The President and National Executive

83. The President—

(an) is the Head of State and leader of the national official;

(b) must maintain, protect and regard the Constitution as the incomparable law of the Republic; and

(c) advances the solidarity of the country and that which will propel the Republic.

Powers and elements of President

84. (1) The President has the forces endowed by the Constitution and enactment, including those important to play out the elements of Head of State and leader of the national official.

(2) The President is in charge of—

(a) consenting to and marking Bills;

(b) alluding a Bill back to the National Assembly for reexamination of the Bill’s defendability;

(c) alluding a Bill to the Constitutional Court for a choice on the Bill’s defendability;

(d) summoning the National Assembly, the National Council of Provinces or Parliament to a remarkable sitting to direct exceptional business;

(e) making any arrangements that the Constitution or enactment requires the President to make, other than as leader of the national official;

(f) naming commissions of request;

(g) calling a national submission as far as an Act of Parliament;

(h) accepting and perceiving remote political and consular agents;

(I) selecting envoys, emissaries, and strategic and consular delegates;

(j) exonerating or reprieving guilty parties and transmitting any fines, punishments or relinquishments; and

(k) giving respects.

[General Note: Honorable tributes established in Government Gazette 24155 of 6 December, 2002 and Government Gazette 25213 of 25 July, 2003.]

Official specialist of the Republic

85. (1) The official specialist of the Republic is vested in the President.

(2) The President practices the official specialist, together with alternate individuals from the Cabinet, by—

(an) executing national enactment with the exception of where the Constitution or an Act of Parliament gives generally;

(b) creating and executing national arrangement;

(c) co-ordinating the elements of state divisions and organizations;

(d) planning and starting enactment; and

(e) playing out some other official capacity accommodated in the Constitution or in national enactment.

Race of President

86. (1) At its first sitting after its race, and at whatever point important to fill an opportunity, the National Assembly should choose a lady or a man from among its individuals to be the President.

(2) The Chief Justice must direct the decision of the President, or assign another judge to do as such. The technique set out in Part An of Schedule 3 applies to the race of the President.

[Sub-s. (2) substituted by s. 6 of the Constitution Sixth Amendment Act of 2001.]

(3) A race to fill an opening in the workplace of President must be held at once and out on the town controlled by the Chief Justice, however not over 30 days after the opportunity happens.

[Sub-s. (3) substituted by s. 6 of the Constitution Sixth Amendment Act of 2001.]

Supposition of office by President

87. At the point when chosen President, a man stops to be an individual from the National Assembly and, inside five days, must expect office by swearing or certifying dependability to the Republic and submission to the Constitution, as per Schedule 2.

Term of office of President

88. (1) The President’s expression of office starts on accepting office and closures upon an opening happening or when the individual next chose President expect office.

(2) No individual may hold office as President for in excess of two terms, yet when a man is chosen to fill an opening in the workplace of President, the period between that race and the following race of a President isn’t viewed as a term.

Expulsion of President

89. (1) The National Assembly, by a determination embraced with a supporting vote of no less than 66% of its individuals, may expel the President from office just on the grounds of—

(an) a genuine infringement of the Constitution or the law;

(b) genuine unfortunate behavior; or

(c) failure to play out the elements of office.

(2) Anyone who has been expelled from the workplace of President as far as subsection (1)(a) or (b) may not get any advantages of that office, and may not serve in any open office.

Acting President

90. (1) When the President is missing from the Republic or generally unfit to satisfy the obligations of President, or amid an opportunity in the workplace of President, an office-conveyor in the request beneath goes about as President:

(a) The Deputy President.

(b) A Minister assigned by the President.

(c) A Minister assigned by alternate individuals from the Cabinet.

(d) The Speaker, until the point when the National Assembly assigns one of its different individuals.

(2) An Acting President has the duties, powers and elements of the President.

(3) Before accepting the obligations, powers and elements of the President, the Acting President must swear or insist devotion to the Republic and compliance to the Constitution, as per Schedule 2.

(4) A man who as Acting President has sworn or avowed loyalty to the Republic require not rehash the swearing or asserting method for any ensuing term as Acting President amid the period finishing when the individual next chose President accept office.

