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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.


This page was last updated on: Thursday September 16, 2004