Provincial Legislature

from Wikipedia, the free encyclopedia

The Provincial Legislature (German about: Legislative Assembly of the Provinces or Provincial Assembly ) in South Africa is the legislative institution for the respective province, often incorrectly referred to as the "provincial parliament". Only in the province of Western Cape does it have the designation “Parliament” in its official name. The popular representations of the new provinces have been developing since 1994, when the provincial structure of the country was restructured with the transitional constitution of 1993 ( Act No. 200/1993 ) . In the current national constitution from 1996, the constitutional status of the provincial assemblies is described in Chapter 6.

Legislative competence

Current situation

The 1996 constitution of the Republic of South Africa defines the Provincial Legislature as follows:

  • " The legislative authority of a province is vested in its provincial legislature ... " chapter 6, section 104 (1) (German for example: "The legislative authority of a province is transferred to its provincial assembly ...")
  • " A provincial legislature is bound only by the Constitution ... " chapter 6, section 104 (3) (German for example: "A provincial assembly is only bound by the [national] constitution ...")

Under the 1996 Constitution ( Act No. 108/1996 ), the Provincial Assemblies have the power to decide on matters that are dealt with jointly in accordance with national law ( section 104 (1) b (i) , Schedule 4 ). For any divergences that may arise, there are regulatory requirements in section 146 ( Conflicts between national and provincial legislation ).

Exclusive core competencies for the provinces are also defined by the constitution ( section 104 (1) b (ii) , in Schedule 5 ). The scheme covers the following areas: alcohol licenses, archives (except national institutions), libraries (except national institutions), provincial cultural affairs, provincial health and recreation facilities, museums (except national institutions), provincial planning, emergency services , slaughterhouses , sports matters provincial road administration and other provincial transport facilities, veterinary services (excluding professional licensing issues ). They are also authorized to assign tasks to the local administrations and to control their work.

From among the members of the Provincial Assembly of a vacancy, the speaker is (in its first meeting after the provincial elections, or in the case of speaker ) is selected, which is the function of a chairman. He is supported by a deputy.

The provincial assembly elects the prime minister , whose office is formally the executive . He can exercise a maximum of two terms of office of 5 years each. This appoints the members of the executive council ( Member of Executive Council / MEC), the provincial Cabinet.

Situation from 1994 to 1996

On May 7, 1994, nine new provinces replaced the old structure with four provinces. The legislative competence of the provincial assemblies was originally given a broad task profile in 1994 with the Constitution of the Republic of South Africa Amendment Act ( Act No. 2/1994 ). The legislative possibilities of the provinces therefore extended to the following areas: official languages, education (except universities and technicians), soil protection, airports, health services, trade and industry promotion, cultural promotion, agriculture, local administration issues, market law, minority issues, national parks and marine protected areas, public transport, public relations Provincial Police Matters, Regional Planning and Development, Slaughterhouses, Social Welfare, Casinos, Sports and Recreation, Urban and Rural Development, Road Administration, Tourism, Ethnic Traditions, Environmental Protection, Consumer Protection, Veterinary Matters and Housing.

Members

Those elected by the electoral citizens of the respective provinces officially carry the designation Member of Provincial Legislature (MPL); in German roughly "Member of the Provincial Legislative Assembly".

The electoral process for the Provincial Legislature is basically based on the provisions of the national constitution ( section 104 ). Eligibility to vote is based on the general electoral roll, the respective provincial part of which includes the electorate.

Representation at national level

The constitution of 1996 ( Constitution of the Republic of South Africa Act, Act No. 108/1996 ) changed the political mandate of the Provincial Legislatures and their composition. Before that, they formed the former Senate at national level, the former second chamber in the South African parliament, which was created with the transitional constitution of 1993 to represent the provinces after the 1994 elections.

All provincial assemblies are represented with their elected representatives ( section 60 ) in the National Council of Provinces , today's Second Chamber of Parliament. Each province sends 10 people, one of whom is the respective prime minister as chairman of his provincial group. Cabinet members of the provincial governments ( executive council ) may not be members of the National Council of Provinces ( section 62 (4) b ). In section 43 of the South African Constitution is determined that the provincial legislature , the legislative body of the government at the provincial level.

List of Provincial Legislatures

The following Provincial Legislatures exist in the Republic of South Africa.

