Schedule 4 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Functional areas of concurrent national and provincial legislative competence

Part A

  • Administration of indigenous forests
  • Agriculture
  • Airports other than international and national airports
  • Animal control and diseases
  • Casinos, racing, gambling and wagering, excluding lotteries and sports pools
  • Consumer protection
  • Cultural matters
  • Disaster management
  • Education at all levels, excluding tertiary education
  • Environment
  • Health services
  • Housing
  • Indigenous law and customary law, subject to Chapter 12 of the Constitution
  • Industrial promotion
  • Language policy and the regulation of official languages to the extent that the provisions of section 6 of the Constitution expressly confer upon the provincial legislatures legislative competence
  • Media services directly controlled or provided by the provincial government, subject to section 192
  • Nature conservation, excluding national parks, national botanical gardens and marine resources
  • Police to the extent that the provisions of Chapter 11 of the Constitution confer upon the provincial legislatures legislative competence
  • Pollution control
  • Population development
  • Property transfer fees
  • Provincial public enterprises in respect of the functional areas in this Schedule and Schedule 5
  • Public transport
  • Public works only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution or any other law
  • Regional planning and development
  • Road traffic regulation
  • Soil conservation
  • Tourism
  • Trade
  • Traditional leadership, subject to Chapter 12 of the Constitution
  • Urban and rural development
  • Vehicle licensing
  • Welfare services

Part B

The following local government matters to the extent set out in section 155(6)(a) and (7):

  • Air pollution
  • Building regulations
  • Child care facilities
  • Electricity and gas reticulation
  • Firefighting services
  • Local tourism
  • Municipal airports
  • Municipal planning
  • Municipal health services
  • Municipal public transport
  • Municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this Constitution or any other law
  • Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto
  • Stormwater management systems in built-up areas
  • Trading regulations
  • Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems

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