Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/26

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Tenure of office of Executive Deputy Presidents and filling of vacancies

85. (1) An Executive Deputy President shall, subject to section 87, hold office—

(a)

for the period terminating on a date five years as from the date of the first sitting of the National Assembly under this Constitution, unless he or she is before the expiry of such period replaced as Executive Deputy President by the party which designated him or her; or

(b)

if Parliament is dissolved during such period, for the period until a President has been elected in terms of section 77(1)(b) after such dissolution and has assumed office.

(2) If an Executive Deputy President vacates his or her office, section 84(1) or (2) shall apply mutatis mutandis in respect of the filling of the vacancy.

(3) An Executive Deputy President designated to fill a vacancy shall, subject to subsection (1)(b) of this section and section 87, hold office for the unexpired part of the period referred to in subsection (1)(a) of this section.

Acting President

86. (1) The President shall appoint one of the Executive Deputy Presidents, or if no Executive Deputy President is available, a Minister, to act as President during his or her absence or temporary incapacity.

(2) In designating an Acting President under subsection (1), the President shall take into consideration the exigencies of government and the spirit underlying the concept of a government of national unity.

(3) Should it be necessary that an Acting President be appointed and the President is absent or unable to make such an appointment, or if the office of President is vacant, the other members of the Cabinet shall make such appointment, taking into consideration the exigencies of government and the spirit underlying the concept of a government of national unity.

(4) An Acting President shall while acting as President have all the powers and functions vested in the office of President.

Removal from office of President or Executive Deputy President

87. The President or an Executive Deputy President shall cease to hold office on a resolution adopted at a joint sitting of the National Assembly and the Senate by a majority of at least two-thirds of the total number of members of the Houses and impeaching the President or such Executive Deputy President on the ground of a serious violation of this Constitution or the other laws of the Republic, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions in accordance with section 81 or 84(4), as the case may be.

Cabinet

88. (1) The Cabinet shall consist of the President, the Executive Deputy Presidents and not more than 27 Ministers appointed by the President in accordance with this section.

(2) A party holding at least 20 seats in the National Assembly and which has decided to participate in the government of national unity, shall be entitled to be allocated one or more of the Cabinet portfolios in proportion to the number of seats held by it in the National Assembly relative to the number of seats held by the other participating parties.

(3) Cabinet portfolios shall for the purposes of subsection (2) be allocated to the respective participating parties in accordance with the following formula:

(a)

A quota of seats per portfolio shall be determined by dividing the total number of seats in the National Assembly held jointly by the participating parties by the number of portfolios plus one.