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56 No. 17678
Government Gazette, 18 December 1996
| Act No. 108, 1996 | Constitution of the Republic of South Africa, 1996 |
Chapter 6—Provinces
(2)
No person may hold office as Premier for more than two terms, but when a person is elected to fill a vacancy in the office of Premier, the period between that election and the next election of a Premier is not regarded as a term.(3)
The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the Premier 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.(4)
Anyone who has been removed from the office of Premier in terms of subsection (3)(a) or (b) may not receive any benefits of that office, and may not serve in any public office.
Acting Premiers
131.
(1)
When the Premier is absent or otherwise unable to fulfil the duties of the office of Premier, or during a vacancy in the office of Premier, an office-bearer in the order below acts as the Premier:(a)
A member of the Executive Council designated by the Premier.(b)
A member of the Executive Council designated by the other members of the Council.(c)
The Speaker, until the legislature designates one of its other members.(2)
An Acting Premier has the responsibilities, powers and functions of the Premier.(3)
Before assuming the responsibilities, powers and functions of the Premier, the Acting Premier must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
Executive Councils
132.
(1)
The Executive Council of a province consists of the Premier, as head of the Council, and no fewer than five and no more than ten members appointed by the Premier from among the members of the provincial legislature.(2)
The Premier of a province appoints the members of the Executive Council, assigns their powers and functions, and may dismiss them.
Accountability and responsibilities
133.
(1)
The members of the Executive Council of a province are responsible for the functions of the executive assigned to them by the Premier.(2)
Members of the Executive Council of a province are accountable collectively and individually to the legislature for the exercise of their powers and the performance of their functions.