The Office of the Premier derives its mandate primarily from the Constitution, the Public Service Act, 1994 (Act No. 103 of 1994) and its regulations, the Public Finance Management Act, 1999 (Act No. 1 of 1999) and its regulations as well as national and provincial policy directives and the overall mandate of government. The most important provisions are:
- The Premier has executive, policy, legislative, intergovernmental and ceremonial functions and responsibilities as defined in Chapter 6 of the Constitution of the Republic of South Africa.
- The Premier, as the political head of the Provincial Government, is responsible for the implementation of Chapter 3 of the Constitution. Section 41(1) defines the relationship and principles underlying cooperation between the various spheres of government.
- Section 125(2) of the Constitution determines that the Premier exercises the executive authority of the province together with other members of the Executive Council (EXCO). The Premier appoints these members and assigns their functions and responsibilities and delegate powers to them.
- The Premier, with the EXCO, exercises executive power by:
- Implementing provincial legislation in the province
- Implementing national legislation in functional areas
- Administering national legislation in the province (if assigned by Parliament)
- Developing and implementing provincial policy
- Coordinating the functions of the provincial administration and its departments
- Preparing and initiating provincial legislation and participating in the procedural and legislative initiatives of the National Council of Provinces and
- Performing any other function assigned to the Provincial Executive in terms of the Constitution or an Act of Parliament.
The Premier and all members of EXCO are accountable to the Provincial Legislature for the exercise of powers and the performance of functions allocated to them. The Director General is responsible for the execution of duties and responsibilities as derived from, inter alia, the Public Service Act and the Public Finance Management Act. This includes administrative leadership, planning, monitoring, coordination and delivery in accordance with the Public Service Act, 1994 as amended together with the regulations.
Transversal Legislative Framework
- Public Service Act, 1994, as amended together with the Public Service Regulations, 2001, as amended
- Public Finance Management Act (PFMA), 1999 together with the Treasury Regulations
- Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
- Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
- Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)
- Skills Development Act, 1998 (Act No. 97 of 1998)
- South African Qualifications Authority Act, 1995 (Act No. 58 of 1995)
- Labour Relations Act, 1995 (Act No. 66 of 1995, as amended
- Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997
- Employment Equity Act, 1998 (Act No. 55 of 1998)
- Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)
- Preferential Procurement Policy Framework, 2000
- Broad Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) and
- Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005).