Section 93-102 Constitution of South Africa 1996

Section 93-102 Constitution of South Africa 1996

Section 93, 94, 95, 96, 97, 98, 99, 100, 101, and 102 of the Constitution of South Africa 1996 (as amended), among others, are under Chapter 5 of the Constitution. Chapter 5 is titled ‘The President and National Executive‘.

Section 93 Constitution of South Africa 1996

Deputy Ministers

1. The President may appoint-

a. any number of Deputy Ministers from among the members of the National Assembly; and

b. no more than two Deputy Ministers from outside the Assembly, to assist the members of the Cabinet, and may dismiss them.

2. Deputy Ministers appointed in terms of subsection (1) (b) are accountable to Parliament for the exercise of their powers and the performance of their functions.

[S. 93 substituted by s. 7 of Act No. 34 of 2001.]

Section 94 Constitution of South Africa 1996

Continuation of Cabinet after elections

When an election of the National Assembly is held, the Cabinet, the Deputy President, Ministers and any Deputy Ministers remain competent to function until the person elected President by the next Assembly assumes office.

Section 95 Constitution of South Africa 1996

Oath or affirmation

Before the Deputy President, Ministers and any Deputy Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Section 96 Constitution of South Africa 1996

Conduct of Cabinet members and Deputy Ministers

1. Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.

2. Members of the Cabinet and Deputy Ministers may not ­

a. undertake any other paid work;

b. act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or

c. use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.

Section 97 Constitution of South Africa 1996

Transfer of functions

The President by proclamation may transfer to a member of the Cabinet ­

a. the administration of any legislation entrusted to another member; or

b. any power or function entrusted by legislation to another member.

Section 98 Constitution of South Africa 1996

Temporary assignment of functions

The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Section 99 Constitution of South Africa 1996

Assignment of functions

A Cabinet member may assign any power or function that is to be exercised or performed in terms of an Act of Parliament to a member of a provincial Executive Council or to a Municipal Council. An assignment ­

a. must be in terms of an agreement between the relevant Cabinet member and the Executive Council member or Municipal Council;

b. must be consistent with the Act of Parliament in terms of which the relevant power or function is exercised or performed; and

c. takes effect upon proclamation by the President.

Section 100 Constitution of South Africa 1996

National intervention in provincial administration

[Heading amended by s. 2(a) the Constitution Eleventh Amendment Act of 2003.]

1. When a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including –

a. issuing a directive to the provincial executive, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and

b. assuming responsibility for the relevant obligation in that province to the extent necessary to ­

i. maintain essential national standards or meet established minimum standards for the rendering of a service;

ii. maintain economic unity;

iii. maintain national security; or

iv. prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole.

[Sub-s. (1) substituted by s. (2) (b) of Act No. 3 of 2003.]

2. If the national executive intervenes in a province in terms of subsection (1)(b) ­

a. it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began;

b. the intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and

c. the Council must, while the intervention continues, review the intervention regularly and make any appropriate recommendations to the national executive.

[Sub-s. (2) substituted by s. (2) (c) of Act No. 3 of 2003.]

3. National legislation may regulate the process established by this section.

[S 100 amended by s. (2) (a) of Act No. 3 of 2003.]

Section 101 Constitution of South Africa 1996

Executive decisions

1. A decision by the President must be in writing if it ­

a. is taken in terms of legislation; or

b. has legal consequences.

2. A written decision by the President must be countersigned by another Cabinet member if that decision concerns a function assigned to that other Cabinet member.

3. Proclamations, regulations and other instruments of subordinate legislation must be accessible to the public.

4. National legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be ­

a. tabled in Parliament; and

b. approved by Parliament.

Section 102 Constitution of South Africa 1996

Motions of no confidence

1. If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the Cabinet excluding the President, the President must reconstitute the Cabinet.

2. If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the President, the President and the other members of the Cabinet and any Deputy Ministers must resign.

See also: Section 83-92 Constitution of South Africa 1996