Section 142-145 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Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

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

SEE ALSO  Section 13-14 Constitution of South Africa 1996

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.


See also: Section 146-150 Constitution of South Africa 1996

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Inioluwa Olaposi

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