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Republic of South Africa Constitution

Act No. 32 of 1961.

(4) of section sixty-six shall as from the termination of such appointment resume his office and functions as a member of such executive committee unless his successor has in the meantime been elected under the provisions of sub-section (1) of this section.

(5) Any casual vacancy arising in the executive committee shall be filled by election by the provincial council if in session, or, if the council is not in session, by a person appointed by the executive committee to hold office temporarily pending an election by the council.


Method of voting for provincial executive committees.

77. (1) The election of members of the executive committee of a province as provided in this Act shall, whenever such election is contested, be according to the principle of proportional representation, each voter having one transferable vote.

(2) The State President shall make regulations in regard to the election of members of the executive committee of a province, including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection therewith.


Right of administrator, etc., to take part in proceedings of provincial council.

78. The administrator and any other member of the executive committee of a province, not being a member of the provincial council, shall have the right to take part in the proceedings of the council, but shall not have the right to vote: Provided that a member of the executive committee who is a member of the provincial council, and who is appointed as a deputy-administrator under the provisions of subsection (4) of section sixty-six, shall during the period of his appointment retain the right to vote as a member of the provincial council.


Powers of provincial executive committees.

79. (1) The executive committee shall on behalf of the provincial council carry on the administration of provincial affairs.

(2) Whenever there are not sufficient members of the executive committee to form a quorum according to the rules of the committee, the administrator shall as soon as practicable convene a meeting of the provincial council for the purpose of electing members to fill the vacancies, and until such election the administrator shall carry on the administration of provincial affairs.


Transfer of powers to provincial executive committees.

80. Subject to the provisions of this Act, all powers, authorities and functions which immediately prior to the commencement of this Act were vested in or exercised by the executive committee of a province in terms of the South Africa Act, 1909, shall as far as the same continue in existence and are capable of being exercised after the commencement of this Act, be vested in the corresponding executive committee established under this Act.


Voting in executive committees.

81. (1) Questions arising in the executive committee shall be determined by a majority of votes of the members present, and, in case of an equality of votes, the administrator shall have also a casting vote.