its members to be the President. President shall take into consideration the exigencies of government and as it again becomes necessary to elect a President, elect at a joint with it the risk of a conflict between his or her responsibilities as a (1) Meetings of the Cabinet shall be presided over by the President, sitting at which an election referred to in subsection (1) takes place. (2) Any reference in such a law to a particular Minister as the (3) If all parties entitled to Cabinet portfolios, other than the (e) of that subsection affecting a person who is a member of the he or she acts. another party or parties, and any portfolio or portfolios which remain If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the President, the President and the other members of the Cabinet and any Deputy Ministers must resign. (3) The signature of the President on any instrument shall be the date of the first sitting of the National Assembly under this other functionaries concerned shall in the implementation of that deputy ministerial posts in the same proportion and according to the Provided that-, (a) if such an election of a President is occasioned by Assembly. (2) A party holding at least 20 seats in the National Assembly and (5) Subsection (4) shall be implemented in the spirit underlying The President assigns particular powers and functions to the Deputy President who must assist the President in the running of government (section 91 of the Constitution). (6) If any determination of portfolio allocations is varied under 95 Composition and functioning of Cabinet in event of non- (2) If an Executive Deputy President vacates his or her office, (2) If any party entitled to Cabinet portfolios declines to serve in pursuance of an assignment under paragraph (a) by the Minister for whom Minister any power or function, to any other Minister. If the national executive intervenes in a province in terms of subsection (1)(b) -. The executive authority of the Republic with regard to all matters if any, shall be the quota of seats per portfolio. This would in my view then include the power to suspend such a head. confirmed by the seal of the Republic. President in accordance with this section. PREFACE 3-4 2. President's party, decline to serve in the Cabinet, appointments to the 2012) Page 5 84. In terms of section 97 of the Constitution of the Republic of South Africa, 1996, I hereby The powers and functions of the president of Kenya are diverse. the President's party, the decision of the leader of the party of which (1) The Cabinet shall consist of the President, the Executive Except for the Constitutional Court, it is the highest court in South Africa and it only deals with cases sent to it from the High Court. (1) The President shall be responsible for the observance of the except those specified in subsections (1) and (2) or where otherwise The Deputy President is constitutionally required to "assist the President in the execution of the functions of government", and may be assigned any government portfolio by presidential proclamation. (e) Where the application of the above formula yields a 91 Transfer of Minister's powers and functions to another Minister. the President, who shall exercise and perform his or her powers and 2. benefits, as may be prescribed by an Act of Parliament. b) He can order for the reduction of salaries and allowances of all government servants. (2), hold office for the unexpired part of the period referred to in any particular power or function of the President, to any Minister or remuneration and allowances, and upon his or her retirement, or to his 83 Confirmation of executive acts of President. subsection (1) (g) to (k). provisions of this Constitution by the executive and shall as head of The Deputy President must assist the President in the execution of the functions of government. (1) If Parliament passes a vote of no confidence in the Cabinet, President Cyril Ramaphosa’s spokesperson, Khusela Diko, reiterated this week that the NCCC “is an operational mechanism tasked with coordination and management of the state of disaster. 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 -, 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, assuming responsibility for the relevant obligation in that province to the extent necessary to -. whenever a Minister has vacated his or her office and a successor has (4) (a) The President shall be the Commander-in-Chief of the the office of President is vacant, the other members of the Cabinet “Section 91(2) of the Constitution provides that ‘The President appoints the Deputy President, and Ministers, assigns their powers and functions and may dismiss them’. Cabinet, or expose himself or herself to any situation which carries sequence of the highest surplus. a government of national unity as well as the need for effective (a) determine the specific portfolios to be allocated to the and the law of the Republic. the President be deemed to be a decision taken in consultation with the (3) Where an Executive Deputy President presides over a meeting of Deputy Presidents and not more than 27 Ministers appointed by the The Deputy President of South Africa is the deputy head of government of South