In terms of the constitution, the executive authority of a province is vested in the Premier. The Premier appoints an Executive Council made up of ten members of the provincial legislature; they are known as Members of the Executive Council (MECs). The MECs are effectively ministers and the Executive Council a cabinet at the provincial level. The Premier has the warrant to appoint and dismiss MECs at his/her own discretion.
The Premier and the Executive Council are responsible for implementing provincial legislation, along with any national legislation assigned 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/she 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 a final decision.
The election for the Gauteng Provincial Legislature is held every five years, simultaneously with the election of the National Assembly; the last such election occurred on 8 May 2019. At the first meeting of the provincial legislature after an election, the members choose the Premier from amongst themselves. 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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