enacted by the Western Cape Provincial Parliament

“ The Commissioner is independent and subject only to the national Constitution, this Constitution and the law, and must be impartial and must exercise the powers and perform the functions of the office of Commissioner without fear, favour or prejudice. ”

“ The Western Cape government, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions. ”

“ Delegates to the National Council of Provinces must take an active part in the Council in order to promote the interests of the Western Cape and of the country as a whole in accordance with the principles of co-operative government and intergovernmental relations set out in the national Constitution. ”

“ If the provincial commissioner has lost the confidence of the Provincial Cabinet, it may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation: Provided that, save in exceptional circumstances, the Provincial Cabinet must require the provincial commissioner to appear before it or a committee of its members before instituting those proceedings. ”

“ In the exercise of his or her powers and functions the Commissioner must ensure the conservation of the environment in the Western Cape, and must give attention to the need to balance the goals of environmental conservation and sustainable development. ”

“ The provincial budget must comply with national legislation as envisaged by the national Constitution with respect to its form, when it must be tabled, the identification of the sources of revenue and proposed expenditure. ”

“ The Western Cape government must take practical and positive measures to elevate the status and advance the use of those indigenous languages of the people of the Western Cape whose status and use have been historically diminished. ”

“ The local sphere of government in the Western Cape consists of municipalities established in terms of the national Constitution. The ability or right of a municipality to exercise its powers or perform its functions may not be compromised or impeded. ”

“ A Bill that appropriates money or imposes taxes, levies or duties is a money Bill. A money Bill may not deal with any other matter except a subordinate matter incidental to the appropriation of money or the imposition of taxes, levies or duties. (2)
A provincial Act must provide for a procedure by which the Provincial Parliament may amend a money Bill.
Assent to Bills
31. ”

“ No person may hold office as Premier for more than two terms, but when a person is elected to fill a vacancy in the office of Premier, the period between that election and the next election of a Premier is not regarded as a term. ”

“ The Provincial Parliament must elect a Speaker from amongst its members at the first sitting after its election, or when necessary to fill a vacancy. (2)
A judge designated by the President of the Constitutional Court must preside over the election of the Speaker. ”

“ If more than one candidate is nominated—
(a)
a vote must be taken at the meeting by secret ballot; (b)
each member present at the meeting may cast one vote; and (c)
the person presiding must declare elected the candidate who receives a majority of the votes. ”

“ This Act is called the Constitution of the Western Cape, 1997, and comes into effect as soon as possible on a date set by the Premier by proclamation in the official gazette of the Province, which may not be later than 1 July 1998. ”

“ Where the Commissioner has made recommendations to a provincial organ of state, that organ must report to the Commissioner on its actions in response to those recommendations within a reasonable time. ”