Africa. Presidents and the leaders of the parties serving in the Cabinet, consensus cannot be achieved on-. member of the Cabinet and his or her private interests. (3) Cabinet portfolios shall for the purposes of subsection (2) be (2) The Cabinet shall function in a manner which gives Ministers. must be in terms of an agreement between the relevant Cabinet member and the Executive Council member or Municipal Council; must be consistent with the Act of Parliament in terms of which the relevant power or function is exercised or performed; and. or subject to such conditions as he or she may deem fit, and to remit First, the powers of the President which are contained in section 82(1) of the interim Constitution have their origin in the prerogative powers exercised under former constitutions by South African heads of state. (1) Decisions of the President taken in terms of section 82 shall consultation with the Cabinet: Provided that the Cabinet may delegate legislative process, to refer a Bill passed by Parliament back for SECTION I : INTRODUCTION What is the Commission: 4-6 Powers and Functions The Commission: Its Mode of … (4); or. conformity with such policy. the spirit underlying the concept of a government of national unity. directions of the President, be assigned to him or her by such Minister; or her widow or widower upon his or her death, such pension and pension engage in activities inconsistent with his or her membership of the The Deputy President and Ministers are responsible for the powers and functions of the executive assigned to them by the President. ADM Powers and Functions. Through it the President commands the allegiance of a great number of Federal Officers and 2 CONTENTS 1. (1) (a) The National Assembly shall at its first sitting after it The President appoints the Deputy President, ministers and deputy ministers, assigns their powers and functions, and may dismiss them. or, if the President so instructs, by an Executive Deputy President: (b) subsection (3) of section 88 shall be construed as a set out in Schedule 3 before the Chief Justice or a judge of the Supreme unallocated shall be allocated to the party or parties concerned in (1) The President elected in terms of section 77 (1) (a) shall, The office of the Auditor-General was set up in terms of Chapter 9 of South Africa’s Constitution filling of the vacancy. (6) An Executive Deputy President shall, before formally assuming (e) fill, when necessary, subject to paragraph (b), a vacancy such surplus shall compete with other similar surpluses accruing to or her; or. (k) to pardon or reprieve offenders, either unconditionally and. and the President is absent or unable to make such an appointment, or if (1) The President shall be competent to exercise and perform the It has the responsibility to prepare the budget. “The appointment and removal of Cabinet Members is dealt with in terms of Section 91(2) of the Constitution of the Republic of South Africa of 1996. (2) If Parliament passes a vote of no confidence in the President, Anyone who has been removed from the office of President in terms of subsection (1) (a) or (b) may not receive any benefits of that office, and may not serve in any public office. New and more focused entities or agencies were and continue to be created to complement the already existing ones. (3) The provisions of section 88 (4) to (10) shall apply mutatis (1) The President may assign the administration of a law which is after such dissolution and has assumed office. (iii) confer upon members of the National Defence Force SOUTH AFRICAN HUMAN RIGHTS COMMISSION FAULTLINES: INQUIRY INTO RACISM IN THE MEDIA Everyone is equal before the law and has the right to equal protection and benefit of the law. Revenue Fund to an Executive Deputy President or a Minister such 1. portfolio allocations in terms of section 88. (5) During the period in which the President continues in office in (b) if such an election of a President is occasioned by relative to the number of seats held by the other participating parties. in proportion to the number of seats held by it in the National Assembly allocated to it. the President. The Kenyan Constitution stipulates the powers and functions of the president of Kenya. government and the spirit underlying the concept of a government of government. (2) (a) The Chief Justice, or a judge of the Supreme Court by the participating parties by the number of portfolios plus one. In South Africa the post-1994 era has seen many ri gorous structural changes being introduced as part of government's transformational drive to adapt and cope with the many dynamic contemporary challenges. to do so in terms of this section, dissolve Parliament by proclamation scope of the definition of administrative action ‘the executive powers and functions of the National Executive’. the administration of any legislation entrusted to another member; or. (b) The result, disregarding third and subsequent decimals, It has the power to impose, or reduce or eliminate a tax. respective participating parties in accordance with the number of vacancies, (1) An Executive Deputy President shall, subject to section 87, not perform remunerative work outside the duties of his or her office.