Act of Parliament, either to tenure which is legallysecure or to comparable redress.

(7) A person or community dispossessed of propertyafter 19 June 1913 as a result of past racially discriminatory laws orpractices is entitled, to the extent provided by an Act of Parliament,either to restitution of that property or to equitable redress.

(8) No provisionof this section may impede the state from taking legislative and othermeasures to achieve land, water and related reform, in order to redressthe results of past racial discrimination, provided that any departurefrom the provisions of this section is in accordance with theprovisions of section 36(1).

(9) Parliament must enact the legislation referred toin subsection (6).

Housing

26. (1) Everyonehas the right to have access to adequate housing.

(2) The state musttake reasonable legislative and other measures, within its availableresources, to achieve the progressive realisation of this right.

(3) No one may beevicted from their home, or have their home demolished, without anorder of court made after considering all the relevant circumstances.No legislation may permit arbitrary evictions.

Health care, food, water and social security

27. (1) Everyonehas the right to have access to ­

1. health careservices, including reproductive health care;

2. sufficient foodand water; and

3. social security,including, if they are unable to support themselves and theirdependants, appropriate social assistance.

(2) The state musttake reasonable legislative and other measures, within its availableresources, to achieve the progressive realisation of each of theserights.

(3) No one may berefused emergency medical treatment.

Children

28. (1) Everychild has the right ­

1. to a name and anationality from birth;

2. to family care orparental care, or to appropriate alternative care when removed from thefamily environment;

3. to basicnutrition, shelter, basic health care services and social services;

4. to be protectedfrom maltreatment, neglect, abuse or degradation;

5. to be protectedfrom exploitative labour practices;

6. not to be requiredor permitted to perform work or provide services that ­

   1. are inappropriatefor a person of that child's age; or

   2. place at risk thechild's well-being, education, physical or mental health or spiritual,moral or social development;

7. not to be detainedexcept as a measure of last resort, in which case, in addition to therights a child enjoys under sections 12 and 35, the child may bedetained only for the shortest appropriate period of time, and has theright to be ­

   1. kept separatelyfrom detained persons over the age of 18 years; and

   2. treated in amanner, and kept in conditions, that take account of the child's age;

8. to have a legalpractitioner assigned to the child by the state, and at state expense,in civil proceedings affecting the child, if substantial injusticewould otherwise result; and

9. not to be useddirectly in armed conflict, and to be protected in times of armedconflict.

(2) A child's bestinterests are of paramount importance in every matter concerning thechild.

(3) In thissection "child" means a person under the age of 18 years.

Education

29. (1) Everyonehas the right ­

1. to a basiceducation, including adult basic education; and

2. to furthereducation, which the state, through reasonable measures, must makeprogressively available and accessible.

(2) Everyone hasthe right to receive education in the official language or languages oftheir choice in public educational institutions where that education isreasonably practicable. In order to ensure the effective access to, andimplementation of, this right, the state must consider all reasonableeducational alternatives, including single medium institutions, takinginto account ­

1. equity;

2. practicability;and

3. the need toredress the results of past racially discriminatory laws and practices.

(3) Everyone hasthe right to establish and maintain, at their own expense, independenteducational institutions that ­

1. do notdiscriminate on the basis of race;

2. are registeredwith the state; and

3. maintain standardsthat are not inferior to standards at comparable public educationalinstitutions.

(4) Subsection (3)does not preclude state subsidies for independent educationalinstitutions.

Language and culture

30. Everyone hasthe right to use the language and to participate in the cultural lifeof their choice, but no one exercising these rights may do so in amanner inconsistent with any provision of the Bill of Rights.

Cultural, religious and linguistic communities

31. (1) Personsbelonging to a cultural, religious or linguistic community may not bedenied the right, with other members of that community ­

1. to enjoy theirculture, practise their religion and use their language; and

2. to form, join andmaintain cultural, religious and linguistic associations and otherorgans of civil society.

(2) The rights insubsection (1) may not be exercised in a manner inconsistent with anyprovision of the Bill of Rights.

Access to information

32. (1) Everyonehas the right of access to ­

1. any informationheld by the state; and

2. any informationthat is held by another person and that is required for the exercise orprotection of any rights.

(2) Nationallegislation must be enacted to give effect to this right, and mayprovide for reasonable measures to alleviate the administrative andfinancial burden on the state.

Just administrative action

33. (1) Everyonehas the right to administrative action that is lawful, reasonable andprocedurally fair.

(2) Everyone whoserights have been adversely affected by administrative action has theright to be given written reasons.

(3) Nationallegislation must be enacted to give effect to these rights, and must ­

1. provide for thereview of administrative action by a court or, where appropriate, anindependent and impartial tribunal;

2. impose a duty onthe state to give effect to the rights in subsections (1) and (2); and

3. promote anefficient administration.

Access to courts

34. Everyone hasthe right to have any dispute that can be resolved by the applicationof law decided in a fair public hearing before a court or, whereappropriate, another independent and impartial tribunal or forum.

Arrested, detained and accused persons

35. (1) Everyonewho is arrested for allegedly committing an offence has the right ­

1. to remain silent;

2. to be informedpromptly ­

   1. of the right toremain silent; and

   2. of theconsequences of not remaining silent;

3. not to becompelled to make any confession or admission that could be used inevidence against that person;

4. to be broughtbefore a court as soon as reasonably possible, but not later than ­

   1. 48 hours after thearrest; or

   2. the end of thefirst court day after the expiry of the 48 hours, if the 48 hoursexpire outside ordinary court hours or on a day which is not anordinary court day;

5. at the first courtappearance after being arrested, to be charged or to be informed of thereason for the detention to continue, or to be released; and

6. to be releasedfrom detention if the interests of justice permit, subject toreasonable conditions.

(2) Everyone whois detained, including every sentenced prisoner, has the right ­

1. to be informedpromptly of the reason for being detained;

2. to choose, and toconsult with, a legal practitioner, and to be informed of this rightpromptly;

3. to have a legalpractitioner assigned to the detained person by the state and at stateexpense, if substantial injustice would otherwise result, and to beinformed of this right promptly;

4. to challenge thelawfulness of the detention in person before a court and, if thedetention is unlawful, to be released;

5. to conditions ofdetention that are consistent with human dignity, including at leastexercise and the provision, at state expense, of adequateaccommodation, nutrition, reading material and medical treatment; and

6. to communicatewith, and be visited by, that person's ­

   1. spouse or partner;

   2. next of kin;

   3. chosen religiouscounsellor; and

   4. chosen medicalpractitioner.

(3) Every accusedperson has a right to a fair trial, which includes the right ­

1. to be informed ofthe charge with sufficient detail to answer it;

2. to have adequatetime and facilities to prepare a defence;

3. to a public trialbefore an ordinary court;

4. to have theirtrial begin and conclude without unreasonable delay;

5. to be present whenbeing tried;

6. to choose, and berepresented by, a legal practitioner, and to be informed of this rightpromptly;

7. to have a legalpractitioner assigned to the accused person by the state and at stateexpense, if substantial injustice would otherwise result, and to beinformed of this right promptly;

8. to be presumedinnocent, to remain silent, and not to testify during the proceedings;

9. to adduce andchallenge evidence;

10. not to becompelled to give self-incriminating evidence;

11. to be tried in alanguage that the accused person understands or, if that is notpracticable, to have the proceedings interpreted in that language;

12. not to beconvicted for an act or omission that was not an offence under eithernational or international law at the time it was committed or omitted;

13. not to be triedfor an offence in respect of an act or omission for which that personhas previously been either acquitted or convicted;

14. to the benefit ofthe least severe of the prescribed punishments if the prescribedpunishment for the offence has been changed between the time that theoffence was committed and the time of sentencing; and

15. of appeal to, orreview by, a higher court.

(4) Whenever thissection requires information to be given to a person, that informationmust be given in a language that the person understands.

(5) Evidenceobtained in a manner that violates any right in the Bill of Rights mustbe excluded if the admission of that evidence would render the trialunfair or otherwise be detrimental to the administration of justice.

Limitation of rights

36. (1) The rightsin the Bill of Rights may be limited only in terms of law of generalapplication to the extent that the limitation is reasonable andjustifiable in an open and democratic society based on human dignity,equality and freedom, taking into account all relevant factors,including ­

1. the nature of theright;

2. the importance ofthe purpose of the limitation;

3. the nature andextent of the limitation;

4. the relationbetween the limitation and its purpose; and

5. less restrictivemeans to achieve the purpose.

(2) Except asprovided in subsection (1) or in any other provision of theConstitution, no law may limit any right entrenched in the Bill ofRights.

States of emergency

37. (1) A state ofemergency may be declared only in terms of an Act of Parliament, andonly when ­

1. the life of thenation is threatened by war, invasion, general insurrection, disorder,natural disaster or other public emergency; and

2. the declaration isnecessary to restore peace and order.

(2) A declarationof a state of emergency, and any legislation enacted or other actiontaken in consequence of that declaration, may be effective only ­

1. prospectively; and

2. for no more than21 days from the date of the declaration, unless the National Assemblyresolves to extend the declaration. The Assembly may extend adeclaration of a state of emergency for no more than three months at atime. The first extension of the state of emergency must be by aresolution adopted with a supporting vote of a majority of the membersof the Assembly. Any subsequent extension must be by a resolutionadopted with a supporting vote of at least 60 per cent of the membersof the Assembly. A resolution in terms of this paragraph may be adoptedonly following a public debate in the Assembly.

(3) Any competentcourt may decide on the validity of ­

1. a declaration of astate of emergency;

2. any extension of adeclaration of a state of emergency; or

3. any legislationenacted, or other action taken, in consequence of a declaration of astate of emergency.

(4) Anylegislation enacted in consequence of a declaration of a state ofemergency may derogate from the Bill of Rights only to the extent that­

1. the derogation isstrictly required by the emergency; and

2. the legislation ­

   1. is consistent withthe Republic's obligations under international law applicable to statesof emergency;

   2. conforms tosubsection (5); and

   3. is published inthe national Government Gazette as soon as reasonably possible afterbeing enacted.

(5) No Act ofParliament that authorises a declaration of a state of emergency, andno legislation enacted or other action taken in consequence of adeclaration, may permit or authorise ­

1. indemnifying thestate, or any person, in respect of any unlawful act;

2. any derogationfrom this section; or

3. any derogationfrom a section mentioned in column 1 of the Table of Non-DerogableRights, to the extent indicated opposite that section in column 3 ofthe Table.

Table of Non-Derogable Rights

1 SectionNumber	2 SectionTitle	3 Extentto which the right is protected
9	Equality	With respect to unfairdiscrimination solely on the grounds of race, colour, ethnic orsocial origin, sex religion or language
10	Human Dignity	Entirely
11	Life	Entirely
12	Freedom and Security of the person	With respect to subsections (1)(d) and(e) and (2)(c).
13	Slavery, servitude and forced labour	With respect to slavery and servitude
28	Children	With respectto: subsection (1)(d)and (e); the rights in subparagraphs (i) and (ii) ofsubsection (1)(g); and subsection 1(i) in respect of children of 15 yearsand younger
35	Arrested, detained and accused persons	With respectto: subsections(1)(a), (b) and (c) and (2)(d); the rights in paragraphs (a) to (o) of subsection(3), excluding paragraph (d) subsection (4); and subsection (5) with respect to the exclusion ofevidence if the admission of that evidence would render the trialunfair.

(6) Wheneveranyone is detained without trial in consequence of a derogation ofrights resulting from a declaration of a state of emergency, thefollowing conditions must be observed:

1. An adult familymember or friend of the detainee must be contacted as soon asreasonably possible, and informed that the person has been detained.

2. A notice must bepublished in the national Government Gazette within five days of theperson being detained, stating the detainee's name and place ofdetention and referring to the emergency measure in terms of which thatperson has been detained.

3. The detainee mustbe allowed to choose, and be visited at any reasonable time by, amedical practitioner.

4. The detainee mustbe allowed to choose, and be visited at any reasonable time by, a legalrepresentative.

5. A court mustreview the detention as soon as reasonably possible, but no later than10 days after the date the person was detained, and the court mustrelease the detainee unless it is necessary to continue the detentionto restore peace and order.

6. A detainee who isnot released in terms of a review under paragraph (e), or who is notreleased in terms of a review under this paragraph, may apply to acourt for a further review of the detention at any time after 10 dayshave passed since the previous review, and the court must release thedetainee unless it is still necessary to continue the detention torestore peace and order.

7. The detainee mustbe allowed to appear in person before any court considering thedetention, to be represented by a legal practitioner at those hearings,and to make representations against continued detention.

8. The state mustpresent written reasons to the court to justify the continued detentionof the detainee, and must give a copy of those reasons to the detaineeat least two days before the court reviews the detention.

(7) If a courtreleases a detainee, that person may not be detained again on the samegrounds unless the state first shows a court good cause forre-detaining that person.

(8) Subsections(6) and (7) do not apply to persons who are not South African citizensand who are detained in consequence of an international armed conflict.Instead, the state must comply with the standards binding on theRepublic under international humanitarian law in respect of thedetention of such persons.

Enforcement of rights

38. Anyone listedin this section has the right to approach a competent court, allegingthat a right in the Bill of Rights has been infringed or threatened,and the court may grant appropriate relief, including a declaration ofrights. The persons who may approach a court are -

1. anyone acting intheir own interest;

2. anyone acting onbehalf of another person who cannot act in their own name;

3. anyone acting as amember of, or in the interest of, a group or class of persons;

4. anyone acting inthe public interest; and

5. an associationacting in the interest of its members.

Interpretation of Bill of Rights

39. (1) Wheninterpreting the Bill of Rights, a court, tribunal or forum ­

1. must promote thevalues that underlie an open and democratic society based on humandignity, equality and freedom;

2. must considerinternational law; and

3. may considerforeign law.

(2) Wheninterpreting any legislation, and when developing the common law orcustomary law, every court, tribunal or forum must promote the spirit,purport and objects of the Bill of Rights.

(3) The Bill ofRights does not deny the existence of any other rights or freedoms thatare recognised or conferred by common law, customary law orlegislation, to the extent that they are consistent with the Bill.

Chapter 3: Co-operativeGovernment

Government of the Republic

40. (1) In theRepublic, government is constituted as national, provincial and localspheres of government which are distinctive, interdependent andinterrelated.

(2) All spheres ofgovernment must observe and adhere to the principles in this Chapterand must conduct their activities within the parameters that theChapter provides.

Principles of co-operative government andintergovernmental relations

41. (1) Allspheres of government and all organs of state within each sphere must ­

1. preserve thepeace, national unity and the indivisibility of the Republic;

2. secure thewell-being of the people of the Republic;

3. provide effective,transparent, accountable and coherent government for the Republic as awhole;

4. be loyal to theConstitution, the Republic and its people;

5. respect theconstitutional status, institutions, powers and functions of governmentin the other spheres;

6. not assume anypower or function except those conferred on them in terms of theConstitution;

7. exercise theirpowers and perform their functions in a manner that does not encroachon the geographical, functional or institutional integrity ofgovernment in another sphere; and

8. co-operate withone another in mutual trust and good faith by ­

   1. fostering friendlyrelations;

   2. assisting andsupporting one another;

   3. informing oneanother of, and consulting one another on, matters of common interest;

   4. co-ordinatingtheir actions and legislation with one another;

   5. adhering to agreedprocedures; and

   6. avoiding legalproceedings against one another.

(2) An Act ofParliament must ­

1. establish orprovide for structures and institutions to promote and facilitateintergovernmental relations; and

2. provide forappropriate mechanisms and procedures to facilitate settlement ofintergovernmental disputes.

(3) An organ ofstate involved in an intergovernmental dispute must make everyreasonable effort to settle the dispute by means of mechanisms andprocedures provided for that purpose, and must exhaust all otherremedies before it approaches a court to resolve the dispute.

(4) If a court isnot satisfied that the requirements of subsection (3) have been met, itmay refer a dispute back to the organs of state involved.

Chapter 4: Parliament

Composition of Parliament

42. (1)Parliament consists of ­

1. the NationalAssembly; and

2. the NationalCouncil of Provinces.

(2) TheNational Assembly and the National Council of Provinces participate inthe legislative process in the manner set out in the Constitution.

(3) TheNational Assembly is elected to represent the people and to ensuregovernment by the people under the Constitution. It does this bychoosing the President, by providing a national forum for publicconsideration of issues, by passing legislation and by scrutinizing andoverseeing executive action.

(4) TheNational Council of Provinces represents the provinces to ensure thatprovincial interests are taken into account in the national sphere ofgovernment. It does this mainly by participating in the nationallegislative process and by providing a national forum for publicconsideration of issues affecting the provinces.

(5) ThePresident may summon Parliament to an extraordinary sitting at any timeto conduct special business.

(6) Theseat of Parliament is Cape Town, but an Act of Parliament enacted inaccordance with section 76(1) and (5) may determine that the seat ofParliament is elsewhere.

Legislative authority of the Republic

43. In theRepublic, the legislative authority ­

1. of the nationalsphere of government is vested in Parliament, as set out in section 44;

2. of the provincialsphere of government is vested in the provincial legislatures, as setout in section 104; and

3. of the localsphere of government is vested in the Municipal Councils, as set out insection 156.

National legislative authority

44. (1) Thenational legislative authority as vested in Parliament ­

1. confers on theNational Assembly the power ­

   1. to amend theConstitution;

   2. to passlegislation with regard to any matter, including a matter within afunctional area listed in Schedule4, but excluding, subject to subsection (2), a matterwithin a functional area listed in Schedule5; and

   3. to assign any ofits legislative powers, except the power to amend the Constitution, toany legislative body in another sphere of government; and

2. (b) confers on theNational Council of Provinces the power ­

   1. to participate inamending the Constitution in accordance with section 74;

   2. to pass, inaccordance with section 76, legislation with regard to any matterwithin a functional area listed in Schedule4 and any other matter required by the Constitution tobe passed in accordance with section 76; and

   3. to consider, inaccordance with section 75, any other legislation passed by theNational Assembly.

