Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/47

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 5—The President and National Executive

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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.

National supervision of provincial administration

100.

(1)

When a province cannot or does not fulfil an executive obligation in terms of legislation or the Constitution, 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.

(2)

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

(a)

notice of the intervention must be tabled in the National Council of Provinces within 14 days of its first sitting after the intervention began;

(b)

the intervention must end unless it is approved by the Council within 30 days of its first sitting after the intervention began; and

(c)

the Council must review the intervention regularly and make any appropriate recommendations to the national executive.

(3)

National legislation may regulate the process established by this section.

Executive decisions

101.

(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.