[Sub-s. (4) included by s. 1 of the Constitution First Amendment Act of 1997]

Bureau

91. (1) The Cabinet comprises of the President, as leader of the Cabinet, a Deputy President and Ministers.

(2) The President delegates the Deputy President and Ministers, doles out their forces and works, and may reject them.

(3) The President—

(an) absolute necessity select the Deputy President from among the individuals from the National Assembly;

(b) may choose any number of Ministers from among the individuals from the Assembly; and

(c) may choose close to two Ministers from outside the Assembly.

(4) The President must designate an individual from the Cabinet to be the pioneer of government business in the National Assembly.

(5) The Deputy President must help the President in the execution of the elements of government.

Responsibility and obligations

92. (1) The Deputy President and Ministers are in charge of the forces and elements of the official allocated to them by the President.

(2) Members of the Cabinet are responsible all in all and independently to Parliament for the activity of their forces and the execution of their capacities.

(3) Members of the Cabinet must—

(a) demonstration as per the Constitution; and

(b) give Parliament full and normal reports concerning matters under their control.

Deputy Ministers

93. (1) The President may appoint—

(a) any number of Deputy Ministers from among the members of the National Assembly; and

(b) no more than two Deputy Ministers from outside the Assembly, to assist the members of the Cabinet, and may dismiss them.

(2) Deputy Ministers appointed in terms of subsection (1)(b) are accountable to Parliament for the exercise of their powers and the performance of their functions.

[S. 93 substituted by s. 7 of the Constitution Sixth Amendment Act of 2001.]

Continuation of Cabinet after elections

94. When an election of the National Assembly is held, the Cabinet, the Deputy President, Ministers and any Deputy Ministers remain competent to function until the person elected President by the next Assembly assumes office.

Oath or affirmation

95. Before the Deputy President, Ministers and any Deputy Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Conduct of Cabinet members and Deputy Ministers

96. (1) Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.

(2) Members of the Cabinet and Deputy Ministers may not—

(a) undertake any other paid work;

(b) act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or

(c) use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.

Transfer of functions

97. The President by proclamation may transfer to a member of the Cabinet—

(a) the administration of any legislation entrusted to another member; or

(b) any power or function entrusted by legislation to another member.

Temporary assignment of functions

98. The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Assignment of functions

99. A Cabinet member may assign any power or function that is to be exercised or performed in terms of an Act of Parliament to a member of a provincial Executive Council or to a Municipal Council. An assignment—

(a) must be in terms of an agreement between the relevant Cabinet member and the Executive Council member or Municipal Council;

(b) must be consistent with the Act of Parliament in terms of which the relevant power or function is exercised or performed; and

(c) takes effect upon proclamation by the President.

National intervention in provincial administration

[Heading amended by s. 2(a) the Constitution Eleventh Amendment Act of 2003.]

100. (1) When a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including—

(a) issuing a directive to the provincial executive, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and

(b) assuming responsibility for the relevant obligation in that province to the extent necessary to—

(i) maintain essential national standards or meet established minimum standards for the rendering of a service;

(ii) maintain economic unity;

(iii) maintain national security; or

(iv) prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole.

[Sub-s. (1) amended by s. 2(b) of the Constitution Eleventh Amendment Act of 2003.]

(2) If the national executive intervenes in a province in terms of subsection (1)(b)—

(a) it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began;

(b) the intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and

(c) the Council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the national executive.

[Sub-s. (2) substituted by s. 2(c) of the Constitution Eleventh Amendment Act of 2003.]

(3) National legislation may regulate the process established by this section.

[S. 100 amended by s. 2 of the Constitution Eleventh Amendment Act of 2003.]

Executive decisions

101. (1) A decision by the President must be in writing if it—

(a) is taken in terms of legislation; or

(b) has legal consequences.

(2) A written decision by the President must be countersigned by another Cabinet member if that decision concerns a function assigned to that other Cabinet member.

(3) Proclamations, regulations and other instruments of subordinate legislation must be accessible to the public.

(4) National legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be—

(a) tabled in Parliament; and

(b) approved by Parliament.

Motions of no confidence

102. (1) If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the Cabinet excluding the President, the President must reconstitute the Cabinet.

(2) If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the President, the President and the other members of the Cabinet and any Deputy Ministers must resign.

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