(2)Parliament may intervene, by passing legislation in accordance withsection 76(1), with regard to a matter falling within a functional arealisted in Schedule5, when it is necessary ­

1. to maintainnational security;

2. to maintaineconomic unity;

3. to maintainessential national standards;

4. to establishminimum standards required for the rendering of services; or

5. to preventunreasonable action taken by a province which is prejudicial to theinterests of another province or to the country as a whole.

(3)Legislation with regard to a matter that is reasonably necessary for,or incidental to, the effective exercise of a power concerning anymatter listed in Schedule4 is, for all purposes, legislation with regard to amatter listed in Schedule4.

(4) Whenexercising its legislative authority, Parliament is bound only by theConstitution, and must act in accordance with, and within the limitsof, the Constitution.

Joint rules and orders and joint committees

45. (1) TheNational Assembly and the National Council of Provinces must establisha joint rules committee to make rules and orders concerning the jointbusiness of the Assembly and Council, including rules and orders ­

1. to determineprocedures to facilitate the legislative process, including setting atime limit for completing any step in the process;

2. to establish jointcommittees composed of representatives from both the Assembly and theCouncil to consider and report on Bills envisaged in sections 74 and 75that are referred to such a committee;

3. to establish ajoint committee to review the Constitution at least annually; and

4. to regulate thebusiness of ­

   1. the joint rulescommittee;

   2. the MediationCommittee;

   3. the constitutionalreview committee; and

   4. any jointcommittees established in terms of paragraph (b).

(2) Cabinetmembers, members of the National Assembly and delegates to the NationalCouncil of Provinces have the same privileges and immunities before ajoint committee of the Assembly and the Council as they have before theAssembly or the Council.

The National Assembly

Composition and election

46. (1) TheNational Assembly consists of no fewer than 350 and no more than 400women and men elected as members in terms of an electoral system that ­

1. is prescribed bynational legislation;

2. is based on thenational common voters roll;

3. provides for aminimum voting age of 18 years; and

4. results, ingeneral, in proportional representation.

(2) An Actof Parliament must provide a formula for determining the number ofmembers of the National Assembly.

Membership

47. (1)Every citizen who is qualified to vote for the National Assembly iseligible to be a member of the Assembly, except ­

1. anyone who isappointed by, or is in the service of, the state and receivesremuneration for that appointment or service, other than ­

   1. the President,Deputy President, Ministers and Deputy Ministers; and

   2. otheroffice-bearers whose functions are compatible with the functions of amember of the Assembly, and have been declared compatible with thosefunctions by national legislation;

2. permanentdelegates to the National Council of Provinces or members of aprovincial legislature or a Municipal Council;

3. unrehabilitatedinsolvents;

4. anyone declared tobe of unsound mind by a court of the Republic; or

5. anyone who, afterthis section took effect, is convicted of an offence and sentenced tomore than 12 months imprisonment without the option of a fine, eitherin the Republic, or outside the Republic if the conduct constitutingthe offence would have been an offence in the Republic, but no one maybe regarded as having been sentenced until an appeal against theconviction or sentence has been determined, or until the time for anappeal has expired. A disqualification under this paragraph ends fiveyears after the sentence has been completed.

(2) Aperson who is not eligible to be a member of the National Assembly interms of subsection (1)(a) or (b) may be a candidate for the Assembly,subject to any limits or conditions established by nationallegislation.

(3) Aperson loses membership of the National Assembly if that person ­

1. ceases to beeligible; or

2. is absent from theAssembly without permission in circumstances for which the rules andorders of the Assembly prescribe loss of membership.

(4)Vacancies in the National Assembly must be filled in terms of nationallegislation.

Oath or affirmation

48. Beforemembers of the National Assembly begin to perform their functions inthe Assembly, they must swear or affirm faithfulness to the Republicand obedience to the Constitution, in accordance with Schedule2.

Duration of National Assembly

49. (1) TheNational Assembly is elected for a term of five years.

(2) If theNational Assembly is dissolved in terms of section 50, or when its termexpires, the President, by proclamation, must call and set dates for anelection, which must be held within 90 days of the date the Assemblywas dissolved or its term expired.

(3) If theresult of an election of the National Assembly is not declared withinthe period established in terms of section 190, or if an election isset aside by a court, the President, by proclamation, must call and setdates for another election, which must be held within 90 days of theexpiry of that period or of the date on which the election was setaside.

(4) TheNational Assembly remains competent to function from the time it isdissolved or its term expires, until the day before the first day ofpolling for the next Assembly.

Dissolution of National Assembly before expiry ofits term

50. (1) ThePresident must dissolve the National Assembly if ­

1. the Assembly hasadopted a resolution to dissolve with a supporting vote of a majorityof its members; and

2. three years havepassed since the Assembly was elected.

(2) TheActing President must dissolve the National Assembly if ­

1. there is a vacancyin the office of President; and

2. the Assembly failsto elect a new President within 30 days after the vacancy occurred.

Sittings and recess periods

51. (1)After an election, the first sitting of the National Assembly must takeplace at a time and on a date determined by the President of theConstitutional Court, but not more than 14 days after the electionresult has been declared. The Assembly may determine the time andduration of its other sittings and its recess periods.

(2) ThePresident may summon the National Assembly to an extraordinary sittingat any time to conduct special business.

(3)Sittings of the National Assembly are permitted at places other thanthe seat of Parliament only on the grounds of public interest, securityor convenience, and if provided for in the rules and orders of theAssembly.

Speaker and Deputy Speaker

52. (1) Atthe first sitting after its election, or when necessary to fill avacancy, the National Assembly must elect a Speaker and a DeputySpeaker from among its members.

(2) ThePresident of the Constitutional Court must preside over the election ofa Speaker, or designate another judge to do so. The Speaker presidesover the election of a Deputy Speaker.

(3) Theprocedure set out in Part A of Schedule3 applies to the election of the Speaker and the DeputySpeaker.

(4) TheNational Assembly may remove the Speaker or Deputy Speaker from officeby resolution. A majority of the members of the Assembly must bepresent when the resolution is adopted.

(5) Interms of its rules and orders, the National Assembly may elect fromamong its members other presiding officers to assist the Speaker andthe Deputy Speaker.

Decisions

53. (1)Except where the Constitution provides otherwise ­

1. a majority of themembers of the National Assembly must be present before a vote may betaken on a Bill or an amendment to a Bill;

2. at least one thirdof the members must be present before a vote may be taken on any otherquestion before the Assembly; and

3. all questionsbefore the Assembly are decided by a majority of the votes cast.

(2) Themember of the National Assembly presiding at a meeting of the Assemblyhas no deliberative vote, but ­

1. must cast adeciding vote when there is an equal number of votes on each side of aquestion; and

2. may cast adeliberative vote when a question must be decided with a supportingvote of at least two thirds of the members of the Assembly.

Rights of certain Cabinet members in NationalAssembly

54. ThePresident and any member of the Cabinet who is not a member of theNational Assembly may attend, and may speak in, the Assembly, but maynot vote.

Powers of National Assembly

55. (1) Inexercising its legislative power, the National Assembly may ­

1. consider, pass,amend or reject any legislation before the Assembly; and

2. initiate orprepare legislation, except money Bills.

(2) TheNational Assembly must provide for mechanisms ­

1. to ensure that allexecutive organs of state in the national sphere of government areaccountable to it; and

2. to maintainoversight of ­

   1. the exercise ofnational executive authority, including the implementation oflegislation; and

   2. any organ ofstate.

Evidence or information before National Assembly

56. TheNational Assembly or any of its committees may ­

1. summon any personto appear before it to give evidence on oath or affirmation, or toproduce documents;

2. require any personor institution to report to it;

3. compel, in termsof national legislation or the rules and orders, any person orinstitution to comply with a summons or requirement in terms ofparagraph (a) or (b); and

4. receive petitions,representations or submissions from any interested persons orinstitutions.

Internal arrangements, proceedings and proceduresof National Assembly

57. (1) TheNational Assembly may ­

1. determine andcontrol its internal arrangements, proceedings and procedures; and

2. make rules andorders concerning its business, with due regard to representative andparticipatory democracy, accountability, transparency and publicinvolvement.

(2) Therules and orders of the National Assembly must provide for ­

1. the establishment,composition, powers, functions, procedures and duration of itscommittees;

2. the participationin the proceedings of the Assembly and its committees of minorityparties represented in the Assembly, in a manner consistent withdemocracy;

3. financial andadministrative assistance to each party represented in the Assembly inproportion to its representation, to enable the party and its leader toperform their functions in the Assembly effectively; and

4. the recognition ofthe leader of the largest opposition party in the Assembly as theLeader of the Opposition.

Privilege

58. (1)Cabinet members and members of the National Assembly ­

1. have freedom ofspeech in the Assembly and in its committees, subject to its rules andorders; and

2. are not liable tocivil or criminal proceedings, arrest, imprisonment or damages for ­

   1. anything that theyhave said in, produced before or submitted to the Assembly or any ofits committees; or

   2. anything revealedas a result of anything that they have said in, produced before orsubmitted to the Assembly or any of its committees.

(2) Otherprivileges and immunities of the National Assembly, Cabinet members andmembers of the Assembly may be prescribed by national legislation.

(3)Salaries, allowances and benefits payable to members of the NationalAssembly are a direct charge against the National Revenue Fund.

Public access to and involvement in NationalAssembly

59. (1) TheNational Assembly must ­

1. facilitate publicinvolvement in the legislative and other processes of the Assembly andits committees; and

2. conduct itsbusiness in an open manner, and hold its sittings, and those of itscommittees, in public, but reasonable measures may be taken ­

   1. to regulate publicaccess, including access of the media, to the Assembly and itscommittees; and

   2. to provide for thesearching of any person and,where appropriate, the refusal of entry to,or the removal of, any person.

(2) TheNational Assembly may not exclude the public, including the media, froma sitting of a committee unless it is reasonable and justifiable to doso in an open and democratic society.

National Council of Provinces

Composition of National Council

60. (1) TheNational Council of Provinces is composed of a single delegation fromeach province consisting of ten delegates.

(2) The tendelegates are ­

1. four specialdelegates consisting of-

   1. the Premier of theprovince or, if the Premier is not available, any member of theprovincial legislature designated by the Premier either generally orfor any specific business before the National Council of Provinces; and

   2. three otherspecial delegates; and

2. six permanentdelegates appointed in terms of section 61(2).

(3) ThePremier of a province, or if the Premier is not available, a member ofthe province's delegation designated by the Premier, heads thedelegation.

Allocation of delegates

61. (1)Parties represented in a provincial legislature are entitled todelegates in the province's delegation in accordance with the formulaset out in Part B of Schedule3.

(2) Within30 days after the result of an election of a provincial legislature isdeclared, the legislature must ­

1. determine, inaccordance with national legislation, how many of each party'sdelegates are to be permanent delegates and how many are to be specialdelegates; and

2. appoint thepermanent delegates in accordance with the nominations of the parties.

(3) Thenational legislation envisaged in subsection (2)(a) must ensure theparticipation of minority parties in both the permanent and specialdelegates' components of the delegation in a manner consistent withdemocracy.

(4) Thelegislature, with the concurrence of the Premier and the leaders of theparties entitled to special delegates in the province's delegation,must designate special delegates, as required from time to time, fromamong the members of the legislature.

Permanent delegates

62. (1) Aperson nominated as a permanent delegate must be eligible to be amember of the provincial legislature.

(2) If aperson who is a member of a provincial legislature is appointed as apermanent delegate, that person ceases to be a member of thelegislature.

(3)Permanent delegates are appointed for a term that expires immediatelybefore the first sitting of the provincial legislature after its nextelection.

(4) Aperson ceases to be a permanent delegate if that person ­

1. ceases to beeligible to be a member of the provincial legislature for any reasonother than being appointed as a permanent delegate;

2. becomes a memberof the Cabinet;

3. has lost theconfidence of the provincial legislature and is recalled by the partythat nominated that person;

4. ceases to be amember of the party that nominated that person and is recalled by thatparty; or

5. is absent from theNational Council of Provinces without permission in circumstances forwhich the rules and orders of the Council prescribe loss of office as apermanent delegate.

(5)Vacancies among the permanent delegates must be filled in terms ofnational legislation.

(6) Beforepermanent delegates begin to perform their functions in the NationalCouncil of Provinces, they must swear or affirm faithfulness to theRepublic and obedience to the Constitution, in accordance with Schedule2.

Sittings of National Council

63. (1) TheNational Council of Provinces may determine the time and duration ofits sittings and its recess periods.

(2) The Presidentmay summon the National Council of Provinces to an extraordinarysitting at any time to conduct special business.

(3) Sittings ofthe National Council of Provinces are permitted at places other thanthe seat of Parliament only on the grounds of public interest, securityor convenience, and if provided for in the rules and orders of theCouncil.

Chairperson and Deputy Chairpersons

64. (1) TheNational Council of Provinces must elect a Chairperson and two DeputyChairpersons from among the delegates.

(2) TheChairperson and one of the Deputy Chairpersons are elected from amongthe permanent delegates for five years unless their terms as delegatesexpire earlier.

(3) The otherDeputy Chairperson is elected for a term of one year, and must besucceeded by a delegate from another province, so that every provinceis represented in turn.

(4) The Presidentof the Constitutional Court must preside over the election of theChairperson, or designate another judge to do so. The Chairpersonpresides over the election of the Deputy Chairpersons.

(5) The procedureset out in Part A of Schedule3 applies to the election of the Chairperson and theDeputy Chairpersons.

(6) The NationalCouncil of Provinces may remove the Chairperson or a Deputy Chairpersonfrom office.

(7) In terms ofits rules and orders, the National Council of Provinces may elect fromamong the delegates other presiding officers to assist the Chairpersonand Deputy Chairpersons.

Decisions

65. (1) Exceptwhere the Constitution provides otherwise ­

1. each province hasone vote, which is cast on behalf of the province by the head of itsdelegation; and

2. all questionsbefore the National Council of Provinces are agreed when at least fiveprovinces vote in favour of the question.

(2) An Act ofParliament, enacted in accordance with the procedure established byeither subsection (1) or subsection (2) of section 76, must provide fora uniform procedure in terms of which provincial legislatures conferauthority on their delegations to cast votes on their behalf.

Participation by members of national executive

66. (1) Cabinetmembers and Deputy Ministers may attend, and may speak in, the NationalCouncil of Provinces, but may not vote.

(2) The NationalCouncil of Provinces may require a Cabinet member, a Deputy Minister oran official in the national executive or a provincial executive toattend a meeting of the Council or a committee of the Council.

Participation by local government representatives

67. Not more thanten part-time representatives designated by organised local governmentin terms of section 163, to represent the different categories ofmunicipalities, may participate when necessary in the proceedings ofthe National Council of Provinces, but may not vote.

Powers of National Council

68. Inexercising its legislative power, the National Council of Provinces may­

1. consider, pass,amend, propose amendments to or reject any legislation before theCouncil, in accordance with this Chapter; and

2. initiate orprepare legislation falling within a functional area listed in Schedule4 or other legislation referred to in section 76(3), butmay not initiate or prepare money Bills.

Evidence or information before National Council

69. The NationalCouncil of Provinces or any of its committees may ­

1. summon any personto appear before it to give evidence on oath or affirmation or toproduce documents;

2. require anyinstitution or person to report to it;

3. compel, in termsof national legislation or the rules and orders, any person orinstitution to comply with a summons or requirement in terms ofparagraph (a) or (b); and

4. receive petitions,representations or submissions from any interested persons orinstitutions.

Internal arrangements, proceedings and proceduresof National Council

70. (1) TheNational Council of Provinces may ­

1. determine andcontrol its internal arrangements, proceedings and procedures; and

2. make rules andorders concerning its business, with due regard to representative andparticipatory democracy, accountability, transparency and publicinvolvement.

(2) The rules andorders of the National Council of Provinces must provide for ­

1. the establishment,composition, powers, functions, procedures and duration of itscommittees;

2. the participationof all the provinces in its proceedings in a manner consistent withdemocracy; and

3. the participationin the proceedings of the Council and its committees of minorityparties represented in the Council, in a manner consistent withdemocracy, whenever a matter is to be decided in accordance withsection 75.

Privilege

71. (1)Delegates to the National Council of Provinces and the persons referredto in sections 66 and 67 ­

1. have freedom ofspeech in the Council and in its committees, subject to its rules andorders; and

2. are not liable tocivil or criminal proceedings, arrest, imprisonment or damages for ­

   1. anything that theyhave said in, produced before or submitted to the Council or any of itscommittees; or

   2. anything revealedas a result of anything that they have said in, produced before orsubmitted to the Council or any of its committees.

(2) Otherprivileges and immunities of the National Council of Provinces,delegates to the Council and persons referred to in sections 66 and 67may be prescribed by national legislation.

(3)Salaries, allowances and benefits payable to permanent members of theNational Council of Provinces are a direct charge against the NationalRevenue Fund.

Public access to and involvement in NationalCouncil

72. (1) TheNational Council of Provinces must ­

1. facilitate publicinvolvement in the legislative and other processes of the Council andits committees; and

2. conduct itsbusiness in an open manner, and hold its sittings, and those of itscommittees, in public, but reasonable measures may be taken ­

   1. to regulate publicaccess, including access of the media, to the Council and itscommittees; and

   2. to provide for thesearching of any person and, where appropriate, the refusal of entryto, or the removal of, any person.

(2) TheNational Council of Provinces may not exclude the public, including themedia, from a sitting of a committee unless it is reasonable andjustifiable to do so in an open and democratic society.

National Legislative Process

All Bills

73. (1) AnyBill may be introduced in the National Assembly.

