Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/10

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Act No. 110, 1983

Republic of South Africa Constitution Act, 1983

(3) (a) No Minister shall hold office for a longer period than 12 months unless he is or becomes a member of a House.

(b) A Minister of any department of State for own affairs of a population group shall―

(i)

be a member of the population group in question; and

(ii)

at the time of his appointment as such Minister, in the opinion of the State President have the support of the majority in the House consisting of members of that population group.

(4) A Minister shall before assuming his duties make and subscribe an oath before the Chief Justice or any other judge of the Supreme Court 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 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 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.

Temporary performance of Minister’s functions of office by another Minister.

25. Whenever a Minister is for any reason unable to perform any of the functions of his office, or whenever any Minister has vacated his office and a successor has not yet been appointed, the State President may appoint any other Minister to act in the said Minister’s stead or office, either generally or in the performance of any specific function.

Assignment of powers, duties and functions of one Minister to another.

26. The State President may assign the administration of any provision in any law which entrusts to a Minister any power, duty or function, to any other Minister―

(a)

either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to such first-mentioned Minister; and

(b)

either generally or in so far as such provision, law or laws relate to any population group or matter mentioned in such assignment.

Appointment and functions of Deputy Ministers.

27. (1) (a) The State President may, subject to subsection (2), appoint any person to hold office during the State President’s pleasure as Deputy Minister of any specified department of State or Deputy Minister of such other description as the State President may determine, and to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister in terms of any law or otherwise which may, subject to the directions of the State President, be assigned to him from time to time by such Minister.

(b) Any reference in any law to a deputy to a Minister shall be construed as including a reference to a Deputy Minister appointed under this subsection, and any such reference to a Minister shall be construed as including a reference to a Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he acts.

(2) (a) No Deputy Minister shall hold office for a longer period than 12 months unless he is or becomes a member of a House.

(b) The provisions of section 24 (3) (b) shall apply mutatis mutandis to a Deputy Minister appointed to exercise or perform any powers, functions and duties on behalf of a Minister of a department of State for own affairs of a population group.

(3) A Deputy Minister shall before assuming his duties make and subscribe an oath, in the form prescribed in sec-