South AfricaZA

Article 104 of the Constitution of South Africa

Article
104
Chapter
CHAPTER 6 — PROVINCES
Index row title
(1) The legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power—
Source document
The South Africa Constitution
Provision ID
992eaea6-4698-4ed2-9c42-44c28cd2a229

262 words

Verbatim text

(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. (5) A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law. Composition and election of provincial legislatures

What this means

  • The index files this text under article 104 of the Constitution of South Africa.
  • The index files it under the chapter heading “CHAPTER 6 — PROVINCES”.
  • The passage runs to about 262 words.
  • Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”).

The row’s stored title is a body fragment, not a heading (“(1) The legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power—”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of South Africa, article 104, Portable Lawyer, https://www.portablelawyer.app/provision/992eaea6-4698-4ed2-9c42-44c28cd2a229 (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/992eaea6-4698-4ed2-9c42-44c28cd2a229

Accessed 25 October 2026.

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