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Government Gazette, 18 December 1996
No. 17678 43
| Constitution of the Republic of South Africa, 1996 | Act No. 108, 1996 |
Chapter 5—The President and National Executive
that office, and may not serve in any public office.
Acting President
90.
(1)
When the President is absent from the Republic or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, an office-bearer in the order below acts as President:(a)
The Deputy President.(b)
A Minister designated by the President.(c)
A Minister designated by the other members of the Cabinet.(d)
The Speaker, until the National Assembly designates one of its other members.(2)
An Acting President has the responsibilities, powers and functions of the President.(3)
Before assuming the responsibilities, powers and functions of the President, the Acting President must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
Cabinet
91.
(1)
The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.(2)
The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.(3)
The President —(a)
must select the Deputy President from among the members of the National Assembly;(b)
may select any number of Ministers from among the members of the Assembly; and(c)
may select no more than two Ministers from outside the Assembly.(4)
The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly.(5)
The Deputy President must assist the President in the execution of the functions of government.
Accountability and responsibilities
92.
(1)
The Deputy President and Ministers are responsible for the powers and functions of the executive assigned to them by the President.(2)
Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.(3)
Members of the Cabinet must —(a)
act in accordance with the Constitution; and(b)
provide Parliament with full and regular reports concerning