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South African Law

 


Parliament and National Legislation

The legislative capital of South Africa is Cape Town. The National Parliament is bicameral, consisting of the National Assembly (the lower House) and National Council of Provinces (the upper House). The National Assembly is the House directly elected by the voters, while the National Council of Provinces is elected by the provinces and represents them to ensure that provincial interests are taken into account in the national sphere of government. For detailed information on the South African Parliament, see the Our Parliament pages on the Parliament website.

Parliament is the highest national legislative authority. Provincial Legislatures are responsible for passing provincial Acts - these are termed subordinate legislation. 

Schedule 4 of the Constitution lists the functional areas in which both Parliament and the provincial legislatures concurrently have the right to make laws - for example agriculture, health, housing, the environment and education (but not tertiary education). Schedule 5 of the Constitution lists the functional areas in which only the provincial legislatures may make laws - for example provincial roads and traffic.


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