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The nine
provinces created in terms of the Constitution brought about a
new sphere of government. The position of provincial government
and local government, which is recognised as a separate sphere
of government, is entrenched in the Constitution.
In accordance
with the Constitution, each of the nine provinces has its own
legislature consisting of between 30 and 80 members. The number
of members must be determined in terms of a formula set out in
national legislation. They are elected in terms of proportional
representation. The Executive Council of a province consists of
a Premier and a number of members. The Premier is elected by the
Provincial Legislature.
Decisions are
taken by consensus, as happens in the national Cabinet. Besides
being able to make provincial laws, a Provincial Legislature may
adopt a constitution for its province if two thirds of its
members agree. However, a provincial constitution must
correspond with the national Constitution as confirmed by the
CC.
According to the
Constitution, provinces may have legislative and executive
powers over, inter alia:
-
agriculture
-
casinos,
racing, gambling and wagering
-
cultural
affairs
-
education at
all levels, excluding university and technikon education
-
environment
-
health
services
-
housing
-
language
policy
-
local
government
-
nature
conservation
-
police
services
-
provincial
public media
-
public
transport
-
regional
planning and development
-
road traffic
regulation
-
tourism
-
trade and
industrial promotion
-
traditional
authorities
-
urban and
rural development
-
vehicle
licensing
-
welfare
services.
These powers can
be exercised subject to the extent that provinces have the
administrative capacity to assume effective responsibilities.
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