Provincial Legislature Time of establishment / constitutional law emerged from Seat, address List of laws image Web presence
Gauteng Provincial Legislature (GPL) May 9, 1994 Province of Pretoria-Witwatersrand-Vereeniging Legislature (1994-December 1995) renamed as a result of the Constitution of the Republic of South Africa Amendment Act, No. 20 of 1995 Johannesburg (CBD)
Cnr. President and City Hall Streets 		Legislation made by the Gauteng Provincial Legislature www.gpl.gov.za
Eastern Cape Provincial Legislature (ECPL) April 27, 1994 Chamber of Assembly (1854-), Cape Provincial Council (1910–1986) Bhisho
Independence Avenue 		Legislation made by the Eastern Cape Provincial Legislature www.eclegislature.gov.za
Free State Provincial Legislature (FSL) May 5, 1994 Orange Free State Legislature (1994), renamed June 29, 1995 Bloemfontein
41 Charlotte Maxeke Street 		Legislation made by the Free State Provincial Legislature www.fsl.gov.za
KwaZulu-Natal Provincial Legislature (KZN Legislature) January 1, 1994 / Constitution of KwaZulu-Natal , 2005 Natal, Cape of Good Hope Pietermaritzburg
239 Langalibalele Street 		Legislation made by the KwaZulu-Natal Provincial Legislature
KwaZulu-Natal Parliament building, Pietermaritzburg, South Africa.jpg
 www.kznlegislature.gov.za
Limpopo Provincial Legislature (LPL) April 7, 1994 Northern Transvaal Province Legislature (1994), later Northern Province Legislature (1995), renamed on July 11, 2003 Lebowakgomo
Lebowakgomo Government Complex, Legislature Block 		Legislation made by the Limpopo Provincial Legislature www.limpopoleg.gov.za
Mpumalanga Provincial Legislature (MPL) January 1, 1995 Eastern Transvaal Legislature (May 1994), renamed August 24, 1995 Nelspruit
Riverside Park 		Legislation made by the Mpumalanga Provincial Legislature www.mpuleg.gov.za
North West Provincial Legislature (NWPL) May 7, 1994 Transvaal, Cape of Good Hope Mmabatho
Dr James Moroka Drive 		Legislation made by the North West Provincial Legislature www.nwpl.gov.za
Northern Cape Provincial Legislature (NCPL) May 1, 1994 Chamber of Assembly (1854-), Cape Provincial Council (1910–1986) Kimberley
Nobengula Extension 		Legislation made by the Northern Cape Provincial Legislature Main building of the Northern Cape Provincial Legislature.jpg www.ncpleg.gov.za
Western Cape Provincial Parliament (WCPP) May 9, 1994 / Constitution of the Western Cape Act, No. 1 of 1998 Chamber of Assembly (1854-), Cape Provincial Council (1910–1986) Cape Town
7 Wale Street 		Legislation made by the Western Cape Provincial Legislature
Western Cape Provincial Parliament (2018) .jpg
 www.wcpp.gov.za

composition

This list shows the party composition in the nine Provincial Legislatures after the 2019 elections

Political party ECPL FSL GPL KZN LPL MPL NWPL NCPL WCPP total
  ANC 44 19th 37 44 38 22nd 21st 18th 12 255
  THERE 10 6th 20th 11 3 3 4th 8th 24 89
  EFF 5 4th 11 8th 7th 4th 6th 3 2 50
  IFP 0 0 1 13 0 0 0 0 0 14th
  VF + 1 1 3 0 1 1 2 1 1 11
  ACDP 0 0 1 1 0 0 0 0 1 3
  UDM 2 0 0 0 0 0 0 0 0 2
  ATM 1 0 0 1 0 0 0 0 0 2
  Good 0 0 0 0 0 0 0 0 1 1
  NFP 0 0 0 1 0 0 0 0 0 1
  MF 0 0 0 1 0 0 0 0 0 1
  Al Jama-ah 0 0 0 0 0 0 0 0 1 1
total 63 30th 73 80 49 30th 33 30th 42 430

Web links

Individual evidence

  1. ^ Republic of South Africa: Constitution of the Republic of South Africa, 1996 . on www.justice.gov.za (English)
  2. ^ Republic of South Africa: South African Legislative Sector. Constitutional mandates . on www.sals.gov.za (English)
  3. ↑ Republic of South Africa: South African Constitution, 1996: Schedule 5, Part A . on www.justice.gov.za (English)
  4. ↑ Brand South Africa: Provincial government ( Memento of the original from March 17, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . on www.southafrica.info (English) @1@ 2Template: Webachiv / IABot / www.southafrica.info
  5. ↑ a b c d e Provinces of South Africa. at www.statoids.com (English)
  6. ↑ Republic of South Africa: Republic of South Africa, Act 2 of 1994: Schedule 6 - Legislative Competences of Provinces . on www.nelsonmandela.org (English)
  7. ^ Provincial Legislatures of South Africa: Legislatures . on www.sals.gov.za (English)
  8. ^ Commonwealth Parliamentary Association: The Parliament of Gauteng, South Africa . on www.cpahq.org (English)
  9. ^ A b c d African Elections Database: April 26-29, 1994 Provincial Legislature Elections in South Africa . on africanelections.tripod.com (English)
  10. ^ Constitution of the Republic of South Africa Amendment Act, No. 20 of 1995. at www.en.wikisource.org (English)
  11. ^ Commonwealth Parliamentary Association: The Parliament of Eastern Cape, South Africa . on www.cpahq.org (English)
  12. ^ Commonwealth Parliamentary Association: The Parliament of Free State, South Africa . on www.cpahq.org (English)
  13. ^ Commonwealth Parliamentary Association: The Parliament of Kwazulu-Natal, South Africa . on www.cpahq.org (English)
  14. ↑ Constitution of KwaZulu-Natal, 2005. on www.kznlegislature.gov.za ( Memento of the original from April 24, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (English) @1@ 2Template: Webachiv / IABot / www.kznlegislature.gov.za
  15. ^ Commonwealth Parliamentary Association: The Parliament of Limpopo, South Africa . on www.cpahq.org (English)
  16. ^ Commonwealth Parliamentary Association: The Parliament of Mpumalanga, South Africa . on www.cpahq.org (English)
  17. ^ Commonwealth Parliamentary Association: The Parliament of North-West Province, South Africa . on www.cpahq.org (English)
  18. ^ Commonwealth Parliamentary Association: The Parliament of Northern-Cape, South Africa . on www.cpahq.org (English)
  19. ^ Commonwealth Parliamentary Association: The Parliament of Western Cape, South Africa . on www.cpahq.org (English)