Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/141



Schedule 6—Transitional Arrangements

if the President is requested to do so by the leader of the party of which the Minister in question is a member; or if it becomes necessary for the purposes of the Constitution or in the interest of good government; or

fill, when necessary, subject to paragraph (b), a vacancy in the office of Minister.

Subsection (10) must be implemented in the spirit embodied in the concept of a government of national unity, and the President and the other functionaries concerned must in the implementation of that subsection seek to achieve consensus at all times: Provided that if consensus cannot be achieved on —

the exercise of a power referred to in paragraph (a), (c) or (d)(ii) of that subsection, the President’s decision prevails; the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that subsection affecting a person who is not a member of the President’s party, the decision of the leader of the party of which that person is a member prevails; and the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the President’s party, the President’s decision prevails.

If any determination of portfolio allocations is varied under subsection (10)(c), the affected Ministers must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respective parties in terms of the varied determination.

The President —

in consultation with the Executive Deputy Presidents and the leaders of the participating parties, must —

determine a specific portfolio for a Minister referred to in subsection (1)(b) should it become necessary pursuant to a decision of the President under that subsection; appoint in respect of that portfolio a person who is not a member of the National Assembly, as the Minister responsible for that portfolio; and fill, if necessary, a vacancy in respect of that portfolio; or

after consultation with the Executive Deputy Presidents and the leaders of the participating parties, must terminate any appointment under paragraph (a) if it becomes necessary for the purposes of the Constitution or in the interest of good government.

Meetings of the Cabinet must be presided over by the