(2) Only aCabinet member or a Deputy Minister, or a member or committee of theNational Assembly, may introduce a Bill in the Assembly; but only theCabinet member responsible for national financial matters may introducea money Bill in the Assembly.

(3) A Billreferred to in section 76(3), except a money Bill, may be introduced inthe National Council of Provinces.

(4) Only amember or committee of the National Council of Provinces may introducea Bill in the Council.

(5) A Billpassed by the National Assembly must be referred to the NationalCouncil of Provinces if it must be considered by the Council. A Billpassed by the Council must be referred to the Assembly.

Bills amending the Constitution

74. (1)Section 1 and this subsection may be amended by a Bill passed

by ­

1. the NationalAssembly, with a supporting vote of at least 75 per cent of itsmembers; and

2. the NationalCouncil of Provinces, with a supporting vote of at least six provinces.

(2) Chapter2 may be amended by a Bill passed by ­

1. the NationalAssembly, with a supporting vote of at least two thirds of its members;and

2. the NationalCouncil of Provinces, with a supporting vote of at least six provinces.

(3) Anyother provision of the Constitution may be amended by a Bill passed ­

1. by the NationalAssembly, with a supporting vote of at least two thirds of its members;and

2. also by theNational Council of Provinces, with a supporting vote of at least sixprovinces, if the amendment ­

   1. relates to amatter that affects the Council;

   2. alters provincialboundaries, powers, functions or institutions; or

   3. amends a provisionthat deals specifically with a provincial matter.

(4) A Billamending the Constitution may not include provisions other thanconstitutional amendments and matters connected with the amendments.

(5) Atleast 30 days before a Bill amending the Constitution is introduced interms of section 73(2), the person or committee intending to introducethe Bill must ­

1. publish in thenational Government Gazette, and in accordance with the rules andorders of the National Assembly, particulars of the proposed amendmentfor public comment;

2. submit, inaccordance with the rules and orders of the Assembly, those particularsto the provincial legislatures for their views; and

3. submit, inaccordance with the rules and orders of the National Council ofProvinces, those particulars to the Council for a public debate, if theproposed amendment is not an amendment that is required to be passed bythe Council.

(6) When aBill amending the Constitution is introduced, the person or committeeintroducing the Bill must submit any written comments received from thepublic and the provincial legislatures ­

1. to the Speaker fortabling in the National Assembly; and

2. in respect ofamendments referred to in subsection (1), (2) or (3)(b), to theChairperson of the National Council of Provinces for tabling in theCouncil.

(7) A Billamending the Constitution may not be put to the vote in the NationalAssembly within 30 days of ­

1. its introduction,if the Assembly is sitting when the Bill is introduced; or

2. its tabling in theAssembly, if the Assembly is in recess when the Bill is introduced.

(8) If aBill referred to in subsection (3)(b), or any part of the Bill,concerns only a specific province or provinces, the National Council ofProvinces may not pass the Bill or the relevant part unless it has beenapproved by the legislature or legislatures of the province orprovinces concerned.

(9) A Billamending the Constitution that has been passed by the National Assemblyand, where applicable, by the National Council of Provinces, must bereferred to the President for assent.

Ordinary Bills not affecting provinces

75. (1)When the National Assembly passes a Bill other than a Bill to which theprocedure set out in section 74 or 76 applies, the Bill must bereferred to the National Council of Provinces and dealt with inaccordance with the following procedure:

1. The Council must ­

   1. pass the Bill;

   2. pass the Billsubject to amendments proposed by it; or

   3. reject the Bill.

2. If the Councilpasses the Bill without proposing amendments, the Bill must besubmitted to the President for assent.

3. If the Councilrejects the Bill or passes it subject to amendments, the Assembly mustreconsider the Bill, taking into account any amendment proposed by theCouncil, and may ­

   1. pass the Billagain, either with or without amendments; or

   2. decide not toproceed with the Bill.

4. A Bill passed bythe Assembly in terms of paragraph (c) must be submitted to thePresident for assent.

(2) Whenthe National Council of Provinces votes on a question in terms of thissection, section 65 does not apply; instead ­

1. each delegate in aprovincial delegation has one vote;

2. at least one thirdof the delegates must be present before a vote may be taken on thequestion; and

3. the question isdecided by a majority of the votes cast, but if there is an equalnumber of votes on each side of the question, the delegate presidingmust cast a deciding vote.

Ordinary Bills affecting provinces

76. (1)When the National Assembly passes a Bill referred to in subsection (3),(4) or (5), the Bill must be referred to the National Council ofProvinces and dealt with in accordance with the following procedure:

1. The Council must ­

   1. pass the Bill;

   2. pass an amendedBill; or

   3. reject the Bill.

2. If the Councilpasses the Bill without amendment, the Bill must be submitted to thePresident for assent.

3. If the Councilpasses an amended Bill, the amended Bill must be referred to theAssembly, and if the Assembly passes the amended Bill, it must besubmitted to the President for assent.

4. If the Councilrejects the Bill, or if the Assembly refuses to pass an amended Billreferred to it in terms of paragraph (c), the Bill and, whereapplicable, also the amended Bill, must be referred to the MediationCommittee, which may agree on ­

   1. the Bill as passedby the Assembly;

   2. the amended Billas passed by the Council; or

   3. another version ofthe Bill.

5. If the MediationCommittee is unable to agree within 30 days of the Bill's referral toit, the Bill lapses unless the Assembly again passes the Bill, but witha supporting vote of at least two thirds of its members.

6. If the MediationCommittee agrees on the Bill as passed by the Assembly, the Bill mustbe referred to the Council, and if the Council passes the Bill, theBill must be submitted to the President for assent.

7. If the MediationCommittee agrees on the amended Bill as passed by the Council, the Billmust be referred to the Assembly, and if it is passed by the Assembly,it must be submitted to the President for assent.

8. If the MediationCommittee agrees on another version of the Bill, that version of theBill must be referred to both the Assembly and the Council, and if itis passed by the Assembly and the Council, it must be submitted to thePresident for assent.

9. If a Bill referredto the Council in terms of paragraph (f) or (h) is not passed by theCouncil, the Bill lapses unless the Assembly passes the Bill with asupporting vote of at least two thirds of its members.

10. If a Bill referredto the Assembly in terms of paragraph (g) or (h) is not passed by theAssembly, that Bill lapses, but the Bill as originally passed by theAssembly may again be passed by the Assembly, but with a supportingvote of at least two thirds of its members.

11. A Bill passed bythe Assembly in terms of paragraph (e), (i) or (j) must be submitted tothe President for assent.

(2) Whenthe National Council of Provinces passes a Bill referred to insubsection (3), the Bill must be referred to the National Assembly anddealt with in accordance with the following procedure:

1. The Assembly must­

   1. pass the Bill;

   2. pass an amendedBill; or

   3. reject the Bill.

2. A Bill passed bythe Assembly in terms of paragraph (a)(i) must be submitted to thePresident for assent.

3. If the Assemblypasses an amended Bill, the amended Bill must be referred to theCouncil, and if the Council passes the amended Bill, it must besubmitted to the President for assent.

4. If the Assemblyrejects the Bill, or if the Council refuses to pass an amended Billreferred to it in terms of paragraph (c), the Bill and, whereapplicable, also the amended Bill must be referred to the MediationCommittee, which may agree on ­

   1. the Bill as passedby the Council;

   2. the amended Billas passed by the Assembly; or

   3. another version ofthe Bill.

5. If the MediationCommittee is unable to agree within 30 days of the Bill's referral toit, the Bill lapses.

6. If the MediationCommittee agrees on the Bill as passed by the Council, the Bill must bereferred to the Assembly, and if the Assembly passes the Bill, the Billmust be submitted to the President for assent.

7. If the MediationCommittee agrees on the amended Bill as passed by the Assembly, theBill must be referred to the Council, and if it is passed by theCouncil, it must be submitted to the President for assent.

8. If the MediationCommittee agrees on another version of the Bill, that version of theBill must be referred to both the Council and the Assembly, and if itis passed by the Council and the Assembly, it must be submitted to thePresident for assent.

9. If a Bill referredto the Assembly in terms of paragraph (f) or (h) is not passed by theAssembly, the Bill lapses.

(3) A Billmust be dealt with in accordance with the procedure established byeither subsection (1) or subsection (2) if it falls within a functionalarea listed in Schedule4 or provides for legislation envisaged in any of thefollowing sections:

1. Section 65(2);

2. section 163;

3. section 182;

4. section 195(3) and(4);

5. section 196; and

6. section 197.

(4) A Billmust be dealt with in accordance with the procedure established bysubsection (1) if it provides for legislation ­

1. envisaged insection 44(2) or 220(3); or

2. envisaged inChapter 13, and which affects the financial interests of the provincialsphere of government.

(5) A Billenvisaged in section 42(6) must be dealt with in accordance with theprocedure established by subsection (1), except that ­

1. when the NationalAssembly votes on the Bill, the provisions of section 53(1) do notapply; instead, the Bill may be passed only if a majority of themembers of the Assembly vote in favour of it; and

2. if the Bill isreferred to the Mediation Committee, the following rules apply:

   1. If the NationalAssembly considers a Bill envisaged in subsection (1) (g) or (h), thatBill may be passed only if a majority of the members of the Assemblyvote in favour of it.

   2. If the NationalAssembly considers or reconsiders a Bill envisaged in subsection(1)(e), (i) or (j), that Bill may be passed only if at least two thirdsof the members of the Assembly vote in favour of it.

(6) Thissection does not apply to money Bills.

Money Bills

77. (1) ABill that appropriates money or imposes taxes, levies or duties is amoney Bill. A money Bill may not deal with any other matter except asubordinate matter incidental to the appropriation of money or theimposition of taxes, levies or duties.

(2) Allmoney Bills must be considered in accordance with the procedureestablished by section 75. An Act of Parliament must provide for aprocedure to amend money Bills before Parliament.

Mediation Committee

78. (1) TheMediation Committee consists of ­

1. nine members ofthe National Assembly elected by the Assembly in accordance with aprocedure that is prescribed by the rules and orders of the Assemblyand results in the representation of parties in substantially the sameproportion that the parties are represented in the Assembly; and

2. one delegate fromeach provincial delegation in the National Council of Provinces,designated by the delegation.

(2) TheMediation Committee has agreed on a version of a Bill, or decided aquestion, when that version, or one side of the question, is supportedby ­

1. at least five ofthe representatives of the National Assembly; and

2. at least five ofthe representatives of the National Council of Provinces.

Assent to Bills

79. (1) ThePresident must either assent to and sign a Bill passed in terms of thisChapter or, if the President has reservations about theconstitutionality of the Bill, refer it back to the National Assemblyfor reconsideration.

(2) Thejoint rules and orders must provide for the procedure for thereconsideration of a Bill by the National Assembly and theparticipation of the National Council of Provinces in the process.

(3) TheNational Council of Provinces must participate in the reconsiderationof a Bill that the President has referred back to the National Assemblyif ­

1. the President'sreservations about the constitutionality of the Bill relate to aprocedural matter that involves the Council; or

2. section 74(1), (2)or (3)(b) or 76 was applicable in the passing of the Bill.

(4) If,after reconsideration, a Bill fully accommodates the President'sreservations, the President must assent to and sign the Bill; if not,the President must either ­

1. assent to and signthe Bill; or

2. refer it to theConstitutional Court for a decision on its constitutionality.

(5) If theConstitutional Court decides that the Bill is constitutional, thePresident must assent to and sign it.

Application by members of National Assembly to ConstitutionalCourt

80. (1)Members of the National Assembly may apply to the Constitutional Courtfor an order declaring that all or part of an Act of Parliament isunconstitutional.

(2) Anapplication ­

1. must be supportedby at least one third of the members of the National Assembly; and

2. must be madewithin 30 days of the date on which the President assented to andsigned the Act.

(3) TheConstitutional Court may order that all or part of an Act that is thesubject of an application in terms of subsection (1) has no force untilthe Court has decided the application if ­

1. the interests ofjustice require this; and

2. the applicationhas a reasonable prospect of success.

(4) If anapplication is unsuccessful, and did not have a reasonable prospect ofsuccess, the Constitutional Court may order the applicants to paycosts.

Publication of Acts

81. A Billassented to and signed by the President becomes an Act of Parliament,must be published promptly, and takes effect when published or on adate determined in terms of the Act.

Safekeeping of Acts of Parliament

82. Thesigned copy of an Act of Parliament is conclusive evidence of theprovisions of that Act and, after publication, must be entrusted to theConstitutional Court for safekeeping.

Chapter 5: The President and NationalExecutive

The President

83. The President­

1. is the Head ofState and head of the national executive;

2. must uphold,defend and respect the Constitution as the supreme law of the Republic;and

3. promotes the unityof the nation and that which will advance the Republic.

Powers and functions of President

84. (1) ThePresident has the powers entrusted by the Constitution and legislation,including those necessary to perform the functions of Head of State andhead of the national executive.

(2) The Presidentis responsible for ­

1. assenting to andsigning Bills;

2. referring a Billback to the National Assembly for reconsideration of the Bill'sconstitutionality;

3. referring a Billto the Constitutional Court for a decision on the Bill'sconstitutionality;

4. summoning theNational Assembly, the National Council of Provinces or Parliament toan extraordinary sitting to conduct special business;

5. making anyappointments that the Constitution or legislation requires thePresident to make, other than as head of the national executive;

6. appointingcommissions of inquiry;

7. calling a nationalreferendum in terms of an Act of Parliament;

8. receiving andrecognising foreign diplomatic and consular representatives;

9. appointingambassadors, plenipotentiaries, and diplomatic and consularrepresentatives;

10. pardoning orreprieving offenders and remitting any fines, penalties or forfeitures;and

11. conferringhonours.

Executive authority of the Republic

85. (1) Theexecutive authority of the Republic is vested in the President.

(2) The Presidentexercises the executive authority, together with the other members ofthe Cabinet, by ­

1. implementingnational legislation except where the Constitution or an Act ofParliament provides otherwise;

2. developing andimplementing national policy;

3. co-ordinating thefunctions of state departments and administrations;

4. preparing andinitiating legislation; and

5. performing anyother executive function provided for in the Constitution or innational legislation.

Election of President

86. (1) At itsfirst sitting after its election, and whenever necessary to fill avacancy, the National Assembly must elect a woman or a man from amongits members to be the President.

(2) The Presidentof the Constitutional Court must preside over the election of thePresident, or designate another judge to do so. The procedure set outin Part A of Schedule 3 applies to the election of the President.

(3) An election tofill a vacancy in the office of President must be held at a time and ona date determined by the President of the Constitutional Court, but notmore than 30 days after the vacancy occurs.

Assumption of office by President

87. When electedPresident, a person ceases to be a member of the National Assembly and,within five days, must assume office by swearing or affirmingfaithfulness to the Republic and obedience to the Constitution, inaccordance with Schedule 2.

Term of office of President

88. (1) ThePresident's term of office begins on assuming office and ends upon avacancy occurring or when the person next elected President assumesoffice.

(2) No person mayhold office as President for more than two terms, but when a person iselected to fill a vacancy in the office of President, the periodbetween that election and the next election of a President is notregarded as a term.

Removal of President

89. (1) TheNational Assembly, by a resolution adopted with a supporting vote of atleast two thirds of its members, may remove the President from officeonly on the grounds of ­

1. a seriousviolation of the Constitution or the law;

2. seriousmisconduct; or

3. inability toperform the functions of office.

(2) Anyone who hasbeen removed from the office of President in terms of subsection (1)(a) or (b) may not receive any benefits of that office, and may notserve in any public office.

Acting President

90. (1) When thePresident is absent from the Republic or otherwise unable to fulfil theduties of President, or during a vacancy in the office of President, anoffice-bearer in the order below acts as President:

1. The DeputyPresident.

2. A Ministerdesignated by the President.

3. A Ministerdesignated by the other members of the Cabinet.

4. The Speaker, untilthe National Assembly designates one of its other members.

(2) An ActingPresident has the responsibilities, powers and functions of thePresident.

(3) Beforeassuming the responsibilities, powers and functions of the President,the Acting President must swear or affirm faithfulness to the Republicand obedience to the Constitution, in accordance with Schedule 2.

Cabinet

91. (1) TheCabinet consists of the President, as head of the Cabinet, a DeputyPresident and Ministers.

(2) The Presidentappoints the Deputy President and Ministers, assigns their powers andfunctions, and may dismiss them.

(3) The President­

1. must select theDeputy President from among the members of the National Assembly;

2. may select anynumber of Ministers from among the members of the Assembly; and

3. may select no morethan two Ministers from outside the Assembly.

(4) The Presidentmust appoint a member of the Cabinet to be the leader of governmentbusiness in the National Assembly.

(5) The DeputyPresident must assist the President in the execution of the functionsof government.

Accountability and responsibilities

92. (1) The DeputyPresident and Ministers are responsible for the powers and functions ofthe executive assigned to them by the President.

(2) Members of theCabinet are accountable collectively and individually to Parliament forthe exercise of their powers and the performance of their functions.

(3) Members of theCabinet must ­

1. act in accordancewith the Constitution; and

2. provide Parliamentwith full and regular reports concerning matters under their control.

Deputy Ministers

93. The Presidentmay appoint Deputy Ministers from among the members of the NationalAssembly to assist the members of the Cabinet, and may dismiss them.

Continuation of Cabinet after elections

94. When anelection of the National Assembly is held, the Cabinet, the DeputyPresident, Ministers and any Deputy Ministers remain competent tofunction until the person elected President by the next Assemblyassumes office.

Oath or affirmation

95. Before theDeputy President, Ministers and any Deputy Ministers begin to performtheir functions, they must swear or affirm faithfulness to the Republicand obedience to the Constitution, in accordance with Schedule 2.

Conduct of Cabinet members and Deputy Ministers

96. (1) Members ofthe Cabinet and Deputy Ministers must act in accordance with a code ofethics prescribed by national legislation.

