Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/44

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 5—The President and National Executive

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(a)

implementing national legislation except where the Constitution or an Act of Parliament provides otherwise;

(b)

developing and implementing national policy;

(c)

co-ordinating the functions of state departments and administrations;

(d)

preparing and initiating legislation; and

(e)

performing any other executive function provided for in the Constitution or in national legislation.

Election of President

86.

(1)

At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President.

(2)

The President of the Constitutional Court must preside over the election of the President, or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the election of the President.

(3)

An election to fill a vacancy in the office of President must be held at a time and on a date determined by the President of the Constitutional Court, but not more than 30 days after the vacancy occurs.

Assumption of office by President

87.

When elected President, a person ceases to be a member of the National Assembly and, within five days, must assume office by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Term of office of President

88.

(1)

The President’s term of office begins on assuming office and ends upon a vacancy occurring or when the person next elected President assumes office.

(2)

No person may hold office as President for more than two terms, but when a person is elected to fill a vacancy in the office of President, the period between that election and the next election of a President is not regarded as a term.

Removal of President

89.

(1)

The National Assembly, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the President from office only on the grounds of —

(a)

a serious violation of the Constitution or the law;

(b)

serious misconduct; or

(c)

inability to perform the functions of office.

(2)

Anyone who has been removed from the office of President in terms of subsection (1)(a) or (b) may not receive any benefits of