Premier: Limpopo Province v Speaker: Limpopo Provincial Legislature and Others

The Limpopo Provincial Legislature passed the Financial Management of the Limpopo Provincial Legislature Bill, 2009, aimed at regulating its own financial management. The Bill was submitted to the Premier of Limpopo for assent. The Premier had reservations about its constitutionality, believing that the Provincial Legislature lacked legislative competence to enact such legislation, as financial management is not a functional area listed in Schedules 4 or 5 of the Constitution, nor expressly assigned by national legislation, nor envisaged by the Constitution for provincial legislation. After the Provincial Legislature reconsidered and reaffirmed the Bill, the Premier referred it to the Constitutional Court under section 121 of the Constitution for a determination of its constitutionality.

The Constitutional Court declared the Financial Management of the Limpopo Provincial Legislature Bill, 2009 unconstitutional. The Premier was not required to assent to or sign the Bill.

This case clarifies the limits of provincial legislative competence, particularly regarding financial management and institutional autonomy of provincial legislatures. It confirms that financial management of legislatures is governed by national legislation and reinforces the principle that provinces may legislate only within powers expressly conferred by the Constitution or national legislation.