(2) Members of theCabinet and Deputy Ministers may not ­

1. undertake anyother paid work;

2. act in any waythat is inconsistent with their office, or expose themselves to anysituation involving the risk of a conflict between their officialresponsibilities and private interests; or

3. use their positionor any information entrusted to them, to enrich themselves orimproperly benefit any other person.

Transfer of functions

97. The Presidentby proclamation may transfer to a member of the

Cabinet ­

1. the administrationof any legislation entrusted to another member; or

2. any power orfunction entrusted by legislation to another member.

Temporary assignment of functions

98. The Presidentmay assign to a Cabinet member any power or function of another memberwho is absent from office or is unable to exercise that power orperform that function.

Assignment of functions

99. A Cabinetmember may assign any power or function that is to be exercised orperformed in terms of an Act of Parliament to a member of a provincialExecutive Council or to a Municipal Council. An assignment ­

1. must be in termsof an agreement between the relevant Cabinet member and the ExecutiveCouncil member or Municipal Council;

2. must be consistent with the Act of Parliament in terms of which the relevant power or function isexercised or performed; and

3. takes effect uponproclamation by the President.

National supervision of provincial administration

100. (1) When a province cannot or does not fulfil anexecutive obligation interms of legislation or the Constitution, the national executive mayintervene by taking any appropriate steps to ensure fulfilment of thatobligation, including ­

1. issuing adirective to the provincial executive, describing the extent of thefailure to fulfil its obligations and stating any steps required tomeet its obligations; and

2. assumingresponsibility for the relevant obligation in that province to theextent necessary to ­

   1. maintain essentialnational standards or meet established minimum standards for therendering of a service;

   2. maintain economicunity;

   3. maintain nationalsecurity; or

   4. prevent thatprovince from taking unreasonable action that is prejudicial to theinterests of another province or to the country as a whole.

(2) If thenational executive intervenes in a province in terms of subsection(1)(b) ­

1. notice of theintervention must be tabled in the National Council of Provinces within14 days of its first sitting after the intervention began;

2. the interventionmust end unless it is approved by the Council within 30 days of itsfirst sitting after the intervention began; and

3. the Council mustreview the intervention regularly and make any appropriaterecommendations to the national executive.

(3) Nationallegislation may regulate the process established by this section.

Executive decisions

101. (1) Adecision by the President must be in writing if it ­

1. is taken in termsof legislation; or

2. has legalconsequences.

(2) A writtendecision by the President must be countersigned by another Cabinetmember if that decision concerns a function assigned to that otherCabinet member.

(3) Proclamations,regulations and other instruments of subordinate legislation must beaccessible to the public.

(4) Nationallegislation may specify the manner in which, and the extent to which,instruments mentioned in subsection (3) must be ­

1. tabled inParliament; and

2. approved byParliament.

Motions of no confidence

102. (1) If theNational Assembly, by a vote supported by a majority of its members,passes a motion of no confidence in the Cabinet excluding thePresident, the President must reconstitute the Cabinet.

(2) If theNational Assembly, by a vote supported by a majority of its members,passes a motion of no confidence in the President, the President andthe other members of the Cabinet and any Deputy Ministers must resign.

Chapter 6: Provinces

Provinces 

103. (1)The Republic has the following provinces:

1. Eastern Cape

2. Free State

3. Gauteng

4. KwaZulu-Natal

5. Mpumalanga

6. Northern Cape

7. Northern Province

8. North West

9. Western Cape.

(2) The boundariesof the provinces are those that existed when the Constitution tookeffect.

Provincial Legislatures

Legislativeauthority of provinces 

104. (1)The legislative authority of a province is vested in its provinciallegislature, and confers on the provincial legislature the power ­

1. to pass aconstitution for its province or to amend any constitution passed by itin terms of sections 142 and 143;

2. to pass legislation for its province with regard to ­

   1. any matter withina functional area listed in Schedule 4;

   2. any matter withina functional area listed in Schedule 5;

   3. any matter outsidethose functional areas, and that is expressly assigned to the provinceby national legislation; and

   4. any matter forwhich a provision of the Constitution envisages the enactment ofprovincial legislation; and

3. to assign any ofits legislative powers to a Municipal Council in that province.

(2) Thelegislature of a province, by a resolution adopted with a supportingvote of at least two thirds of its members, may request Parliament tochange the name of that province.

(3) Aprovincial legislature is bound only by the Constitution and, if it haspassed a constitution for its province, also by that constitution, andmust act in accordance with, and within the limits of, the Constitutionand that provincial constitution.

(4)Provincial legislation with regard to a matter that is reasonablynecessary for, or incidental to, the effective exercise of a powerconcerning any matter listed in Schedule 4, is for all purposeslegislation with regard to a matter listed in Schedule 4.

(5) Aprovincial legislature may recommend to the National Assemblylegislation concerning any matter outside the authority of thatlegislature, or in respect of which an Act of Parliament prevails overa provincial law.

Composition and election of provinciallegislatures 

105. (1) Aprovincial legislature consists of women and men elected as members interms of an electoral
system that ­

1. is prescribed bynational legislation;

2. is based on thatprovince's segment of the national common voters roll;

3. provides for aminimum voting age of 18 years; and

4. results, ingeneral, in proportional representation.

(2) A provinciallegislature consists of between 30 and 80 members. The number ofmembers, which may differ among the provinces, must be determined interms of a formula prescribed by national legislation.

Membership 

106. (1)Every citizen who is qualified to vote for the National Assembly iseligible to be a member of a provincial legislature, except ­

1. anyone who isappointed by, or is in the service of, the state and receivesremuneration for that appointment or service, other than ­

   1. the Premier andother members of the Executive Council of a province; and

   2. otheroffice-bearers whose functions are compatible with the functions of amember of a provincial legislature, and have been declared compatiblewith those functions by national legislation;

2. members of theNational Assembly, permanent delegates to the National Council ofProvinces or members of a Municipal Council;

3. unrehabilitatedinsolvents;

4. anyone declared tobe of unsound mind by a court of the Republic; or

5. anyone who, afterthis section took effect, is convicted of an offence and sentenced tomore than 12 months' imprisonment without the option of a fine, eitherin the Republic, or outside the Republic if the conduct constitutingthe offence would have been an offence in the Republic, but no one maybe regarded as having been sentenced until an appeal against theconviction or sentence has been determined, or until the time for anappeal has expired. A disqualification under this paragraph ends fiveyears after the sentence has been completed.

(2) A person whois not eligible to be a member of a provincial legislature in terms ofsubsection (1) (a) or (b) may be a candidate for the legislature,subject to any limits or conditions established by nationallegislation.

(3) Aperson loses membership of a provincial legislature if that person ­

1. ceases to beeligible; or

2. is absent from thelegislature without permission in circumstances for which the rules andorders of the legislature prescribe loss of membership.

(4) Vacancies in aprovincial legislature must be filled in terms of national legislation.

Oath or affirmation 

107. Beforemembers of a provincial legislature begin to perform their functions inthe legislature, they must swear or affirm faithfulness to the Republicand obedience to the Constitution, in accordance with Schedule 2.

Duration of provincial legislatures 

108. (1) Aprovincial legislature is elected for a term of five years.

(2) If aprovincial legislature is dissolved in terms of section 109, or whenits term expires, the Premier of the province, by proclamation, mustcall and set dates for an election, which must be held within 90 daysof the date the legislature was dissolved or its term expired.

(3) If theresult of an election of a provincial legislature is not declaredwithin the period referred to in section 190, or if an election is setaside by a court, the President, by proclamation, must call and setdates for another election, which must be held within 90 days of theexpiry of that period or of the date on which the election was setaside.

(4) Aprovincial legislature remains competent to function from the time itis dissolved or its term expires, until the day before the first day ofpolling for the next legislature.

Dissolution of provincial legislatures beforeexpiry of term 

109. (1)The Premier of a province must dissolve the provincial legislature if ­

1. the legislaturehas adopted a resolution to dissolve with a supporting vote of amajority of its members; and

2. three years havepassed since the legislature was elected.

(2) An ActingPremier must dissolve the provincial legislature if ­

1. there is a vacancyin the office of Premier; and

2. the legislaturefails to elect a new Premier within 30 days after the vacancy occurred.

Sittingsand recess periods 

110. (1)After an election, the first sitting of a provincial legislature musttake place at a time and on a date determined by a judge designated bythe President of the Constitutional Court, but not more than 14 daysafter the election result has been declared. A provincial legislaturemay determine the time and duration of its other sittings and itsrecess periods.

(2) ThePremier of a province may summon the provincial legislature to anextraordinary sitting at any time to conduct special business.

(3) Aprovincial legislature may determine where it ordinarily will sit.

Speakers and Deputy Speakers 

111. (1) Atthe first sitting after its election, or when necessary to fill avacancy, a provincial legislature must elect a Speaker and a DeputySpeaker from among its members.

(2) A judgedesignated by the President of the Constitutional Court must presideover the election of a Speaker. The Speaker presides over the electionof a Deputy Speaker.

(3) Theprocedure set out in Part A of Schedule 3 applies to the election ofSpeakers and Deputy Speakers.

(4) Aprovincial legislature may remove its Speaker or Deputy Speaker fromoffice by resolution. A majority of the members of the legislature mustbe present when the resolution is adopted.

(5) Interms of its rules and orders, a provincial legislature may elect fromamong its members other presiding officers to assist the Speaker andthe Deputy Speaker.

Decisions 

112. (1)Except where the Constitution provides otherwise ­

1. a majority of themembers of a provincial legislature must be present before a vote maybe taken on a Bill or an amendment to a Bill;

2. at least one thirdof the members must be present before a vote may be taken on any otherquestion before the legislature; and

3. all questionsbefore a provincial legislature are decided by a majority of the votescast.

(2) The memberpresiding at a meeting of a provincial legislature has no deliberativevote, but ­

1. must cast adeciding vote when there is an equal number of votes on each side of aquestion; and

2. may cast adeliberative vote when a question must be decided with a supportingvote of at least two thirds of the members of the legislature.

Permanentdelegates' rights in provincial legislatures 

113. Aprovince's permanent delegates to the National Council of Provinces mayattend, and may speak in, their provincial legislature and itscommittees, but may not vote. The legislature may require a permanentdelegate to attend the legislature or its committees.

Powers of provincial legislatures 

114. (1) Inexercising its legislative power, a provincial legislature may ­

1. consider, pass,amend or reject any Bill before the legislature; and

2. initiate orprepare legislation, except money Bills.

(2) A provinciallegislature must provide for mechanisms ­

1. to ensure that allprovincial executive organs of state in the province are accountable toit; and

2. to maintainoversight of ­

   1. the exercise ofprovincial executive authority in the province, including theimplementation of legislation; and

   2. any provincialorgan of state.

Evidenceor information before provincial legislatures 

115. Aprovincial legislature or any of its committees may ­

1. summon any personto appear before it to give evidence on oath or affirmation, or toproduce documents;

2. require any personor provincial institution to report to it;

3. compel, in termsof provincial legislation or the rules and orders, any person orinstitution to comply with a summons or requirement in terms ofparagraph (a) or (b); and

4. receive petitions,representations or submissions from any interested persons orinstitutions.

Internalarrangements, proceedings and procedures of provinciallegislatures 

116. (1) Aprovincial legislature may ­

1. determine andcontrol its internal arrangements, proceedings and procedures; and

2. make rules andorders concerning its business, with due regard to representative andparticipatory democracy, accountability, transparency and publicinvolvement.

(2) The rules andorders of a provincial legislature must provide for ­

1. the establishment,composition, powers, functions, procedures and duration of itscommittees;

2. the participationin the proceedings of the legislature and its committees of minorityparties represented in the legislature, in a manner consistent withdemocracy;

3. financial andadministrative assistance to each party represented in the legislature,in proportion to its representation, to enable the party and its leaderto perform their functions in the legislature effectively; and

4. the recognition ofthe leader of the largest opposition party in the legislature, as theLeader of the Opposition.

Privilege 

117. (1)Members of a provincial legislature and the province's permanentdelegates to the National Council of Provinces ­

1. have freedom ofspeech in the legislature and in its committees, subject to its rulesand orders; and

2. are not liable tocivil or criminal proceedings, arrest, imprisonment or damages for ­

   1. anything that theyhave said in, produced before or submitted to the legislature or any ofits committees; or

   2. anything revealedas a result of anything that they have said in, produced before orsubmitted to the legislature or any of its committees.

(2) Otherprivileges and immunities of a provincial legislature and its membersmay be prescribed by national legislation.

(3)Salaries, allowances and benefits payable to members of a provinciallegislature are a direct charge against the Provincial Revenue Fund.

Public access to and involvement in provinciallegislatures 

118. (1) Aprovincial legislature must ­

1. facilitate publicinvolvement in the legislative and other processes of the legislatureand its committees; and

2. conduct itsbusiness in an open manner, and hold its sittings, and those of itscommittees, in public, but reasonable measures may be taken ­

   1. to regulate publicaccess, including access of the media, to the legislature and itscommittees; and

   2. to provide for thesearching of any person and, where appropriate, the refusal of entryto,or the removal of, any person.

(2) A provinciallegislature may not exclude the public, including the media, from asitting of a committee unless it is reasonable and justifiable to do soin an open and democratic society.

Introduction of Bills 

119. Onlymembers of the Executive Council of a province or a committee or memberof a provincial legislature may introduce a Bill in the legislature;but only the member of the Executive Council who is responsible forfinancial matters in the province may introduce a money Bill in thelegislature.

Money Bills 

120. (1) ABill that appropriates money or imposes taxes, levies or

duties is amoney Bill. A money Bill may not deal with any other matter except asubordinate matter incidental to the appropriation of money or theimposition of taxes, levies or duties.

(2) Aprovincial Act must provide for a procedure by which the province'slegislature may amend a money Bill.

Assent to Bills 

121. (1)The Premier of a province must either assent to and sign a Bill passedby the provincial legislature in terms of this Chapter or, if thePremier has reservations about the constitutionality of the Bill, referit back to the legislature for reconsideration.

(2) If,after reconsideration, a Bill fully accommodates the Premier'sreservations, the Premier must assent to and sign the Bill; if not, thePremier must either ­

1. assent to and signthe Bill; or

2. refer it to theConstitutional Court for a decision on its constitutionality.

(3) If theConstitutional Court decides that the Bill is constitutional, thePremier must assent to and sign it.

Application by members to ConstitutionalCourt 

122. (1)Members of a provincial legislature may apply to the ConstitutionalCourt for an order declaring that all or part of a provincial Act isunconstitutional.

(2) Anapplication ­

1. must be supportedby at least 20 per cent of the members of the legislature; and

2. must be madewithin 30 days of the date on which the Premier assented to and signedthe Act.

(3) TheConstitutional Court may order that all or part of an Act that is thesubject of an application in terms of subsection (1) has no force untilthe Court has decided the application if ­

1. the interests ofjustice require this; and

2. the applicationhas a reasonable prospect of success.

(4) If anapplication is unsuccessful, and did not have a reasonable prospect ofsuccess, the Constitutional Court may order the applicants to paycosts.

Publication of provincial Acts 

123. A Billassented to and signed by the Premier of a province becomes aprovincial Act, must be published promptly and takes effect whenpublished or on a date determined in terms of the Act.

Safekeeping of provincial Acts 

124. Thesigned copy of a provincial Act is conclusive evidence of theprovisions of that Act and, after publication, must be entrusted to theConstitutional Court for safekeeping .

Provincial Executives

Executiveauthority of provinces 

125. (1)The executive authority of a province is vested in the Premier of thatprovince.

(2) ThePremier exercises the executive authority, together with the othermembers of the Executive Council, by ­

1. implementingprovincial legislation in the province;

2. implementing allnational legislation within the functional areas listed in Schedule 4or 5 except where the Constitution or an Act of Parliament providesotherwise;

3. administering inthe province, national legislation outside the functional areas listedin Schedules 4 and 5, the administration of which has been assigned tothe provincial executive in terms of an Act of Parliament;

4. developing andimplementing provincial policy;

5. co-ordinating thefunctions of the provincial administration and its departments;

6. preparing andinitiating provincial legislation; and

7. performing anyother function assigned to the provincial executive in terms of theConstitution or an Act of Parliament.

(3) A province hasexecutive authority in terms of subsection (2) (b) only to the extentthat the province has the administrative capacity to assume effectiveresponsibility. The national government, by legislative and othermeasures, must assist provinces to develop the administrative capacityrequired for the effective exercise of their powers and performance oftheir functions referred to in subsection (2).

(4) Anydispute concerning the administrative capacity of a province in regardto any function must be referred to the National Council of Provincesfor resolution within 30 days of the date of the referral to theCouncil.

(5) Subjectto section 100, the implementation of provincial legislation in aprovince is an exclusive provincial executive power.

(6) Theprovincial executive must act in accordance with ­

1. the Constitution;and

2. the provincialconstitution, if a constitution has been passed for the province.

Assignmentof functions 

126. Amember of the Executive Council of a province may assign any power orfunction that is to be exercised or performed in terms of an Act ofParliament or a provincial Act, to a Municipal Council. An assignment ­

1. must be in termsof an agreement between the relevant Executive Council member and theMunicipal Council;

2. must be consistentwith the Act in terms of which the relevant power or function isexercised or performed; and

3. takes effect uponproclamation by the Premier.

Powersand functions of Premiers 

127. (1)The Premier of a province has the powers and functions entrusted tothat office by the Constitution and any legislation.

(2) ThePremier of a province is responsible for ­

1. assenting to andsigning Bills;

2. referring a Billback to the provincial legislature for reconsideration of the Bill'sconstitutionality;

3. referring a Billto the Constitutional Court for a decision on the Bill'sconstitutionality;

4. summoning thelegislature to an extraordinary sitting to conduct special business;

5. appointingcommissions of inquiry; and<.LI>

6. calling areferendum in the province in accordance with national legislation.

