Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/50

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Tenure of and removal from office of Premiers

146. (1) The Premier of a province elected in terms of section 145(1) shall, subject to subsection (2) and section 154(2), hold office—

(a)

for the period referred to in section 128(1); or

(b)

if the provincial legislature is dissolved during such period, for the period until such dissolution,

and shall thereafter remain in office until a Premier has been elected in terms of section 145(1)(b) after the dissolution and has assumed office.

(2) The Premier of a province shall cease to hold office on a resolution adopted by the provincial legislature by a majority of at least two-thirds of all its members and impeaching the Premier on the ground of a serious violation of this Constitution or the other laws of the Republic or the province in question, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions in accordance with section 147.

Responsibilities, powers and functions of Premiers

147. (1) The Premier of a province shall be responsible for the observance of the provisions of this Constitution and all other laws by the executive of the province, and shall be competent to exercise and perform the following powers and functions, namely—

(a)

to assent to, sign and promulgate Bills duly passed by the provincial legislature;

(b)

in the event of a procedural shortcoming in the legislative process, to refer a Bill passed by the provincial legislature back for further consideration by such legislature;

(c)

to convene meetings of the Executive Council;

(d)

to appoint commissions of enquiry;

(e)

to make such appointments as may be necessary under powers conferred upon him or her by this Constitution or any other law; and

(f)

to proclaim referenda and plebiscites in terms of this Constitution or a provincial law.

(2) The Premier of a province shall exercise and perform all powers and functions assigned to him or her by this Constitution or any other law, except those specified in subsection (1) or where otherwise expressly or by implication provided in this Constitution, in consultation with the Executive Council of the province: Provided that the Executive Council may delegate its consultation function in terms of this subsection, with reference to any particular power or function of the Premier, to any member or members of the Executive Council.

Acting Premiers

148. (1) The Premier of a province shall appoint one of the members of the Executive Council of the province to act as Premier during his or her absence or temporary incapacity.

(2) Should it be necessary that an Acting Premier be appointed and the Premier is absent or unable to make such an appointment, or if the office of Premier is vacant, the other members of the Executive Council shall make such appointment.

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

Executive Councils

149. (1) The Executive Council of a province shall consist of the Premier and not more than 10 members appointed by the Premier in accordance with this section.

(2) A party holding at least 10 per cent of the seats in a provincial legislature and which has decided to participate in the Executive Council, shall be entitled to be allocated one or more of the Executive Council portfolios in proportion to the number of seats held by it in the provincial legislature relative to the number of seats held by the other participating parties.