165.
Provincial Executive Authority
(1)
The Executive authority of a Province will vest in a Provincial Governor and an
Executive Council.
(2)
The Provincial Governor will be elected by the Provincial Assembly from among its
members at its first sitting or as soon as possible to fill a vacancy.
(3)
The Provincial Governor will appoint not more than ten members from the Provincial
Assembly to constitute an Executive Council, which will act as a Cabinet for the
Province.
(4)
The provisions of this Constitution relating to the Prime Minister and the Cabinet will,
with necessary modification, apply in relation to the Provincial Governor and the
Executive Council and an Act of Parliament must give specifications and guidelines on
this aspect.
166.
Exercise of Legislative Authority by Provincial Assembly
(1)
The Provincial Assembly will exercise its legislative powers by enacting provincial laws
through the passing of a Bill with a supportive vote of at least two-thirds of its total
membership.
(2)
A Bill passed by the Provincial Assembly will require the assent of the Provincial
Governor before becoming law.
(3)
The Provincial Governor will be obliged to assent to and sign a Bill passed by the
Provincial Assembly except if at least one third of the members express reservations
about its constitutionality, in which case it must be referred to the Constitutional Court
for an opinion.
(4)
Before referring a Bill to the Constitutional Court, the Provincial Governor must give the
Provincial Assembly an opportunity to either withdraw the Bill or remove the alleged
received unconstitutional aspects.
(5)
The Provincial Governor must:
(a)
sign the Bill, if the Constitutional Court rules it to be constitutional.
(b)
not sign the Bill, if the Constitutional Court rules it to be unconstitutional.
167.
Moderator and Deputy Moderator of Provincial Assembly
(1)
At its first sitting after the election, or wherever a vacancy exists, the Provincial
Assembly must elect a Moderator and Deputy Moderator.
(2)
The provisions of this Constitution relating to the Speaker and Deputy Speaker will, with
necessary modification, apply in relation to the Moderator and Deputy Moderator and an
Act of Parliament, must give specifications and guidelines on this aspect.
73
Select target paragraph3
Add to table of contents