The Eastern Cape Provincial Legislature derives its mandate from sections 104 – 124 of the Constitution of the Republic of South Africa, 1996. Section 114 of the Constitution enjoins the Legislature that:

1. in exercising its legislative power, a provincial legislature may:
   1. consider, pass, amend or reject any Bill before the legislature; and
   2. initiate or prepare legislation except for money Bills
2. A provincial legislature must provide mechanisms;
   1. to ensure that all Provincial executive organs of state in the province are accountable to it, and
   2. to maintain oversight of the provincial executive authority in the province, including the implementation of legislation and any provincial organ of state.

Section 118 prescribes that a provincial legislature must:

• Facilitate public involvement in the legislative and other processes of the Legislature and its committees.

In addition to the above, there are various pieces of legislation that govern or have direct bearing on the programmes and activities of the Legislature including:

• The Constitution of the Republic of South Africa,1996
• Financial Management of Parliament and Provincial Legislatures Act, 2009 (Act No.10 of 2009)
• Remuneration of Public Office Bearers Act, 1998 (Act No.20 of 1998)
• Mandating Procedures of Provinces Act, 2008 (Act No.52 of 2008)
• Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004 (Act No.4 of 2004)
• Basic Conditions of Employment Act, 1997 (Act No.75 of 1997)
• Labour Relations Act, 1995 (Act No.66 of 1995)
• Employment Equity Act, 1998 (Act No.55 of 1998)
• Skills Development Act, 1998 (Act 97 of 1998)
• Political Party Funding Act, 2018 (Act No.6 of 2018)
• Electoral Act, 1998 (Act No.73 of 1994)

The business and operations of the Legislature are further regulated by a number of policy directives, including (among others):

• Standing Rules of the Eastern Cape Legislature which provide for the powers, duties, functions and procedures of different legislature structures
• Rules and Executive Committee policy pronouncements relating to matters concerning the legislature.
• Adopted policies of the Legislature including Management and Financial, Supply Chain Management, Integrated Human Resource Management policies and procedures.

Section 116 of the Constitution gives the Legislature powers to determine and control its internal arrangement, proceedings, and procedures. Legislature establishes committees to ensure that it implements its mandate effectively. Membership of committees consists of Members of the Legislature. Currently the Legislature has established 18 Committees. Powers and Functions of committees are stipulated in the Standing Rules of the Legislature.

1. The legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power—
   1. to pass a constitution for its province or to amend any constitution passed by it in terms of sections 142 and 143;
   2. to pass legislation for its province with regard to—
      1. any matter within a functional area listed in Schedule 4;
      2. any matter within a functional area listed in Schedule 5;
      3. any matter outside those functional areas, and that is expressly assigned to the province by national legislation; and
      4. any matter for which a provision of the Constitution envisages the enactment of provincial legislation; and
   3. to assign any of its legislative powers to a Municipal Council in that province.
2. The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request Parliament to change the name of that province.
3. A provincial legislature is bound only by the Constitution and, if it has passed a constitution for its province, also by that constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution.
4. Provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule 4.
5. A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law.