Constitution of the Republic of South Africa, 1996 - Schedule 4: Functional areas of concurrent national and provincial legislative competence

Part A

  • Administration of indigenous forests
  • Agriculture
  • Airports other than international and national airports
  • Animal control and diseases
  • Casinos, racing, gambling and wagering, excluding lotteries and sports pools
  • Consumer protection
  • Cultural matters
  • Disaster management
  • Education at all levels, excluding tertiary education
  • Environment
  • Health services
  • Housing
  • Indigenous law and customary law, subject to Chapter 12 of the Constitution
  • Industrial promotion
  • Language policy and the regulation of official languages to the extent that the provisions of section 6 of the Constitution expressly confer upon the provincial legislatures legislative competence
  • Media services directly controlled or provided by the provincial government, subject to section 192
  • Nature conservation, excluding national parks, national botanical gardens and marine resources
  • Police to the extent that the provisions of Chapter 11 of the Constitution confer upon the provincial legislatures legislative competence
  • Pollution control
  • Population development
  • Property transfer fees
  • Provincial public enterprises in respect of the functional areas in this Schedule and Schedule 5
  • Public transport
  • Public works only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution or any other law
  • Regional planning and development
  • Road traffic regulation
  • Soil conservation
  • Tourism
  • Trade
  • Traditional leadership, subject to Chapter 12 of the Constitution
  • Urban and rural development
  • Vehicle licensing
  • Welfare services

Part B

The following local government matters to the extent set out in section 155(6)(a) and (7):

  • Air pollution
  • Building regulations
  • Child care facilities
  • Electricity and gas reticulation
  • Firefighting services
  • Local tourism
  • Municipal airports
  • Municipal planning
  • Municipal health services
  • Municipal public transport
  • Municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this Constitution or any other law
  • Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto
  • Stormwater management systems in built-up areas
  • Trading regulations
  • Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems