Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/29

56   No. 15466

93. (1) If Parliament passes a vote of no confidence in the Cabinet, including the President, the President shall, unless he or she resigns, dissolve Parliament and call an election in accordance with section 39.

(2) If Parliament passes a vote of no confidence in the President, but not in the other members of the Cabinet, the President shall resign.

(3) If Parliament passes a vote of no confidence in the Cabinet, excluding the President, the President may—

resign; reconstitute the Cabinet in accordance with section 88  (4); or dissolve Parliament and call an election in accordance with section 39.

(4) The President shall where required, or where he or she elects, to do so in terms of this section, dissolve Parliament by proclamation in the Gazette within 14 days of the relevant vote of no confidence.

Appointment of Deputy Ministers

94. (1) The President may, after consultation with the Executive Deputy Presidents and the leaders of the parties serving in the Cabinet, establish deputy ministerial posts.

(2) A party shall be entitled to be allocated one or more of the deputy ministerial posts in the same proportion and according to the same formula as that in which the portfolios in the Cabinet are allocated to it.

(3) The provisions of section 88  (4) to (10) shall apply mutatis mutandis in respect of Deputy Ministers, and in such application a reference to—

a Minister or portfolio shall be construed as a reference to a Deputy Minister and a deputy ministerial post, respectively; and subsection (3) of section 88 shall be construed as a reference to subsection (2) of this section.

(4) If a person is appointed as the Deputy Minister of any portfolio entrusted to a Minister—

such Deputy Minister shall exercise and perform on behalf of the relevant Minister any of the powers and functions assigned to such Minister in terms of any law or otherwise which may, subject to the directions of the President, be assigned to him or her by such Minister; and any reference in any law to such a Minister shall be construed as including a reference to the Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he or she acts.

(5) Whenever a Deputy Minister is absent or for any reason unable to exercise or perform any of the powers or functions of his or her office, the President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister’s stead, either generally or in the exercise or performance of any specific power or function.

Composition and functioning of Cabinet in event of non-participation by parties

95. (1) If every party entitled to designate an Executive Deputy President, other than the President’s party, fails to do so, the Executive Deputy President of the President’s party shall exercise and perform the powers and functions of the Executive Deputy Presidents.

(2) If any party entitled to Cabinet portfolios declines to serve in the Cabinet, such party shall be disregarded in the determination of portfolio allocations in terms of section 88.

(3) If all parties entitled to Cabinet portfolios, other than the President’s party, decline to serve in the Cabinet, appointments to the Cabinet shall be made at the discretion of the President.