Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/139

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Schedule 6—Transitional Arrangements

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other diplomatic representatives;

(e)

before appointing commissions of inquiry;

(f)

before calling a referendum; and

(g)

before pardoning or reprieving offenders.”

2.

Section 89 of the new Constitution is deemed to contain the following additional subsection:

“(3)

Subsections (1) and (2) apply also to an Executive Deputy President.”.

3.

Paragraph (a) of section 90(1) of the new Constitution is deemed to read as follows:

“(a)

an Executive Deputy President designated by the President;”.

4.

Section 91 of the new Constitution is deemed to read as follows:

“Cabinet

91.

(1)

The Cabinet consists of the President, the Executive Deputy Presidents and —

(a)

not more than 27 Ministers who are members of the National Assembly and appointed in terms of subsections (8) to (12); and

(b)

not more than one Minister who is not a member of the National Assembly and appointed in terms of subsection (13), provided the President, acting in consultation with the Executive Deputy Presidents and the leaders of the participating parties, deems the appointment of such a Minister expedient.

(2)

Each party holding at least 80 seats in the National Assembly is entitled to designate an Executive Deputy President from among the members of the Assembly.

(3)

If no party or only one party holds 80 or more seats in the Assembly, the party holding the largest number of seats and the party holding the second largest number of seats are each entitled to designate one Executive Deputy President from among the members of the Assembly.

(4)

On being designated, an Executive Deputy President may elect to remain or cease to be a member of the Assembly.

(5)

An Executive Deputy President may exercise the powers and must perform the functions vested in the office of Executive Deputy President by the Constitution or assigned to that office by the President.

(6)

An Executive Deputy President holds office —

(a)

until 30 April 1999 unless replaced or recalled by the party entitled to make the designation in terms of subsections (2) and (3); or}}

(b)

until the person elected President after any election of the National Assembly held before 30 April 1999, assumes office.

(7)

A vacancy in the office of an Executive Deputy President may