Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/144



Schedule 6—Transitional Arrangements

the National Assembly, must be read as a reference to the provincial legislature.

The Premier of a province after consultation with the leaders of the participating parties must —

determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (3); appoint in respect of each such portfolio a member of the provincial legislature who is a member of the party to which that portfolio was allocated under paragraph (a), as the member of the Executive Council responsible for that portfolio; if it becomes necessary for the purposes of the Constitution or in the interest of good government, vary any determination under paragraph (a), subject to subsection (3); terminate any appointment under paragraph (b) —

if the Premier is requested to do so by the leader of the party of which the Executive Council member 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 a member of the Executive Council.

Subsection (4) must be implemented in the spirit embodied in the concept of a government of national unity, and the Premier 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 Premier’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 Premier’s party, the decision of the leader of the party of which such 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 Premier’s party, the Premier’s decision prevails.

If any determination of portfolio allocations is varied under subsection (4)(c), the affected members 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.

Meetings of an Executive Council must be presided over by