Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/143



Schedule 6—Transitional Arrangements

portfolios, and all members of the Cabinet are correspondingly accountable collectively for the performance of the functions of the national government and for its policies.

Ministers must administer their portfolios in accordance with the policy determined by the Cabinet.

If a Minister fails to administer the portfolio in accordance with the policy of the Cabinet, the President may require the Minister concerned to bring the administration of the portfolio into conformity with that policy.

If the Minister concerned fails to comply with a requirement of the President under subsection (5), the President may remove the Minister from office —

if it is a Minister referred to in section 91  (1)(a), after consultation with the Minister and, if the Minister is not a member of the President’s party or is not the leader of a participating party, also after consultation with the leader of that Minister’s party; or if it is a Minister referred to in section 91(1)(b), after consultation with the Executive Deputy Presidents and the leaders of the participating parties.”

Section 132 of the new Constitution is deemed to read as follows:

“Executive Councils

The Executive Council of a province consists of the Premier and not more than 10 members appointed by the Premier in accordance with this section.

A party holding at least 10 per cent of the seats in a provincial legislature and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the Executive Council portfolios in proportion to the number of seats held by it in the legislature relative to the number of seats held by the other participating parties.

Executive Council portfolios must be allocated to the respective participating parties according to the same formula set out in section 91  (9), and in applying that formula a reference in that section to —

the Cabinet, must be read as a reference to an Executive Council; a Minister, must be read as a reference to a member of an Executive Council; and