Electionof Premiers 

128. (1) Atits first sitting after its election, and whenever necessary to fill avacancy, a provincial legislature must elect a woman or a man fromamong its members to be the Premier of the province.

(2) A judgedesignated by the President of the Constitutional Court must presideover the election of the Premier. The procedure set out in Part A ofSchedule 3 applies to the election of the Premier.

(3) Anelection to fill a vacancy in the office of Premier must be held at atime and on a date determined by the President of the ConstitutionalCourt, but not later than 30 days after the vacancy occurs.

Assumption of office by Premiers 

129. APremier-elect must assume office within five days of being elected, byswearing or affirming faithfulness to the Republic and obedience to theConstitution, in accordance with Schedule 2.

Term of office and removal of Premiers 

130. (1) APremier's term of office begins when the Premier assumes office andends upon a vacancy occurring or when the person next elected Premierassumes office.

(2) Noperson may hold office as Premier for more than two terms, but when aperson is elected to fill a vacancy in the office of Premier, theperiod between that election and the next election of a Premier is notregarded as a term.

(3) Thelegislature of a province, by a resolution adopted with a supportingvote of at least two thirds of its members, may remove the Premier fromoffice only on the grounds of ­

1. a seriousviolation of the Constitution or the law;

2. seriousmisconduct; or

3. inability toperform the functions of office.

(4) Anyone who hasbeen removed from the office of Premier in terms of subsection (3) (a)or (b) may not receive any benefits of that office, and may not servein any public office.

Acting Premiers 

131. (1)When the Premier is absent or otherwise unable to fulfil the duties ofthe office of Premier, or during a vacancy in the office of Premier, anoffice-bearer in the order below acts as the Premier:

1. A member of theExecutive Council designated by the Premier.

2. A member of theExecutive Council designated by the other members of the Council.

3. The Speaker, untilthe legislature designates one of its other members.

(2) An ActingPremier has the responsibilities, powers and functions of the Premier.

(3) Beforeassuming the responsibilities, powers and functions of the Premier, theActing Premier must swear or affirm faithfulness to the Republic andobedience to the Constitution, in accordance with Schedule 2.

Executive Councils 

132. (1)The Executive Council of a province consists of the Premier, as head ofthe Council, and no fewer than five and no more than ten membersappointed by the Premier from among the members of the provinciallegislature.

(2) ThePremier of a province appoints the members of the Executive Council,assigns their powers and functions, and may dismiss them.

Accountability and responsibilities 

133. (1)The members of the Executive Council of a province are responsible forthe functions of the executive assigned to them by the Premier.

(2) Membersof the Executive Council of a province are accountable collectively andindividually to the legislature for the exercise of their powers andthe performance of their functions.

(3) Membersof the Executive Council of a province must ­

1. act in accordancewith the Constitution and, if a provincial constitution has been passedfor the province, also that constitution; and

2. provide thelegislature with full and regular reports concerning matters undertheir control.

Continuationof Executive Councils after elections 

134. Whenan election of a provincial legislature is held, the Executive Counciland its members remain competent to function until the person electedPremier by the next legislature assumes office.

Oath or affirmation 

135. Beforemembers of the Executive Council of a province begin to perform theirfunctions, they must swear or affirm faithfulness to the Republic andobedience to the Constitution, in accordance with Schedule 2.

Conduct of members of Executive Councils 

136. (1)Members of the Executive Council of a province must act in accordancewith a code of ethics prescribed by national legislation.

(2) Membersof the Executive Council of a province may not ­

1. undertake anyother paid work;

2. act in any waythat is inconsistent with their office, or expose themselves to anysituation involving the risk of a conflict between their officialresponsibilities and private interests; or

3. use their positionor any information entrusted to them, to enrich themselves orimproperly benefit any other person.

Transferof functions 

137. ThePremier by proclamation may transfer to a member of the ExecutiveCouncil ­

1. the administrationof any legislation entrusted to another member; or

2. any power orfunction entrusted by legislation to another member.

Temporaryassignment of functions 

138. ThePremier of a province may assign to a member of the Executive Councilany power or function of another member who is absent from office or isunable to exercise that power or perform that function.

Provincial supervision of local government 

139. (1)When a municipality cannot or does not fulfil an executive obligationin terms of legislation, the relevant provincial executive mayintervene by taking any appropriate steps to ensure fulfilment of thatobligation, including ­

1. issuing adirective to the Municipal Council, describing the extent of thefailure to fulfil its obligations and stating any steps required tomeet its obligations; and

2. assumingresponsibility for the relevant obligation in that municipality to theextent necessary ­

   1. to maintainessential national standards or meet established minimum standards forthe rendering of a service;

   2. to prevent thatMunicipal Council from taking unreasonable action that is prejudicialto the interests of another municipality or to the province as a whole;or

   3. to maintaineconomic unity.

(2) If aprovincial executive intervenes in a municipality in terms ofsubsection (1)(b) ­

1. the interventionmust end unless it is approved by the Cabinet member responsible forlocal government affairs within 14 days of the intervention;

2. notice of theintervention must be tabled in the provincial legislature and in theNational Council of Provinces within 14 days of their respective firstsittings after the intervention began;

3. the interventionmust end unless it is approved by the Council within 30 days of itsfirst sitting after the intervention began; and

4. the Council mustreview the intervention regularly and make any appropriaterecommendations to the provincial executive.

(3) Nationallegislation may regulate the process established by this section.

Executive decisions 

140. (1) Adecision by the Premier of a province must be in writing if it ­

1. is taken in termsof legislation; or

2. has legalconsequences.

(2) A writtendecision by the Premier must be countersigned by another ExecutiveCouncil member if that decision concerns a function assigned to thatother member.

(3)Proclamations, regulations and other instruments of subordinatelegislation of a province must be accessible to the public.

(4)Provincial legislation may specify the manner in which, and the extentto which, instruments mentioned in subsection (3) must be ­

1. tabled in theprovincial legislature; and

2. approved by theprovincial legislature.

Motionsof no confidence 

141. (1) Ifa provincial legislature, by a vote supported by a majority of itsmembers, passes a motion of no confidence in the province's ExecutiveCouncil excluding the Premier, the Premier must reconstitute theCouncil.

(2) If aprovincial legislature, by a vote supported by a majority of itsmembers, passes a motion of no confidence in the Premier, the Premierand the other members of the Executive Council must resign.

Provincial Constitutions

Adoptionof provincial constitutions 

142. Aprovincial legislature may pass a constitution for the province or,where applicable, amend its constitution, if at least two thirds of itsmembers vote in favour of the Bill.

Contents of provincial constitutions 

143. (1) Aprovincial constitution, or constitutional amendment, must not beinconsistent with this Constitution, but may provide for ­

1. provinciallegislative or executive structures and procedures that differ fromthose provided for in this Chapter; or

2. the institution,role, authority and status of a traditional monarch, where applicable.

(2) Provisionsincluded in a provincial constitution or constitutional amendment interms of paragraphs (a) or (b) of subsection (1) ­

1. must comply withthe values in section 1 and with Chapter 3 ; and

2. may not confer onthe province any power or function that falls ­

   1. outside the areaof provincial competence in terms of Schedules 4 and 5; or

   2. outside the powersand functions conferred on the province by other sections of theConstitution.

Certificationof provincial constitutions

144. (1) Ifa provincial legislature has passed or amended a constitution, theSpeaker of the legislature must submit the text of the constitution orconstitutional amendment to the Constitutional Court for certification.

(2) No textof a provincial constitution or constitutional amendment becomes lawuntil the Constitutional Court has certified ­

1. that the text hasbeen passed in accordance with section 142; and

2. that the wholetext 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 aprovincial constitution or constitutional amendment that has beencertified by the Constitutional Court.

(2) Thetext assented to and signed by the Premier must be published in thenational Government Gazette and takes effect on publication or on alater date determined in terms of that constitution or amendment.

(3) Thesigned text of a provincial constitution or constitutional amendment isconclusive evidence of its provisions and, after publication, must beentrusted to the Constitutional Court for safekeeping.

Conflicting Laws

Conflictsbetween national and provincial legislation

146. (1)This section applies to a conflict between national legislation andprovincial legislation falling within a functional area listed inSchedule 4.

(2)National legislation that applies uniformly with regard to the countryas a whole prevails over provincial legislation if any of the followingconditions is met:

1. The nationallegislation deals with a matter that cannot be regulated effectively bylegislation enacted by the respective provinces individually.

2. The nationallegislation deals with a matter that, to be dealt with effectively,requires uniformity across the nation, and the national legislationprovides that uniformity by establishing ­

   1. norms andstandards;

   2. frameworks; or

   3. national policies.

3. The nationallegislation is necessary for ­

   1. the maintenance ofnational security;

   2. the maintenance ofeconomic unity;

   3. the protection ofthe common market in respect of the mobility of goods, services,capital and labour;

   4. the promotion ofeconomic activities across provincial boundaries;

   5. the promotion ofequal opportunity or equal access to government services; or

   6. the protection ofthe environment.

(3) Nationallegislation prevails over provincial legislation if the nationallegislation is aimed at preventing unreasonable action by a provincethat ­

1. is prejudicial tothe economic, health or security interests of another province or thecountry as a whole; or

2. impedes theimplementation of national economic policy.

(4) When there isa dispute concerning whether national legislation is necessary for apurpose set out in subsection (2)(c) and that dispute comes before acourt for resolution, the court must have due regard to the approval orthe rejection of the legislation by the National Council of Provinces.

(5)Provincial legislation prevails over national legislation if subsection(2) or (3) does not apply.

(6) A lawmade in terms of an Act of Parliament or a provincial Act can prevailonly if that law has been approved by the National Council ofProvinces.

(7) If theNational Council of Provinces does not reach a decision within 30 daysof its first sitting after a law was referred to it, that law must beconsidered for all purposes to have been approved by the Council.

(8) If theNational Council of Provinces does not approve a law referred to insubsection (6), it must, within 30 days of its decision, forwardreasons for not approving the law to the authority that referred thelaw to it.

Other conflicts 

147. (1) Ifthere is a conflict between national legislation and a provision of aprovincial constitution with regard to ­

1. a matterconcerning which this Constitution specifically requires or envisagesthe enactment of national legislation, the national legislationprevails over the affected provision of the provincial constitution;

2. nationallegislative intervention in terms of section 44(2), the nationallegislation prevails over the provision of the provincial constitution;or

3. a matter within afunctional area listed in Schedule 4, section 146 applies as if theaffected provision of the provincial constitution were provinciallegislation referred to in that section.

(2) Nationallegislation referred to in section 44(2) prevails over provinciallegislation in respect of matters within the functional areas listed inSchedule 5.

Conflicts that cannot be resolved 

148. If adispute concerning a conflict cannot be resolved by a court, thenational legislation prevails over the provincial legislation orprovincial constitution.

Status of legislation that does not prevail 

149. Adecision by a court that legislation prevails over other legislationdoes not invalidate that other legislation, but that other legislationbecomes inoperative for as long as the conflict remains.

Interpretation of conflicts 

150. Whenconsidering an apparent conflict between national and provinciallegislation, or between national legislation and a provincialconstitution, every court must prefer any reasonable interpretation ofthe legislation or constitution that avoids a conflict, over anyalternative interpretation that results in a conflict.

Chapter 7: Local Government

Status of municipalities

151. (1) The localsphere of government consists of municipalities, which must beestablished for the whole of the territory of the Republic.

(2) The executiveand legislative authority of a municipality is vested in its MunicipalCouncil.

(3) A municipalityhas the right to govern, on its own initiative, the local governmentaffairs of its community, subject to national and provinciallegislation, as provided for in the Constitution.

(4) The nationalor a provincial government may not compromise or impede amunicipality's ability or right to exercise its powers or perform itsfunctions.

Objects of local government

152. (1) Theobjects of local government are -

1. to providedemocratic and accountable government for local communities;

2. to ensure theprovision of services to communities in a sustainable manner;

3. to promote socialand economic development;

4. to promote a safeand healthy environment; and

5. to encourage theinvolvement of communities and community organisations in the mattersof local government.

(2) A municipalitymust strive, within its financial and administrative capacity, toachieve the objects set out in subsection (1).

Developmental duties of municipalities

153. Amunicipality must ­

1. structure andmanage its administration, and budgeting and planning processes to givepriority to the basic needs of the community, and to promote the socialand economic development of the community; and

2. participate innational and provincial development programmes.

Municipalities in co-operative government

154. (1) Thenational government and provincial governments, by legislative andother measures, must support and strengthen the capacity ofmunicipalities to manage their own affairs, to exercise their powersand to perform their functions.

(2) Draft nationalor provincial legislation that affects the status, institutions, powersor functions of local government must be published for public commentbefore it is introduced in Parliament or a provincial legislature, in amanner that allows organised local government, municipalities and otherinterested persons an opportunity to make representations with regardto the draft legislation.

Establishment of municipalities

155. (1) There arethe following categories of municipality:

1. Category A: A municipality that has exclusive municipalexecutive and legislative authority in its area.

2. Category B: A municipality that shares municipal executive andlegislative authority in its area with a category C municipality withinwhose area it falls.

3. Category C: A municipality that has municipal executive andlegislative authority in an area that includes more than onemunicipality.

(2) Nationallegislation must define the different types of municipality that may beestablished within each category.

(3) Nationallegislation must ­

1. establish thecriteria for determining when an area should have a single category Amunicipality or when it should have municipalities of both category Band category C;

2. establish criteriaand procedures for the determination of municipal boundaries by anindependent authority; and

3. subject to section229, make provision for an appropriate division of powers and functionsbetween municipalities when an area has municipalities of both categoryB and category C. A division of powers and functions between a categoryB municipality and a category C municipality may differ from thedivision of powers and functions between another category Bmunicipality and that category C municipality.

(4) Thelegislation referred to in subsection (3) must take into account theneed to provide municipal services in an equitable and sustainablemanner.

(5) Provinciallegislation must determine the different types of municipality to beestablished in the province.

(6) Eachprovincial government must establish municipalities in its province ina manner consistent with the legislation enacted in terms ofsubsections (2) and (3) and, by legislative or other measures, must ­

1. provide for themonitoring and support of local government in the province; and

2. promote thedevelopment of local government capacity to enable municipalities toperform their functions and manage their own affairs.

(7) The nationalgovernment, subject to section 44, and the provincial governments havethe legislative and executive authority to see to the effectiveperformance by municipalities of their functions in respect of matterslisted in Schedules 4 and 5, by regulating the exercise bymunicipalities of their executive authority referred to in section156(1).

Powers and functions of municipalities

156. (1) Amunicipality has executive authority in respect of, and has the rightto administer ­

1. the localgovernment matters listed in Part B of Schedule 4 and Part B ofSchedule 5; and

2. any other matterassigned to it by national or provincial legislation.

(2) A municipalitymay make and administer by-laws for the effective administration of thematters which it has the right to administer.

(3) Subject tosection 151(4), a by-law that conflicts with national or provinciallegislation is invalid. If there is a conflict between a by-law andnational or provincial legislation that is inoperative because of aconflict referred to in section 149, the by-law must be regarded asvalid for as long as that legislation is inoperative.

(4) The nationalgovernment and provincial governments must assign to a municipality, byagreement and subject to any conditions, the administration of a matterlisted in Part A of Schedule 4 or Part A of Schedule 5 whichnecessarily relates to local government, if ­

1. that matter wouldmost effectively be administered locally; and

2. the municipalityhas the capacity to administer it.

(5) A municipalityhas the right to exercise any power concerning a matter reasonablynecessary for, or incidental to, the effective performance of itsfunctions.

Composition and election of Municipal Councils

157. (1) AMunicipal Council consists of ­

1. members elected inaccordance with subsections (2), (3), (4) and (5); or

2. if provided for bynational legislation ­

   1. members appointedby other Municipal Councils to represent those other Councils; or

   2. both memberselected in accordance with paragraph (a) and members appointed inaccordance with subparagraph (i) of this paragraph.

(2) The electionof members to a Municipal Council as anticipated in subsection (1)(a)must be in accordance with national legislation, which must prescribe asystem ­

1. of proportionalrepresentation based on that municipality's segment of the nationalcommon voters roll, and which provides for the election of members fromlists of party candidates drawn up in a party's order of preference; or

2. of proportionalrepresentation as described in paragraph (a) combined with a system ofward representation based on that municipality's segment of thenational common voters roll.

(3) An electoralsystem in terms of subsection (2) must ensure that the total number ofmembers elected from each party reflects the total proportion of thevotes recorded for those parties.

(4) If theelectoral system includes ward representation, the delimitation ofwards must be done by an independent authority appointed in terms of,and operating according to, procedures and criteria prescribed bynational legislation.

(5) A person mayvote in a municipality only if that person is registered on thatmunicipality's segment of the national common voters roll.

(6) The nationallegislation referred to in subsection (1)(b) must establish a systemthat allows for parties and interests reflected within the MunicipalCouncil making the appointment, to be fairly represented in theMunicipal Council to which the appointment is made.

Membership of Municipal Councils

158. (1) Everycitizen who is qualified to vote for a Municipal Council is eligible tobe a member of that Council, except ­

1. anyone who isappointed by, or is in the service of, the municipality and receivesremuneration for that appointment or service, and who has not beenexempted from this disqualification in terms of national legislation;

2. anyone who isappointed by, or is in the service of, the state in another sphere, andreceives remuneration for that appointment or service, and who has beendisqualified from membership of a Municipal Council in terms ofnational legislation;

3. anyone who isdisqualified from voting for the National Assembly or is disqualifiedin terms of section 47(1)(c), (d) or (e) from being a member of theAssembly;

4. a member of theNational Assembly, a delegate to the National Council of Provinces or amember of a provincial legislature; but this disqualification does notapply to a member of a Municipal Council representing local governmentin the National Council; or

5. a member ofanother Municipal Council; but this disqualification does not apply toa member of a Municipal Council representing that Council in anotherMunicipal Council of a different category.

