Western Cape prepares for new leadership as sixth provincial parliament dissolves | News24

The inauguration of the sixth parliament in 2019.PHOTO: Samantha Lee-Jacobs

• The Western Cape will see new leadership sworn in within 14 days, while outgoing Premier Alan Winde and his cabinet retain their roles until then.
• The first parliamentary sitting will involve swearing in new members and electing the Premier, Speaker, and Deputy Speaker.
• The legislative authority of the Western Cape Provincial Parliament includes passing bills, preparing legislation, and maintaining oversight of the provincial executive, with seats allocated based on recent election results.

With the dissolution of the sixth provincial parliament at midnight on Tuesday 28 May, the Western Cape will see its new leadership sworn in to the provincial legislature within the next 14 days.

Until such time, the province is not without government as outgoing Premier and 2024 premier candidate for the Democratic Alliance (DA) Alan Winde retains his post and privileges until the first sitting of the house.

Until this date, the cabinet of ministers remain in their posts and retain their privileges and responsibilities as well until the election of a new premier at the first sitting of the seventh parliament.

“The provincial government continues to operate under the leadership of the current premier and cabinet until a new Premier is sworn in and a new Cabinet is appointed. During the first parliamentary sitting, a judge designated by the Chief Justice of the Constitutional Court, administers the oath of office to the newly elected members. This will be followed by the election of the Premier, the Speaker and Deputy Speaker,” says Mattys Odendal, spokesperson for the Western Cape Legislature.

Legislatve competence

“The main difference between provincial and national parliaments lies in their legislative competence. Provincial legislatures do not have the same legislative powers as national parliament.

“This means that provincial legislatures can only legislate on matters specifically mentioned in schedules 4 and 5 of the Constitution while the national parliament can legislate on schedule 4 matters as well as anything not specifically mentioned in the schedules. While national and provincial parliaments have concurrent jurisdiction over some of the matters, only the national parliament can legislate on any matter that deals with foreign affairs, National defence force or State Security Agency,” says Odendal.

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The legislative authority of any province in South Africa is vested in its provincial legislature. The Western Cape Provincial Parliament has the power to:

• Consider, pass, amend, or reject any bill before the legislature;
• Initiate or prepare legislation, except money bills;
• Provide mechanisms to ensure that all provincial executive organs of state in the province are accountable to it; and
• Maintain oversight of the exercise of the provincial executive authority.

There are 42 seats in the provincial legislature.