Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/145

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Schedule 6—Transitional Arrangements

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the Premier of the province.

(8)

An Executive Council must function in a manner which gives consideration to the consensus-seeking spirit embodied in the concept of a government of national unity, as well as the need for effective government.”

2.

Section 136 of the new Constitution is deemed to contain the following additional subsections:

“(3)

Members of Executive Councils are accountable individually to the Premier and to the provincial legislature for the administration of their portfolios, and all members of the Executive Council are correspondingly accountable collectively for the performance of the functions of the provincial government and for its policies.

(4)

Members of Executive Councils must administer their portfolios in accordance with the policy determined by the Council.

(5)

If a member of an Executive Council fails to administer the portfolio in accordance with the policy of the Council, the Premier may require the member concerned to bring the administration of the portfolio into conformity with that policy.

(6)

If the member concerned fails to comply with a requirement of the Premier under subsection (5), the Premier may remove the member from office after consultation with the member, and if the member is not a member of the Premier’s party or is not the leader of a participating party, also after consultation with the leader of that member’s party.”.

Annexure D

Public administration and security services: Amendments to sections of the previous Constitution

1.

The amendment of section 218 of the previous Constitution —

(a)

by replacing in subsection (1) the words preceding paragraph (a) with the following words:

“(1)

Subject to the directions of the Minister of Safety and Security, the National Commissioner shall be responsible for —”;

(b)

by replacing paragraph (b) of subsection (1) with the following paragraph:

“(b)

the appointment of provincial commissioners;”;

(c)

by replacing paragraph (d) of subsection (1) with the following paragraph:

“(d)

the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills;”; and

(d)

by replacing paragraph (k) of subsection (1) with the