104. Legislative authority of provinces.-(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
(c) to assign any of its legislative powers to a municipal council in that province.
(2) The legislature of a province, by a resolution
adopted with a supporting vote of at least two thirds of its members,
may request Parliament to change the name of that province.
(3) A provincial legislature is bound only by the
Constitution and, if it has passed a constitution for its province, also
by that constitution, and must act in accordance with, and within the
limits of, the Constitution and that provincial constitution.
(4) Provincial legislation with regard to a matter
that is reasonably necessary for, or incidental to, the effective
exercise of a power concerning any matter listed in Schedule 4, is for
all purposes legislation with regard to a matter listed in Schedule 4.
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