(2) A person whois not eligible to be a member of a Municipal Council in terms ofsubsection (1)(a), (b),(d) or (e) may be a candidate for the Council,subject to any limits or conditions established by nationallegislation.

Terms of Municipal Councils

159. The term of aMunicipal Council may be no more than four years, as determined bynational legislation.

Internal procedures

160. (1) AMunicipal Council ­

1. makes decisionsconcerning the exercise of all the powers and the performance of allthe functions of the municipality;

2. must elect itschairperson;

3. may elect anexecutive committee and other committees, subject to nationallegislation; and

4. may employpersonnel that are necessary for the effective performance of itsfunctions.

(2) The followingfunctions may not be delegated by a Municipal Council:

1. The passing ofby-laws;

2. the approval ofbudgets;

3. the imposition ofrates and other taxes, levies and duties; and

4. the raising ofloans.

(3)

1. A majority of themembers of a Municipal Council must be present before a vote may betaken on any matter.

2. All questionsconcerning matters mentioned in subsection (2) are determined by adecision taken by a Municipal Council with a supporting vote of amajority of its members.

3. All otherquestions before a Municipal Council are decided by a majority of thevotes cast.

(4) No by-law maybe passed by a Municipal Council unless ­

1. all the members ofthe Council have been given reasonable notice; and

2. the proposedby-law has been published for public comment.

(5) Nationallegislation may provide criteria for determining ­

1. the size of aMunicipal Council;

2. whether MunicipalCouncils may elect an executive committee or any other committee; or

3. the size of theexecutive committee or any other committee of a Municipal Council.

(6) A MunicipalCouncil may make by-laws which prescribe rules and orders for ­

1. its internalarrangements;

2. its business andproceedings; and

3. the establishment,composition, procedures, powers and functions of its committees.

(7) A MunicipalCouncil must conduct its business in an open manner, and may close itssittings, or those of its committees, only when it is reasonable to doso having regard to the nature of the business being transacted.

(8) Members of aMunicipal Council are entitled to participate in its proceedings andthose of its committees in a manner that ­

1. allows parties andinterests reflected within the Council to be fairly represented;

2. is consistent withdemocracy; and

3. may be regulatedby national legislation.

Privilege

161. Provinciallegislation within the framework of national legislation may providefor privileges and immunities of Municipal Councils and their members.

Publication of municipal by-laws

162. (1) Amunicipal by-law may be enforced only after it has been published inthe official gazette of the relevant province.

(2) A provincialofficial gazette must publish a municipal by-law upon request by themunicipality.

(3) Municipalby-laws must be accessible to the public.

Organised local government

163. An Act ofParliament enacted in accordance with the procedure established bysection 76 must ­

1. provide for therecognition of national and provincial organisations representingmunicipalities; and

2. determineprocedures by which local government may ­

   1. consult with thenational or a provincial government;

   2. designaterepresentatives to participate in the National Council of Provinces;and

   3. nominate personsto the Financial and Fiscal Commission.

Other matters

164. Any matterconcerning local government not dealt with in the Constitution may beprescribed by national legislation or by provincial legislation withinthe framework of national legislation.

Chapter 8: Courts and Administration ofJustice

Judicial authority

165. (1) Thejudicial authority of the Republic is vested in the courts.

(2) The courts areindependent and subject only to the Constitution and the law, whichthey must apply impartially and without fear, favour or prejudice.

(3) No person ororgan of state may interfere with the functioning of the courts.

(4) Organs ofstate, through legislative and other measures, must assist and protectthe courts to ensure the independence, impartiality, dignity,accessibility and effectiveness of the courts.

(5) An order ordecision issued by a court binds all persons to whom and organs ofstate to which it applies.

Judicial system

166. The courtsare ­

1. the ConstitutionalCourt;

2. the Supreme Courtof Appeal;

3. the High Courts,including any high court of appeal that may be established by an Act ofParliament to hear appeals from High Courts;

4. the Magistrates'Courts; and

5. any other courtestablished or recognised in terms of an Act of Parliament, includingany court of a status similar to either the High Courts or theMagistrates' Courts.

Constitutional Court

167. (1) TheConstitutional Court consists of a President, a Deputy President andnine other judges.

(2) A matterbefore the Constitutional Court must be heard by at least eight judges.

(3) TheConstitutional Court ­

1. is the highestcourt in all constitutional matters;

2. may decide onlyconstitutional matters, and issues connected with decisions onconstitutional matters; and

3. makes the finaldecision whether a matter is a constitutional matter or whether anissue is connected with a decision on a constitutional matter.

(4) Only theConstitutional Court may ­

1. decide disputesbetween organs of state in the national or provincial sphere concerningthe constitutional status, powers or functions of any of those organsof state;

2. decide on theconstitutionality of any parliamentary or provincial Bill, but may doso only in the circumstances anticipated in section 79 or 121;

3. decideapplications envisaged in section 80 or 122;

4. decide on theconstitutionality of any amendment to the Constitution;

5. decide thatParliament or the President has failed to fulfil a constitutionalobligation; or

6. certify aprovincial constitution in terms of section 144.

(5) TheConstitutional Court makes the final decision whether an Act ofParliament, a provincial Act or conduct of the President isconstitutional, and must confirm any order of invalidity made by theSupreme Court of Appeal, a High Court, or a court of similar status,before that order has any force.

(6) Nationallegislation or the rules of the Constitutional Court must allow aperson, when it is in the interests of justice and with leave of theConstitutional Court ­

1. to bring a matterdirectly to the Constitutional Court; or

2. to appeal directlyto the Constitutional Court from any other court.

(7) Aconstitutional matter includes any issue involving the interpretation,protection or enforcement of the Constitution.

Supreme Court of Appeal

168. (1) TheSupreme Court of Appeal consists of a Chief Justice, a Deputy ChiefJustice and the number of judges of appeal determined by an Act ofParliament.

(2) A matterbefore the Supreme Court of Appeal must be decided by the number ofjudges determined by an Act of Parliament.

(3) The SupremeCourt of Appeal may decide appeals in any matter. It is the highestcourt of appeal except in constitutional matters, and may decide only ­

1. appeals;

2. issues connectedwith appeals; and

3. any other matterthat may be referred to it in circumstances defined by an Act ofParliament.

High Courts

169. A High Courtmay decide ­

1. any constitutionalmatter except a matter that ­

   1. only theConstitutional Court may decide; or

   2. is assigned by anAct of Parliament to another court of a status similar to a High Court;and

2. any other matternot assigned to another court by an Act of Parliament.

Magistrates' Courts and other courts

170. Magistrates'Courts and all other courts may decide any matter determined by an Actof Parliament, but a court of a status lower than a High Court may notenquire into or rule on the constitutionality of any legislation or anyconduct of the President.

Court procedures

171. All courtsfunction in terms of national legislation, and their rules andprocedures must be provided for in terms of national legislation.

Powers of courts in constitutional matters

172. (1) Whendeciding a constitutional matter within its power, a court ­

1. must declare thatany law or conduct that is inconsistent with the Constitution isinvalid to the extent of its inconsistency; and

2. may make any orderthat is just and equitable, including ­

   1. an order limitingthe retrospective effect of the declaration of invalidity; and

   2. an ordersuspending the declaration of invalidity for any period and on anyconditions, to allow the competent authority to correct the defect.

(2)

1. The Supreme Courtof Appeal, a High Court or a court of similar status may make an orderconcerning the constitutional validity of an Act of Parliament, aprovincial Act or any conduct of the President, but an order ofconstitutional invalidity has no force unless it is confirmed by theConstitutional Court.

2. A court whichmakes an order of constitutional invalidity may grant a temporaryinterdict or other temporary relief to a party, or may adjourn theproceedings, pending a decision of the Constitutional Court on thevalidity of that Act or conduct.

3. Nationallegislation must provide for the referral of an order of constitutionalinvalidity to the Constitutional Court.

4. Any person ororgan of state with a sufficient interest may appeal, or apply,directly to the Constitutional Court to confirm or vary an order ofconstitutional invalidity by a court in terms of this subsection.

Inherent power

173. TheConstitutional Court, Supreme Court of Appeal and High Courts have theinherent power to protect and regulate their own process, and todevelop the common law, taking into account the interests of justice.

Appointment of judicial officers

174. (1) Anyappropriately qualified woman or man who is a fit and proper person maybe appointed as a judicial officer. Any person to be appointed to theConstitutional Court must also be a South African citizen.

(2) The need forthe judiciary to reflect broadly the racial and gender composition ofSouth Africa must be considered when judicial officers are appointed.

(3) The Presidentas head of the national executive, after consulting the JudicialService Commission and the leaders of parties represented in theNational Assembly, appoints the President and Deputy President of theConstitutional Court and, after consulting the Judicial ServiceCommission, appoints the Chief Justice and Deputy Chief Justice.

(4) The otherjudges of the Constitutional Court are appointed by the President, ashead of the national executive, after consulting the President of theConstitutional Court and the leaders of parties represented in theNational Assembly, in accordance with the following procedure:

1. The JudicialService Commission must prepare a list of nominees with three namesmore than the number of appointments to be made, and submit the list tothe President.

2. The President maymake appointments from the list, and must advise the Judicial ServiceCommission, with reasons, if any of the nominees are unacceptable andany appointment remains to be made.

3. The JudicialService Commission must supplement the list with further nominees andthe President must make the remaining appointments from thesupplemented list.

(5) At all times,at least four members of the Constitutional Court must be persons whowere judges at the time they were appointed to the ConstitutionalCourt.

(6) The Presidentmust appoint the judges of all other courts on the advice of theJudicial Service Commission.

(7) Other judicialofficers must be appointed in terms of an Act of Parliament which mustensure that the appointment, promotion, transfer or dismissal of, ordisciplinary steps against, these judicial officers take place withoutfavour or prejudice.

(8) Beforejudicial officers begin to perform their functions, they must take anoath or affirm, in accordance with Schedule 2, that they will upholdand protect the Constitution.

Acting judges

175. (1) ThePresident may appoint a woman or a man to be an acting judge of theConstitutional Court if there is a vacancy or if a judge is absent. Theappointment must be made on the recommendation of the Cabinet memberresponsible for the administration of justice acting with theconcurrence of the President of the Constitutional Court and the ChiefJustice.

(2) The Cabinetmember responsible for the administration of justice must appointacting judges to other courts after consulting the senior judge of thecourt on which the acting judge will serve.

Terms of office and remuneration

176. (1) AConstitutional Court judge is appointed for a non-renewable term of 12years, but must retire at the age of 70.

(2) Other judgeshold office until they are discharged from active service in terms ofan Act of Parliament.

(3) The salaries,allowances and benefits of judges may not be reduced.

Removal

177. (1) A judgemay be removed from office only if ­

1. the JudicialService Commission finds that the judge suffers from an incapacity, isgrossly incompetent or is guilty of gross misconduct; and

2. the NationalAssembly calls for that judge to be removed, by a resolution adoptedwith a supporting vote of at least two thirds of its members.

(2) The Presidentmust remove a judge from office upon adoption of a resolution callingfor that judge to be removed.

(3) The President,on the advice of the Judicial Service Commission, may suspend a judgewho is the subject of a procedure in terms of subsection (1).

Judicial Service Commission

178. (1) There isa Judicial Service Commission consisting of ­

1. the Chief Justice,who presides at meetings of the Commission;

2. the President ofthe Constitutional Court;

3. one JudgePresident designated by the Judges President;

4. the Cabinet memberresponsible for the administration of justice, or an alternatedesignated by that Cabinet member;

5. two practisingadvocates nominated from within the advocates' profession to representthe profession as a whole, and appointed by the President;

6. two practisingattorneys nominated from within the attorneys' profession to representthe profession as a whole, and appointed by the President;

7. one teacher of lawdesignated by teachers of law at South African universities;

8. six personsdesignated by the National Assembly from among its members, at leastthree of whom must be members of opposition parties represented in theAssembly;

9. four permanentdelegates to the National Council of Provinces designated together bythe Council with a supporting vote of at least six provinces;

10. four personsdesignated by the President as head of the national executive, afterconsulting the leaders of all the parties in the National Assembly; and

11. when consideringmatters specifically relating to a provincial or local division of theHigh Court, the Judge President of that division and the Premier, or analternate designated by the Premier, of the province concerned.

(2) If the numberof persons nominated from within the advocates' or attorneys'profession in terms of subsection (1)(e) or (f) equals the number ofvacancies to be filled, the President must appoint them. If the numberof persons nominated exceeds the number of vacancies to be filled, thePresident, after consulting the relevant profession, must appointsufficient of the nominees to fill the vacancies, taking into accountthe need to ensure that those appointed represent the profession as awhole.

(3) Members of theCommission designated by the National Council of Provinces serve untilthey are replaced together, or until any vacancy occurs in theirnumber. Other members who were designated or nominated to theCommission serve until they are replaced by those who designated ornominated them.

(4) The JudicialService Commission has the powers and functions assigned to it in theConstitution and national legislation.

(5) The JudicialService Commission may advise the national government on any matterrelating to the judiciary or the administration of justice, but when itconsiders any matter except the appointment of a judge, it must sitwithout the members designated in terms of subsection (1) (h) and (i).

(6) The JudicialService Commission may determine its own procedure, but decisions ofthe Commission must be supported by a majority of its members.

Prosecuting authority

179. (1) There isa single national prosecuting authority in the Republic, structured interms of an Act of Parliament, and consisting of ­

1. a NationalDirector of Public Prosecutions, who is the head of the prosecutingauthority, and is appointed by the President, as head of the nationalexecutive; and

2. Directors ofPublic Prosecutions and prosecutors as determined by an Act ofParliament.

(2) Theprosecuting authority has the power to institute criminal proceedingson behalf of the state, and to carry out any necessary functionsincidental to instituting criminal proceedings.

(3) Nationallegislation must ensure that the Directors of Public Prosecutions ­

1. are appropriatelyqualified; and

2. are responsiblefor prosecutions in specific jurisdictions, subject to subsection (5).

(4) Nationallegislation must ensure that the prosecuting authority exercises itsfunctions without fear, favour or prejudice.

(5) The NationalDirector of Public Prosecutions ­

1. must determine,with the concurrence of the Cabinet member responsible for theadministration of justice, and after consulting the Directors of PublicProsecutions, prosecution policy, which must be observed in theprosecution process;

2. must issue policydirectives which must be observed in the prosecution process;

3. may intervene inthe prosecution process when policy directives are not complied with;and

4. may review adecision to prosecute or not to prosecute, after consulting therelevant Director of Public Prosecutions and after takingrepresentations within a period specified by the National Director ofPublic Prosecutions, from the following:

   1. The accusedperson.

   2. The complainant.

   3. Any other personor party whom the National Director considers to be relevant.

(6) The Cabinetmember responsible for the administration of justice must exercisefinal responsibility over the prosecuting authority.

(7) All othermatters concerning the prosecuting authority must be determined bynational legislation.

Other matters concerning administration of justice

180. Nationallegislation may provide for any matter concerning the administration ofjustice that is not dealt with in the Constitution, including ­

1. trainingprogrammes for judicial officers;

2. procedures fordealing with complaints about judicial officers; and

3. the participationof people other than judicial officers in court decisions.

Chapter 9: State Institutions SupportingConstitutional Democracy

Establishment and governing principles

181. (1)The following state institutions strengthen constitutional democracy inthe Republic:

1. The PublicProtector.

2. The Human RightsCommission.

3. The Commission forthe Promotion and Protection of the Rights of Cultural, Religious andLinguistic Communities.

4. The Commission forGender Equality.

5. TheAuditor-General.

6. The ElectoralCommission.

(2) Theseinstitutions are independent, and subject only to the Constitution andthe law, and they must be impartial and must exercise their powers andperform their functions without fear, favour or prejudice.

(3) Otherorgans of state, through legislative and other measures, must assistand protect these institutions to ensure the independence,impartiality, dignity and effectiveness of these institutions.

(4) Noperson or organ of state may interfere with the functioning of theseinstitutions.

(5) Theseinstitutions are accountable to the National Assembly, and must reporton their activities and the performance of their functions to theAssembly at least once a year.

Public Protector

Functions of Public Protector

182. (1)The Public Protector has the power, as regulated by nationallegislation ­

1. to investigate anyconduct in state affairs, or in the public administration in any sphereof government, that is alleged or suspected to be improper or to resultin any impropriety or prejudice;

2. to report on thatconduct; and

3. to takeappropriate remedial action.

(2) ThePublic Protector has the additional powers and functions prescribed bynational legislation.

(3) ThePublic Protector may not investigate court decisions.

(4) ThePublic Protector must be accessible to all persons and communities.

(5) Anyreport issued by the Public Protector must be open to the public unlessexceptional circumstances, to be determined in terms of nationallegislation, require that a report be kept confidential.

Tenure

183. ThePublic Protector is appointed for a non-renewable period of sevenyears.

Human Rights Commission

Functions of Human Rights Commission

184. (1)The Human Rights Commission must ­

1. (a) promoterespect for human rights and a culture of human rights;

2. (b) promote theprotection, development and attainment of human rights; and

3. (c) monitor andassess the observance of human rights in the Republic.

(2) TheHuman Rights Commission has the powers, as regulated by nationallegislation, necessary to perform its functions, including the power ­

1. to investigate andto report on the observance of human rights;

2. to take steps tosecure appropriate redress where human rights have been violated;

3. to carry outresearch; and

4. to educate.

(3) Eachyear, the Human Rights Commission must require relevant organs of stateto provide the Commission with information on the measures that theyhave taken towards the realisation of the rights in the Bill of Rightsconcerning housing, health care, food, water, social security,education and the environment.

(4) TheHuman Rights Commission has the additional powers and functionsprescribed by national legislation.

