Section 142-145 Constitution of South Africa 1996
Section 142, 143, 144, and 145 of the Constitution of South Africa 1996 (as amended) are under ‘Provincial Constitutions‘ of Chapter 6 of the Constitution. Chapter 6 is titled ‘Provinces‘.
Section 142 Constitution of South Africa 1996
Adoption of provincial constitutions
A provincial legislature may pass a constitution for the province or, where applicable, amend its constitution, if at least two thirds of its members vote in favour of the Bill.
Section 143 Constitution of South Africa 1996
Contents of provincial constitutions
1. A provincial constitution, or constitutional amendment, must not be inconsistent with this Constitution, but may provide for
a. provincial legislative or executive structures and procedures that differ from those provided for in this Chapter; or
b. the institution, role, authority and status of a traditional monarch, where applicable.
2. Provisions included in a provincial constitution or constitutional amendment in terms of paragraphs (a) or (b) of subsection (1)
a. must comply with the values in section 1 and with Chapter 3 ; and
b. may not confer on the province any power or function that falls
i. outside the area of provincial competence in terms of Schedules 4 and 5; or
ii. outside the powers and functions conferred on the province by other sections of the Constitution.
Section 144 Constitution of South Africa 1996
Certification of provincial constitutions
1. If a provincial legislature has passed or amended a constitution, the Speaker of the legislature must submit the text of the constitution or constitutional amendment to the Constitutional Court for certification.
2. No text of a provincial constitution or constitutional amendment becomes law until the Constitutional Court has certified
a. that the text has been passed in accordance with section 142; and
b. that the whole text complies with section 143.
Section 145 Constitution of South Africa 1996
Signing, publication and safekeeping of provincial constitutions
1. The Premier of a province must assent to and sign the text of a provincial constitution or constitutional amendment that has been certified by the Constitutional Court.
2. The text assented to and signed by the Premier must be published in the national Government Gazette and takes effect on publication or on a later date determined in terms of that constitution or amendment.
3. The signed text of a provincial constitution or constitutional amendment is conclusive evidence of its provisions and, after publication, must be entrusted to the Constitutional Court for safekeeping.
