In terms of the Constitution of South Africa, the executive authority of each province is entrusted in the province's premier. The premier appoints an Executive Council consisting of ten members of the provincial legislature; they are called members of the Executive Council (MECs). The MECs are effectively ministers in the provincial government, and the Executive Council is effectively the premier's cabinet. MECs serve at the premier's discretion. The premier and the Executive Council are responsible for implementing provincial legislation and any national legislation allocated to the province. They set provincial policy and manage the departments of the provincial government; their actions are subject to the national constitution.
In order for an act of the provincial legislature to become law, the premier must sign it. If he believes that the act is unconstitutional, it can be referred back to the legislature for reconsideration. If the premier and the legislature cannot agree, the act must be referred to the Constitutional Court for final consideration. The premier is also ex officio a member of the National Council of Provinces, the upper house of Parliament, as one of the special delegates from his province.[2]
The provincial legislature can force the premier to resign by a motion of no confidence. If the premiership becomes vacant (for whatever reason) the provincial legislature must choose a new premier to serve out the period until the next election. One person cannot have served more than two five-year terms as premier; however, when a premier is chosen to fill a vacancy the time until the next election does not count as a term.
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