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    Constitution of the Western Cape, 1997
    Constitution of the Western Cape, 1997
    Constitution of the Western Cape, 1997
    Ebook80 pages34 minutes

    Constitution of the Western Cape, 1997

    By Western Cape Provincial Parliament

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    About this ebook

    The Western Cape Constitution is the highest law governing the structure and powers of the government in the Western Cape province of South Africa, subject to the South African Constitution. It was passed by the Western Cape Provincial Legislature in accordance with Chapter 6 of the national constitution and went into effect on January 16, 1998. The Western Cape is South Africa's only province with a constitution.
    LanguageEnglish
    PublisherDigiCat
    Release dateAug 10, 2022
    ISBN8596547167327
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      Book preview

      Constitution of the Western Cape, 1997 - Western Cape Provincial Parliament

      Western Cape Provincial Parliament

      Constitution of the Western Cape, 1997

      EAN 8596547167327

      DigiCat, 2022

      Contact: [email protected]

      Table of Contents

      Founding Provisions

      Intergovernmental Relations

      Provincial Parliament

      Executive

      Local Government

      Provincial Administration

      Finance

      Police

      Other Constitutional Institutions

      Directive Principles of Provincial Policy

      General Provisions

      Oaths and Solemn Affirmations

      Elections

      Transitional Arrangements

      Founding Provisions

      Table of Contents

      Chapter 1

      Founding Provisions

      Province of the Western Cape

      1.

      The Western Cape is a Province of the Republic of South Africa as established by the Constitution of the Republic of South Africa.

      Boundaries of Province

      2.

      The boundaries of the Western Cape are determined by the national Constitution.

      Adoption, status and interpretation of this Constitution

      3.

      (1)

      This Constitution is adopted for the Western Cape in terms of the national Constitution, the supreme law of the Republic of South Africa.

      (2)

      The legislative and executive powers and functions of the Western Cape recorded in this Constitution emanate exclusively from the national Constitution.

      (3)

      The provisions of this Constitution must not be interpreted as conferring any legislative or executive authority on the Western Cape which is inconsistent with the national Constitution.

      (4)

      In the event of an inconsistency between different texts of this Constitution, the English text prevails.

      Application of this Constitution

      4.

      This Constitution applies to the Western Cape. Subject to the national Constitution, it is the highest law in the Western Cape, and the obligations imposed by it must be performed diligently and without delay.

      Languages

      5.

      (1)

      For the purposes of provincial government—

      (a)

      the official languages Afrikaans, English and isiXhosa are to be used; and

      (b)

      these languages enjoy equal status.

      (2)

      The Western Cape government must through legislative and other measures, regulate and monitor its use of Afrikaans, English and isiXhosa.

      (3)

      The Western Cape government must take practical and positive measures to elevate the status and advance the use of those indigenous languages of the people of the Western Cape whose status and use have been historically diminished.

      Provincial symbols and honours

      6.

      (1)

      A provincial Act may provide for—

      (a)

      provincial symbols;

      (b)

      the conferral of provincial honours.

      (2)

      A provincial Bill to provide for provincial symbols must be passed by the Provincial Parliament with a supporting vote of at least two thirds of its members.

      Intergovernmental Relations

      Table of Contents

      Chapter 2

      Intergovernmental Relations

      Co-operative government

      7.

      As part of the provincial sphere of government of the Republic of South Africa, the Western Cape government must—

      (a)

      act in accordance with the principles of co-operative government and intergovernmental relations set out in the national Constitution in all its dealings with the national government, the other provincial governments and the municipalities in the Western Cape;

      (b)

      participate in structures

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