Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 6

Powers and functions of President

82. (1) The President shall be competent to exercise and perform the following powers and functions, namely—

to assent to, sign and promulgate Bills duly passed by Parliament; in the event of a procedural shortcoming in the legislative process, to refer a Bill passed by Parliament back for further consideration by Parliament; to convene meetings of the Cabinet; to refer disputes of a constitutional nature between parties represented in Parliament or between organs of state at any level of government to the Constitutional Court or other appropriate institution, commission or body for resolution; to confer honours; to appoint, accredit, receive and recognise ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to appoint commissions of enquiry; to make such appointments as may be necessary under powers conferred upon him or her by this Constitution or any other law; to negotiate and sign international agreements; to proclaim referenda and plebiscites in terms of this Constitution or an Act of Parliament; and to pardon or reprieve offenders, either unconditionally or subject to such conditions as he or she may deem fit, and to remit any fines, penalties or forfeitures.

(2) The President shall consult the Executive Deputy Presidents—

in the development and execution of the policies of the national government; in all matters relating to the management of the Cabinet and the performance of Cabinet business; in the assignment and allocation of functions contemplated in section 84(5) to an Executive Deputy President; regarding appointments under subsection (1)(f); and before exercising any of the competences referred to in subsection (1)(g) to (k).

(3) The President shall exercise and perform all powers and functions assigned to him or her by this Constitution or any other law, except those specified in subsections (1) and (2) or where otherwise expressly or by implication provided in this Constitution, in consultation with the Cabinet: Provided that the Cabinet may delegate its consultation function in terms of this subsection, with reference to any particular power or function of the President, to any Minister or Ministers.

(4) (a) The President shall be the Commander-in-Chief of the South African National Defence Force.

(b) The President may—

with the approval of Parliament, declare a state of national defence; employ the South African National Defence Force in accordance with and subject to sections 227 and 228; and confer upon members of the South African National Defence Force permanent commissions and cancel such commissions.