Commission for the Promotionand Protection of the Rights of
Cultural, Religious and Linguistic Communities

Functions of Commission

185. (1)The primary objects of the Commission for the Promotion and Protectionof the Rights of Cultural, Religious and Linguistic Communities are ­

1. to promote respectfor the rights of cultural, religious and linguistic communities;

2. to promote anddevelop peace, friendship, humanity, tolerance and national unity amongcultural, religious and linguistic communities, on the basis ofequality, non-discrimination and free association; and

3. to recommend theestablishment or recognition, in accordance with national legislation,of a cultural or other council or councils for a community orcommunities in South Africa.

(2) TheCommission has the power, as regulated by national legislation,necessary to achieve its primary objects, including the power tomonitor, investigate, research, educate, lobby, advise and report onissues concerning the rights of cultural, religious and linguisticcommunities.

(3) TheCommission may report any matter which falls within its powers andfunctions to the Human Rights Commission for investigation.

(4) TheCommission has the additional powers and functions prescribed bynational legislation.

Composition of Commission

186. (1)The number of members of the Commission for the Promotion andProtection of the Rights of Cultural, Religious and LinguisticCommunities and their appointment and terms of office must beprescribed by national legislation.

(2) Thecomposition of the Commission must-

1. be broadlyrepresentative of the main cultural, religious and linguisticcommunities in South Africa; and

2. broadly reflectthe gender composition of South Africa.

Commission for GenderEquality

Functions of Commission for Gender Equality

187. (1)The Commission for Gender Equality must promote respect for genderequality and the protection, development and attainment of genderequality.

(2) TheCommission for Gender Equality has the power, as regulated by nationallegislation, necessary to perform its functions, including the power tomonitor, investigate, research, educate, lobby, advise and report onissues concerning gender equality.

(3) TheCommission for Gender Equality has the additional powers and functionsprescribed by national legislation.

Auditor-General

Functions of Auditor-General

188. (1)The Auditor-General must audit and report on the accounts, financialstatements and financial management of ­

1. all national andprovincial state departments and administrations;

2. allmunicipalities; and

3. any otherinstitution or accounting entity required by national or provinciallegislation to be audited by the Auditor-General.

(2) Inaddition to the duties prescribed in subsection (1), and subject to anylegislation, the Auditor-General may audit and report on the accounts,financial statements and financial management of ­

1. any institutionfunded from the National Revenue Fund or a Provincial Revenue Fund orby a municipality; or

2. any institutionthat is authorised in terms of any law to receive money for a publicpurpose.

(3) TheAuditor-General must submit audit reports to any legislature that has adirect interest in the audit, and to any other authority prescribed bynational legislation. All reports must be made public.

(4) TheAuditor-General has the additional powers and functions prescribed bynational legislation.

Tenure

189. TheAuditor-General must be appointed for a fixed, non-renewable term ofbetween five and ten years.

Electoral Commission

Functions of Electoral Commission

190. (1)The Electoral Commission must ­

1. manage electionsof national, provincial and municipal legislative bodies in accordancewith national legislation;

2. ensure that thoseelections are free and fair; and

3. declare theresults of those elections within a period that must be prescribed bynational legislation and that is as short as reasonably possible.

(2) TheElectoral Commission has the additional powers and functions prescribedby national legislation.

Composition of Electoral Commission

191. TheElectoral Commission must be composed of at least three persons. Thenumber of members and their terms of office must be prescribed bynational legislation.

Independent Authority toRegulate Broadcasting

Broadcasting Authority

192.National legislation must establish an independent authority toregulate broadcasting in the public interest, and to ensure fairnessand a diversity of views broadly representing South African society.

General Provisions

Appointments

193. (1)The Public Protector and the members of any Commission established bythis Chapter must be women or men who ­

1. are South Africancitizens;

2. are fit and properpersons to hold the particular office; and

3. comply with anyother requirements prescribed by national legislation.

(2) Theneed for a Commission established by this Chapter to reflect broadlythe race and gender composition of South Africa must be considered whenmembers are appointed.

(3) TheAuditor-General must be a woman or a man who is a South African citizenand a fit and proper person to hold that office. Specialised knowledgeof, or experience in, auditing, state finances and publicadministration must be given due regard in appointing theAuditor-General.

(4) ThePresident, on the recommendation of the National Assembly, must appointthe Public Protector, the Auditor-General and the members of ­

1. the Human RightsCommission;

2. the Commission forGender Equality; and

3. the ElectoralCommission.

(5) TheNational Assembly must recommend persons ­

1. nominated by acommittee of the Assembly proportionally composed of members of allparties represented in the Assembly; and

2. approved by theAssembly by a resolution adopted with a supporting vote ­

   1. of at least 60 percent of the members of the Assembly, if the recommendation concerns theappointment of the Public Protector or the Auditor-General; or

   2. of a majority ofthe members of the Assembly, if the recommendation concerns theappointment of a member of a Commission.

(6) Theinvolvement of civil society in the recommendation process may beprovided for as envisaged in section 59(1)(a).

Removal from office

194. (1)The Public Protector, the Auditor-General or a member of a Commissionestablished by this Chapter may be removed from office only on ­

1. the ground ofmisconduct, incapacity or incompetence;

2. a finding to thateffect by a committee of the National Assembly; and

3. the adoption bythe Assembly of a resolution calling for that person's removal fromoffice.

(2) Aresolution of the National Assembly concerning the removal from officeof ­

1. the PublicProtector or the Auditor-General must be adopted with a supporting voteof at least two thirds of the members of the Assembly; or

2. a member of aCommission must be adopted with a supporting vote of a majority of themembers of the Assembly.

(3) ThePresident ­

1. may suspend aperson from office at any time after the start of the proceedings of acommittee of the National Assembly for the removal of that person; and

2. must remove aperson from office upon adoption by the Assembly of the resolutioncalling for that person's removal.

Chapter 10: Public Administration

Basic values and principles governing publicadministration

195. (1) Publicadministration must be governed by the democratic values and principlesenshrined in the Constitution, including the following principles:

1. A high standard ofprofessional ethics must be promoted and maintained.

2. Efficient,economic and effective use of resources must be promoted.

3. Publicadministration must be development-oriented.

4. Services must beprovided impartially, fairly, equitably and without bias.

5. People's needsmust be responded to, and the public must be encouraged to participatein policy-making.

6. Publicadministration must be accountable.

7. Transparency mustbe fostered by providing the public with timely, accessible andaccurate information.

8. Goodhuman-resource management and career-development practices, to maximisehuman potential, must be cultivated.

9. Publicadministration must be broadly representative of the South Africanpeople, with employment and personnel management practices based onability, objectivity, fairness, and the need to redress the imbalancesof the past to achieve broad representation.

(2) The aboveprinciples apply to ­

1. administration inevery sphere of government;

2. organs of state;and

3. publicenterprises.

(3) Nationallegislation must ensure the promotion of the values and principleslisted in subsection (1).

(4) Theappointment in public administration of a number of persons on policyconsiderations is not precluded, but national legislation must regulatethese appointments in the public service.

(5) Legislationregulating public administration may differentiate between differentsectors, administrations or institutions.

(6) The nature andfunctions of different sectors, administrations or institutions ofpublic administration are relevant factors to be taken into account inlegislation regulating public administration.

Public Service Commission

196. (1) There isa single Public Service Commission for the Republic.

(2) The Commissionis independent and must be impartial, and must exercise its powers andperform its functions without fear, favour or prejudice in the interestof the maintenance of effective and efficient public administration anda high standard of professional ethics in the public service. TheCommission must be regulated by national legislation.

(3) Other organsof state, through legislative and other measures, must assist andprotect the Commission to ensure the independence, impartiality,dignity and effectiveness of the Commission. No person or organ ofstate may interfere with the functioning of the Commission.

(4) The powers andfunctions of the Commission are -

1. to promote thevalues and principles set out in section 195, throughout the publicservice;

2. to investigate,monitor and evaluate the organisation and administration, and thepersonnel practices, of the public service;

3. to proposemeasures to ensure effective and efficient performance within thepublic service;

4. to give directionsaimed at ensuring that personnel procedures relating to recruitment,transfers, promotions and dismissals comply with the values andprinciples set out in section 195;

5. to report inrespect of its activities and the performance of its functions,including any finding it may make and directions and advice it maygive, and to provide an evaluation of the extent to which the valuesand principles set out in section 195 are complied with; and

6. either of its ownaccord or on receipt of any complaint ­

   1. to investigate andevaluate the application of personnel and public administrationpractices, and to report to the relevant executive authority andlegislature;

   2. to investigategrievances of employees in the public service concerning official actsor omissions, and recommend appropriate remedies;

   3. to monitor andinvestigate adherence to applicable procedures in the public service;and

   4. to advise nationaland provincial organs of state regarding personnel practices in thepublic service, including those relating to the recruitment,appointment, transfer, discharge and other aspects of the careers ofemployees in the public service.

(5) The Commissionis accountable to the National Assembly.

(6) The Commissionmust report at least once a year in terms of subsection (4)(e) ­

1. to the NationalAssembly; and

2. in respect of itsactivities in a province, to the legislature of that province.

(7) The Commissionhas the following 14 commissioners appointed by the President:

1. Five commissionersapproved by the National Assembly in accordance with subsection (8)(a);and

2. one commissionerfor each province nominated by the Premier of the province inaccordance with subsection (8)(b).

(8)

1. A commissionerappointed in terms of subsection (7)(a) must be ­

   1. recommended by acommittee of the National Assembly that is proportionally composed ofmembers of all parties represented in the Assembly; and

   2. approved by theAssembly by a resolution adopted with a supporting vote of a majorityof its members.

2. A commissionernominated by the Premier of a province must be ­

   1. recommended by acommittee of the provincial legislature that is proportionally composedof members of all parties represented in the legislature; and

   2. approved by thelegislature by a resolution adopted with a supporting vote of amajority of its members.

(9) An Act ofParliament must regulate the procedure for the appointment ofcommissioners.

(10) Acommissioner is appointed for a term of five years, which is renewablefor one additional term only, and must be a woman or a man who is ­

1. a South Africancitizen; and

2. a fit and properperson with knowledge of, or experience in, administration, managementor the provision of public services.

(11) Acommissioner may be removed from office only on ­

1. the ground ofmisconduct, incapacity or incompetence;

2. a finding to thateffect by a committee of the National Assembly or, in the case of acommissioner nominated by the Premier of a province, by a committee ofthe legislature of that province; and

3. the adoption bythe Assembly or the provincial legislature concerned, of a resolutionwith a supporting vote of a majority of its members calling for thecommissioner's removal from office.

(12) The Presidentmust remove the relevant commissioner from office upon ­

1. the adoption bythe Assembly of a resolution calling for that commissioner's removal;or

2. writtennotification by the Premier that the provincial legislature has adopteda resolution calling for that commissioner's removal.

(13) Commissionersreferred to in subsection (7)(b) may exercise the powers and performthe functions of the Commission in their provinces as prescribed bynational legislation.

Public Service

197. (1) Withinpublic administration there is a public service for the Republic, whichmust function, and be structured, in terms of national legislation, andwhich must loyally execute the lawful policies of the government of theday.

(2) The terms andconditions of employment in the public service must be regulated bynational legislation. Employees are entitled to a fair pension asregulated by national legislation.

(3) No employee ofthe public service may be favoured or prejudiced only because thatperson supports a particular political party or cause.

(4) Provincialgovernments are responsible for the recruitment, appointment,promotion, transfer and dismissal of members of the public service intheir administrations within a framework of uniform norms and standardsapplying to the public service.

Chapter 11: Security Services

Governing principles

198. Thefollowing principles govern national security in the Republic:

1. National securitymust reflect the resolve of South Africans, as individuals and as anation, to live as equals, to live in peace and harmony, to be freefrom fear and want and to seek a better life.

2. The resolve tolive in peace and harmony precludes any South African citizen fromparticipating in armed conflict, nationally or internationally, exceptas provided for in terms of the Constitution or national legislation.

3. National securitymust be pursued in compliance with the law, including internationallaw.

4. National securityis subject to the authority of Parliament and the national executive.

Establishment, structuring and conduct of securityservices

199. (1)The security services of the Republic consist of a single defenceforce, a single police service and any intelligence servicesestablished in terms of the Constitution.

(2) Thedefence force is the only lawful military force in the Republic.

(3) Otherthan the security services established in terms of the Constitution,armed organisations or services may be established only in terms ofnational legislation.

(4) Thesecurity services must be structured and regulated by nationallegislation.

(5) Thesecurity services must act, and must teach and require their members toact, in accordance with the Constitution and the law, includingcustomary international law and international agreements binding on theRepublic.

(6) Nomember of any security service may obey a manifestly illegal order.

(7) Neitherthe security services, nor any of their members, may, in theperformance of their functions ­

1. prejudice apolitical party interest that is legitimate in terms of theConstitution; or

2. further, in apartisan manner, any interest of a political party.

(8) To giveeffect to the principles of transparency and accountability,multi-party parliamentary committees must have oversight of allsecurity services in a manner determined by national legislation or therules and orders of Parliament.

Defence

Defence force

200. (1)The defence force must be structured and managed as a disciplinedmilitary force.

(2) Theprimary object of the defence force is to defend and protect theRepublic, its territorial integrity and its people in accordance withthe Constitution and the principles of international law regulating theuse of force.

Political responsibility

201. (1) Amember of the Cabinet must be responsible for defence.

(2) Onlythe President, as head of the national executive, may authorise theemployment of the defence force ­

1. in co-operationwith the police service;

2. in defence of theRepublic; or

3. in fulfilment ofan international obligation.

(3) Whenthe defence force is employed for any purpose mentioned in subsection(2), the President must inform Parliament, promptly and in appropriatedetail, of ­

1. the reasons forthe employment of the defence force;

2. any place wherethe force is being employed;

3. the number ofpeople involved; and

4. the period forwhich the force is expected to be employed.

(4) IfParliament does not sit during the first seven days after the defenceforce is employed as envisaged in subsection (2), the President mustprovide the information required in subsection (3) to the appropriateoversight committee.

Command of defence force

202. (1)The President as head of the national executive is Commander-in- Chiefof the defence force, and must appoint the Military Command of thedefence force.

(2) Commandof the defence force must be exercised in accordance with thedirections of the Cabinet member responsible for defence, under theauthority of the President.

State of national defence

203. (1)The President as head of the national executive may declare a state ofnational defence, and must inform Parliament promptly and inappropriate detail of ­

1. the reasons forthe declaration;

2. any place wherethe defence force is being employed; and

3. the number ofpeople involved.

(2) IfParliament is not sitting when a state of national defence is declared,the President must summon Parliament to an extraordinary sitting withinseven days of the declaration.

(3) Adeclaration of a state of national defence lapses unless it is approvedby Parliament within seven days of the declaration.

Defence civilian secretariat

204. Acivilian secretariat for defence must be established by nationallegislation to function under the direction of the Cabinet memberresponsible for defence.

Police

Police service

205. (1)The national police service must be structured to function in thenational, provincial and, where appropriate, local spheres ofgovernment.

(2)National legislation must establish the powers and functions of thepolice service and must enable the police service to discharge itsresponsibilities effectively, taking into account the requirements ofthe provinces.

(3) Theobjects of the police service are to prevent, combat and investigatecrime, to maintain public order, to protect and secure the inhabitantsof the Republic and their property, and to uphold and enforce the law.

Political responsibility

206. (1) Amember of the Cabinet must be responsible for policing and mustdetermine national policing policy after consulting the provincialgovernments and taking into account the policing needs and prioritiesof the provinces as determined by the provincial executives.

(2) Thenational policing policy may make provision for different policies inrespect of different provinces after taking into account the policingneeds and priorities of these provinces.

(3) Eachprovince is entitled ­

1. to monitor policeconduct;

2. to oversee theeffectiveness and efficiency of the police service, including receivingreports on the police service;

3. to promote goodrelations between the police and the community;

4. to assess theeffectiveness of visible policing; and

5. to liaise with theCabinet member responsible for policing with respect to crime andpolicing in the province.

(4) Aprovincial executive is responsible for policing functions ­

1. vested in it bythis Chapter;

2. assigned to it interms of national legislation; and

3. allocated to it inthe national policing policy.

(5) Inorder to perform the functions set out in subsection (3), a province ­

1. may investigate,or appoint a commission of inquiry into, any complaints of policeinefficiency or a breakdown in relations between the police and anycommunity; and

2. must makerecommendations to the Cabinet member responsible for policing.

(6) Onreceipt of a complaint lodged by a provincial executive, an independentpolice complaints body established by national legislation mustinvestigate any alleged misconduct of, or offence committed by, amember of the police service in the province.

(7)National legislation must provide a framework for the establishment,powers, functions and control of municipal police services.

(8) Acommittee composed of the Cabinet member and the members of theExecutive Councils responsible for policing must be established toensure effective co-ordination of the police service and effectiveco-operation among the spheres of government.

(9) Aprovincial legislature may require the provincial commissioner of theprovince to appear before it or any of its committees to answerquestions.

Control of police service

207. (1)The President as head of the national executive must appoint a woman ora man as the National Commissioner of the police service, to controland manage the police service.

(2) TheNational Commissioner must exercise control over and manage the policeservice in accordance with the national policing policy and thedirections of the Cabinet member responsible for policing.

(3) TheNational Commissioner, with the concurrence of the provincialexecutive, must appoint a woman or a man as the provincial commissionerfor that province, but if the National Commissioner and the provincialexecutive are unable to agree on the appointment, the Cabinet memberresponsible for policing must mediate between the parties.

(4) Theprovincial commissioners are responsible for policing in theirrespective provinces ­

1. as prescribed bynational legislation; and

2. subject to thepower of the National Commissioner to exercise control over and managethe police service in terms of subsection (2).

(5) Theprovincial commissioner must report to the provincial legislatureannually on policing in the province, and must send a copy of thereport to the National Commissioner.

