Chapter 6: Provinces
There are 9 provinces: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, Northern Cape, Limpopo, North West and Western Cape.
Each province has its own provincial government. This is made up of a provincial legislature and a provincial executive.
PROVINCIAL LEGISLATURES
The provincial legislatures write laws called ordinances for their provinces. Only people living and visiting the province have to follow these laws.
Members of provincial legislatures are elected during the national general elections which take place every 5 years. There will be between 30 and 80 members in each provincial legislature.
PROVINCIAL EXECUTIVES
The provincial executives are made up of the premier and the executive council of that province. The executive council consists of the premier and not more than 10 members appointed by the premier.
POWERS OF THE PROVINCES
Provincial governments have decision-making powers for their own provinces. They can make their own constitutions and their own laws, but these must follow the national Constitution. Provincial legislatures can pass laws on any matter in the functional areas listed in Schedules 4 and 5 of the Constitution. National and provincial government share powers to make laws about some issues, like health, welfare and education. National government is responsible for setting national standards on these issues, so laws written by provinces must follow national standard-setting legislation.
| SCHEDULE 4: CONCURRENT FUNCTIONAL AREAS OF NATIONAL AND PROVINCIAL LEGISLATURES | |
| PART A | |
| Administration of Indigenous forests Agriculture Airports (not international or national) 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 Industrial promotion Language policy and the regulation of official languages | Media services Nature conservation, excluding national parks Police Pollution control Population development Public transport Public works only in respect of the needs of provincial government Regional planning and development Road traffic regulation Soil conservation Tourism Trade Traditional leadership Urban and rural development Vehicle licensing Welfare services |
| PART B | |
| The following are local government functions. The national government and the provincial governments have the legislative and executive authority to see that municipalities perform these functions. | |
| Air pollution Building regulations Child care facilities Electricity Ferries, jetties, piers and harbours Firefighting services Local tourism Municipal airports | Municipal planning Municipal public transport Municipal public works Stormwater management systems in built-up areas Trading regulations Water and sanitation services (domestic water use and sewage disposal systems) |
| SCHEDULE 5: FUNCTIONAL AREAS OF PROVINCIAL LEGISLATURES | |
| PART A | |
| Abattoirs Ambulance services Archives that belong to the provincesLibraries (but not national libraries) Liquor licences Museums (but not national museums) | Provincial planning Provincial cultural matters Provincial recreation and amenities Provincial sport Provincial road and traffic Vets |
| PART B | |
| The following are local government functions. The provincial governments have the legislative and executive authority to see that municipalities perform these functions. | |
| Beaches and amusement facilities Billboards and display of advertisements in public places Cemeteries, funeral parlours and crematoria Cleansing Control of public nuisances Control of businesses that sell liquor to the public Facilities to accommodate and bury animals Fences Licensing of dogs Licensing and control of businesses that sell food to the public | Local amenities Local sport facilities Markets Municipal abattoirs Municipal parks and recreation Municipal roads Noise pollution Pounds Public places Refuse removal and refuse dumps Street trading Street lighting Traffic and parking |