Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/59



Chapter 6—Provinces

Members of the Executive Council of a province must —

act in accordance with the Constitution and, if a provincial constitution has been passed for the province, also that constitution; and provide the legislature with full and regular reports concerning matters under their control.

Continuation of Executive Councils after elections

When an election of a provincial legislature is held, the Executive Council and its members remain competent to function until the person elected Premier by the next legislature assumes office.

Oath or affirmation

Before members of the Executive Council of a province begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Conduct of members of Executive Councils

Members of the Executive Council of a province must act in accordance with a code of ethics prescribed by national legislation.

Members of the Executive Council of a province may not —

undertake any other paid work; act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.

Transfer of functions

The Premier by proclamation may transfer to a member of the Executive Council —

the administration of any legislation entrusted to another member; or any power or function entrusted by legislation to another member.

Temporary assignment of functions

The Premier of a province may assign to a member of the Executive Council any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Provincial supervision of local government

When a municipality cannot or does not fulfil an executive obligation in terms of legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including —

issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any