(6) If theprovincial commissioner has lost the confidence of the provincialexecutive, that executive may institute appropriate proceedings for theremoval or transfer of, or disciplinary action against, thatcommissioner, in accordance with national legislation.

Police civilian secretariat

208. Acivilian secretariat for the police service must be established bynational legislation to function under the direction of the Cabinetmember responsible for policing.

Intelligence

Establishment and control of intelligence services

209. (1)Any intelligence service, other than any intelligence division of thedefence force or police service, may be established only by thePresident, as head of the national executive, and only in terms ofnational legislation.

(2) ThePresident as head of the national executive must appoint a woman or aman as head of each intelligence service established in terms ofsubsection (1), and must either assume political responsibility for thecontrol and direction of any of those services, or designate a memberof the Cabinet to assume that responsibility.

Powers, functions and monitoring

210.National legislation must regulate the objects, powers and functions ofthe intelligence services, including any intelligence division of thedefence force or police service, and must provide for ­

1. the co-ordinationof all intelligence services; and

2. civilianmonitoring of the activities of those services by an inspectorappointed by the President, as head of the national executive, andapproved by a resolution adopted by the National Assembly with asupporting vote of at least two thirds of its members.

Chapter 12: Traditional Leaders

Recognition

211. (1) Theinstitution, status and role of traditional leadership, according tocustomary law, are recognised, subject to the Constitution.

(2) A traditionalauthority that observes a system of customary law may function subjectto any applicable legislation and customs, which includes amendmentsto, or repeal of, that legislation or those customs.

(3) The courtsmust apply customary law when that law is applicable, subject to theConstitution and any legislation that specifically deals with customarylaw.

Role of traditional leaders

212. (1) Nationallegislation may provide for a role for traditional leadership as aninstitution at local level on matters affecting local communities.

(2) To deal withmatters relating to traditional leadership, the role of traditionalleaders, customary law and the customs of communities observing asystem of customary law ­

1. national orprovincial legislation may provide for the establishment of houses oftraditional leaders; and

2. nationallegislation may establish a council of traditional leaders.

Chapter 13: Finance

General Financial Matters

National Revenue Fund

213. (1)There is a National Revenue Fund into which all money received by thenational government must be paid, except money reasonably excluded byan Act of Parliament.

(2) Moneymay be withdrawn from the National Revenue Fund only ­

1. in terms of anappropriation by an Act of Parliament; or

2. as a direct chargeagainst the National Revenue Fund, when it is provided for in the Constitution or an Act of Parliament.

(3) Aprovince's equitable share of revenue raised nationally is a directcharge against the National Revenue Fund.

Equitable shares and allocations of revenue

214. (1) AnAct of Parliament must provide for ­

1. the equitabledivision of revenue raised nationally among the national, provincialand local spheres of government;

2. the determinationof each province's equitable share of the provincial share of that revenue;and

3. any otherallocations to provinces, local government or municipalities from thenational government's share of that revenue, and any conditions onwhich those allocations may be made.

(2) The Actreferred to in subsection (1) may be enacted only after the provincialgovernments, organised local government and the Financial and FiscalCommission have been consulted, and any recommendations of theCommission have been considered, and must take into account ­

1. the nationalinterest;

2. any provision thatmust be made in respect of the national debt and other nationalobligations;

3. the needs andinterests of the national government, determined by objective criteria;

4. the need to ensurethat the provinces and municipalities are able to provide basicservices and perform the functions allocated to them;

5. the fiscalcapacity and efficiency of the provinces and municipalities;

6. developmental andother needs of provinces, local government and municipalities;

7. economicdisparities within and among the provinces;

8. obligations of theprovinces and municipalities in terms of national legislation;

9. the desirabilityof stable and predictable allocations of revenue shares; and

10. the need forflexibility in responding to emergencies or other temporary needs, andother factors based on similar objective criteria.

National, provincial and municipal budgets

215. (1)National, provincial and municipal budgets and budgetary processes mustpromote transparency, accountability and the effective financialmanagement of the economy, debt and the public sector.

(2)National legislation must prescribe ­

1. the form ofnational, provincial and municipal budgets;

2. when national andprovincial budgets must be tabled; and

3. that budgets ineach sphere of government must show the sources of revenue and the wayin which proposed expenditure will comply with national legislation.

(3) Budgetsin each sphere of government must contain ­

1. estimates ofrevenue and expenditure, differentiating between capital and currentexpenditure;

2. proposals forfinancing any anticipated deficit for the period to which they apply;and

3. an indication ofintentions regarding borrowing and other forms of public liability thatwill increase public debt during the ensuing year.

Treasury control

216. (1)National legislation must establish a national treasury and prescribemeasures to ensure both transparency and expenditure control in each sphere of government, by introducing ­

1. generallyrecognised accounting practice;

2. uniformexpenditure classifications; and

3. uniform treasurynorms and standards.

(2) Thenational treasury, with the concurrence of the Cabinet memberresponsible for national financial matters, may stop the transfer offunds to an organ of state only for serious or persistent materialbreach of the measures established in terms of subsection (1).

(3) Adecision to stop the transfer of funds to a province may be taken onlyin terms of subsection (2), and ­

1. may not stop thetransfer of funds for more than 120 days; and

2. may be enforcedimmediately, but will lapse retrospectively unless Parliament approvesit following a process substantially the same as that established interms of section 76(1) and prescribed by the joint rules and orders ofParliament. This process must be completed within 30 days of thedecision by the national treasury.

(4)Parliament may renew a decision to stop the transfer of funds for nomore than 120 days at a time, following the process established interms of subsection (3).

(5) BeforeParliament may approve or renew a decision to stop the transfer offunds to a province ­

1. theAuditor-General must report to Parliament; and

2. the province mustbe given an opportunity to answer the allegations against it, and tostate its case, before a committee.

Procurement

217. (1)When an organ of state in the national, provincial or local sphere ofgovernment, or any other institution identified in nationallegislation, contracts for goods or services, it must do so inaccordance with a system which is fair, equitable, transparent,competitive and cost-effective.

(2)Subsection (1) does not prevent the organs of state or institutionsreferred to in that subsection from implementing a procurement policyproviding for ­

1. categories ofpreference in the allocation of contracts; and

2. the protection oradvancement of persons, or categories of persons, disadvantaged byunfair discrimination.

(3)National legislation must prescribe a framework within which the policyreferred to in subsection (2) may be implemented.

Government guarantees

218. (1)The national government, a provincial government or a municipality mayguarantee a loan only if the guarantee complies with any conditions setout in national legislation.

(2)National legislation referred to in subsection (1) may be enacted onlyafter any recommendations of the Financial and Fiscal Commission havebeen considered.

(3) Eachyear, every government must publish a report on the guarantees it hasgranted.

Remuneration of persons holding public office

219. (1) AnAct of Parliament must establish a framework for determining-

1. the salaries,allowances and benefits of members of the National Assembly, permanentdelegates to the National Council of Provinces, members of the Cabinet,Deputy Ministers, traditional leaders and members of any councils oftraditional leaders; and

2. the upper limit ofsalaries, allowances or benefits of members of provincial legislatures,members of Executive Councils and members of Municipal Councils of thedifferent categories.

(2)National legislation must establish an independent commission to makerecommendations concerning the salaries, allowances and benefitsreferred to in subsection (1).

(3)Parliament may pass the legislation referred to in subsection (1) onlyafter considering any recommendations of the commission established interms of subsection (2).

(4) Thenational executive, a provincial executive, a municipality or any otherrelevant authority may implement the national legislation referred toin subsection (1) only after considering any recommendations of thecommission established in terms of subsection (2).

(5)National legislation must establish frameworks for determining thesalaries, allowances and benefits of judges, the Public Protector, theAuditor-General, and members of any commission provided for in theConstitution, including the broadcasting authority referred to insection 192.

Financial and FiscalCommission

Establishment and functions

220. (1)There is a Financial and Fiscal Commission for the Republic which makesrecommendations envisaged in this Chapter, or in national legislation,to Parliament, provincial legislatures and any other authoritiesdetermined by national legislation.

(2) TheCommission is independent and subject only to the Constitution and thelaw, and must be impartial.

(3) TheCommission must function in terms of an Act of Parliament and, inperforming its functions, must consider all relevant factors, includingthose listed in section 214(2).

Appointment and tenure of members

221. (1)The Commission consists of the following women and men appointed by thePresident, as head of the national executive -

1. a chairperson anda deputy chairperson who are full-time members;

2. nine persons, eachof whom is nominated by the Executive Council of a province, with eachprovince nominating only one person;

3. two personsnominated by organised local government in terms of section 163; and

4. nine otherpersons.

(2) Membersof the Commission must have appropriate expertise.

(3) Membersserve for a term established in terms of national legislation. ThePresident may remove a member from office on the ground of misconduct,incapacity or incompetence.

Reports

222. TheCommission must report regularly both to Parliament and to theprovincial legislatures.

Central Bank

Establishment

223. TheSouth African Reserve Bank is the central bank of the Republic and isregulated in terms of an Act of Parliament.

Primary object

224. (1)The primary object of the South African Reserve Bank is to protect thevalue of the currency in the interest of balanced and sustainableeconomic growth in the Republic.

(2) TheSouth African Reserve Bank, in pursuit of its primary object, mustperform its functions independently and without fear, favour orprejudice, but there must be regular consultation between the Bank andthe Cabinet member responsible for national financial matters.

Powers and functions

225. Thepowers and functions of the South African Reserve Bank are thosecustomarily exercised and performed by central banks, which powers andfunctions must be determined by an Act of Parliament and must beexercised or performed subject to the conditions prescribed in terms ofthat Act.

Provincial and LocalFinancial Matters

Provincial Revenue Funds

226. (1)There is a Provincial Revenue Fund for each province into which allmoney received by the provincial government must be paid, except moneyreasonably excluded by an Act of Parliament.

(2) Moneymay be withdrawn from a Provincial Revenue Fund only ­

1. in terms of anappropriation by a provincial Act; or

2. as a direct chargeagainst the Provincial Revenue Fund, when it is provided for in theConstitution or a provincial Act.

(3) Revenueallocated through a province to local government in that province interms of section 214(1), is a direct charge against that province'sRevenue Fund.

National sources of provincial and localgovernment funding

227. (1)Local government and each province ­

1. is entitled to anequitable share of revenue raised nationally to enable it to providebasic services and perform the functions allocated to it; and

2. may receive otherallocations from national government revenue, either conditionally orunconditionally.

(2)Additional revenue raised by provinces or municipalities may not bededucted from their share of revenue raised nationally, or from otherallocations made to them out of national government revenue. Equally,there is no obligation on the national government to compensateprovinces or municipalities that do not raise revenue commensurate withtheir fiscal capacity and tax base.

(3) Aprovince's equitable share of revenue raised nationally must betransferred to the province promptly and without deduction, except whenthe transfer has been stopped in terms of section 216.

(4) Aprovince must provide for itself any resources that it requires, interms of a provision of its provincial constitution, that areadditional to its requirements envisaged in the Constitution.

Provincial taxes

228. (1) Aprovincial legislature may impose ­

1. taxes, levies andduties other than income tax, value-added tax, general sales tax, rateson property or customs duties; and

2. flat-ratesurcharges on the tax bases of any tax, levy or duty that is imposed bynational legislation, other than the tax bases of corporate income tax,value-added tax, rates on property or customs duties.

(2) Thepower of a provincial legislature to impose taxes, levies, duties andsurcharges ­

1. may not beexercised in a way that materially and unreasonably prejudices nationaleconomic policies, economic activities across provincial boundaries, orthe national mobility of goods, services, capital or labour; and

2. must be regulatedin terms of an Act of Parliament, which may be enacted only after anyrecommendations of the Financial and Fiscal Commission have beenconsidered.

Municipal fiscal powers and functions

229. (1)Subject to subsections (2), (3) and (4), a municipality may impose ­

1. rates on propertyand surcharges on fees for services provided by or on behalf of themunicipality; and

2. if authorised bynational legislation, other taxes, levies and duties appropriate tolocal government or to the category of local government into which thatmunicipality falls, but no municipality may impose income tax,value-added tax, general sales tax or customs duty.

(2) Thepower of a municipality to impose rates on property, surcharges on feesfor services provided by or on behalf of the municipality, or othertaxes, levies or duties ­

1. may not beexercised in a way that materially and unreasonably prejudices nationaleconomic policies, economic activities across municipal boundaries, orthe national mobility of goods, services, capital or labour; and

2. may be regulatedby national legislation.

(3) Whentwo municipalities have the same fiscal powers and functions withregard to the same area, an appropriate division of those powers andfunctions must be made in terms of national legislation. The divisionmay be made only after taking into account at least the followingcriteria:

1. The need to complywith sound principles of taxation.

2. The powers andfunctions performed by each municipality.

3. The fiscalcapacity of each municipality.

4. The effectivenessand efficiency of raising taxes, levies and duties.

5. Equity.

(4) Nothingin this section precludes the sharing of revenue raised in terms ofthis section between municipalities that have fiscal power andfunctions in the same area.

(5)National legislation envisaged in this section may be enacted onlyafter organised local government and the Financial and FiscalCommission have been consulted, and any recommendations of theCommission have been considered.

Provincial and municipal loans

230. (1) Aprovince or a municipality may raise loans for capital or currentexpenditure in accordance with reasonable conditions determined bynational legislation, but loans for current expenditure ­

1. may be raised onlywhen necessary for bridging purposes during a fiscal year; and

2. must be repaidwithin twelve months.

(2)National legislation referred to in subsection (1) may be enacted onlyafter any recommendations of the Financial and Fiscal Commission havebeen considered.

Chapter 14: General Provisions

InternationalLaw

International agreements

231. (1)The negotiating and signing of all international agreements is theresponsibility of the national executive.

(2) Aninternational agreement binds the Republic only after it has beenapproved by resolution in both the National Assembly and the NationalCouncil of Provinces, unless it is an agreement referred to insubsection (3).

(3) Aninternational agreement of a technical, administrative or executivenature, or an agreement which does not require either ratification oraccession, entered into by the national executive, binds the Republicwithout approval by the National Assembly and the National Council ofProvinces, but must be tabled in the Assembly and the Council within areasonable time.

(4) Anyinternational agreement becomes law in the Republic when it is enactedinto law by national legislation; but a self-executing provision of anagreement that has been approved by Parliament is law in the Republicunless it is inconsistent with the Constitution or an Act ofParliament.

(5) TheRepublic is bound by international agreements which were binding on theRepublic when this Constitution took effect.

Customary international law

232.Customary international law is law in the Republic unless it isinconsistent with the Constitution or an Act of Parliament.

Application of international law

233. Wheninterpreting any legislation, every court must prefer any reasonableinterpretation of the legislation that is consistent with internationallaw over any alternative interpretation that is inconsistent withinternational law.

Other matters

Charters of Rights

234. In order todeepen the culture of democracy established by the Constitution,Parliament may adopt Charters of Rights consistent with the provisionsof the Constitution.

Self-determination

235. The right ofthe South African people as a whole to self-determination, asmanifested in this Constitution, does not preclude, within theframework of this right, recognition of the notion of the right ofself-determination of any community sharing a common cultural andlanguage heritage, within a territorial entity in the Republic or inany other way, determined by national legislation.

Funding for political parties

236. To enhancemulti-party democracy, national legislation must provide for thefunding of political parties participating in national and provinciallegislatures on an equitable and proportional basis.

Diligent performance of obligations

237. Allconstitutional obligations must be performed diligently and withoutdelay.

Agency and delegation

238. An executiveorgan of state in any sphere of government may ­

1. delegate any poweror function that is to be exercised or performed in terms oflegislation to any other executive organ of state, provided thedelegation is consistent with the legislation in terms of which thepower is exercised or the function is performed; or

2. exercise any poweror perform any function for any other executive organ of state on anagency or delegation basis.

Definitions

239. In theConstitution, unless the context indicates otherwise ­

"nationallegislation" includes ­

1. subordinatelegislation made in terms of an Act of Parliament; and

2. legislation thatwas in force when the Constitution took effect and that is administeredby the national government;

"organof state" means ­

1. any department ofstate or administration in the national, provincial or local sphere ofgovernment; or

2. any otherfunctionary or institution ­

   1. exercising a poweror performing a function in terms of the Constitution or a provincialconstitution; or

   2. exercising apublic power or performing a public function in terms of anylegislation,

but doesnot include a court or a judicial officer;

"provinciallegislation" includes ­

1. subordinatelegislation made in terms of a provincial Act; and

2. legislation thatwas in force when the Constitution took effect and that is administeredby a provincial government.

Inconsistencies between different texts

240. In the eventof an inconsistency between different texts of the Constitution, theEnglish text prevails.

Transitional arrangements

241. Schedule6 applies to the transition to the new constitutional orderestablished by this Constitution, and any matter incidental to thattransition.

Repeal of laws

242. The lawsmentioned in Schedule7 are repealed, subject to section 243 and Schedule6.

Short title and commencement

243. (1) This Actis called the Constitution of the Republic of South Africa, 1996, andcomes into effect as soon as possible on a date set by the President byproclamation, which may not be a date later than 1 July 1997.

(2) The Presidentmay set different dates before the date mentioned in subsection (1) inrespect of different provisions of the Constitution.

(3) Unless thecontext otherwise indicates, a reference in a provision of theConstitution to a time when the Constitution took effect must beconstrued as a reference to the time when that provision took effect.

(4) If a differentdate is set for any particular provision of the Constitution in termsof subsection (2), any corresponding provision of the Constitution ofthe Republic of South Africa, 1993 (Act 200 of 1993), mentioned in theproclamation, is repealed with effect from the same date.

(5) Sections 213,214, 215, 216, 218, 226, 227, 228, 229 and 230 come into effect on 1January 1998, but this does not preclude the enactment in terms of thisConstitution of legislation envisaged in any of these provisions beforethat date. Until that date any corresponding and incidental provisionsof the Constitution of the Republic of South Africa, 1993, remain inforce.