Role of the Legislature
Section 104 of the Constitution of the Republic provides that:
(1) The legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power –
(a) to pass a constitution for its province or to amend any constitution passed by it in terms of sections 142 and 143;
(b) to pass legislation for its province with regard to –
(i) any matter within a functional area listed in Schedule 4;
(ii) any matter within a functional area listed in Schedule 5;
(iii) any matter outside those functional areas, and that is expressly assigned to the province by national legislation; and
(iv) any matter for which a provision of the Constitution envisages the enactment of provincial legislation; and
(v) to assign any of its legislative powers to a Municipal Council in that province.
Section 114 of the Constitution provides that
(1) In exercising its legislative power, a provincial legislature may- ¬
(a) consider, pass, amend or reject any Bill before the legislature; and
(b) initiate or prepare legislation, except money Bills.
MPLs consider Bills placed before them by the provincial executive, comprised of the Premier and the Members of the Executive Council (MECs). MPLs debate Bills and budgets presented to them by the Provincial Executive in committee meetings and in sittings of the Legislature. Section 118 of the Constitution places an obligation on a provincial legislature to facilitate public involvement in the law-making and other processes of the Legislature.