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Republic of South Africa Constitution

Act No. 32 of 1961.


(2) Persons appointed under sub-section (1) shall hold office during the pleasure of the State President and shall be the Ministers of the Republic.

(3) No Minister shall hold office for a longer period than three months unless he is or becomes a member of the Senate or the House of Assembly.

(4) Whenever a Minister is from any cause whatever unable to perform any of the functions of his office, the State President may appoint any other member of the Executive Council to act in the said Minister’s stead, either generally or in the performance of any particular function.

(5) A Minister shall before assuming his duties as such or as a member of the Executive Council make and subscribe an oath before the State President or a person designated by him, in the following form:

I, A.B., do hereby swear to be faithful to the Republic of South Africa and undertake before God to honour this oath; to hold my office as Minister and as a member of the Executive Council with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters brought before the Executive Council which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.

So help me God.

(6) Any department of State established under section fourteen of the South Africa Act, 1909, and in existence immediately prior to the commencement of this Act, shall be deemed to have been duly established under this section, and any officer appointed under sub-section (1) of the first-mentioned section to administer any such department and holding office immediately prior to such commencement, shall be deemed to have been duly appointed under this section to administer that department, but shall make and subscribe the oath prescribed in sub-section (5) before assuming his duties.


Appointment and functions of Deputy Ministers.

21. (1) The State President may appoint not more than six persons to hold office during his pleasure as deputies to any Minister in his capacity as the person appointed to administer any particular department of State, and any such deputy may on behalf of that Minister and under the designation of Deputy Minister of the department in question, exercise such of the powers and perform such of the duties and functions assigned to that Minister in terms of any law or otherwise as the said Minister may from time to time determine, but shall not be a member of the Executive Council.

(2) Any person appointed under this section shall before assuming the duties of his office make and subscribe before the State President or a person designated by him for the purpose, an oath in such form as the State President may determine.