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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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