Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/26



REPUBLIC OF SOUTH AFRICA CONSTITUTION ACT, 1983 (4) When neither the Chairman nor the Deputy Chairman is able to act, the President’s Council shall elect one of its members to act in the stead of the Chairman.

73. (1) The members of the President’s Council shall receive such remuneration and allowances as the State President may determine, as well as such other benefits as he may determine by proclamation in the Gazette.

(2) Such remuneration, allowances or benefits may differ according to the offices held by members in the Council, and according to whether the functions performed by members or attached to such offices are in the opinion of the State President of a full-time or part-time nature.

74. The presence of at least 30 members of the President’s Council shall be necessary to constitute a meeting of the President’s Council for the exercise of its powers.

75. All questions at a meeting of the President’s Council shall be determined by a majority of votes of the members present other than the presiding member, who shall have and exercise a casting vote in the case of an equality of votes.

76. (1) Subject to the provisions of this Act, the President’s Council may make rules and orders in connection with the order and conduct of its business and proceedings, the establishment, constitution and powers of committees of the Council and the order and conduct of their business and proceedings.

(2) Any Minister or Deputy Minister has the right to sit and to speak in the President’s Council, but shall not vote therein.

77. The President’s Council shall be dissolved by the first dissolution of Parliament following the constitution of that Council, but the dissolution of the President’s Council shall take effect on the day on which the State President elected after such dissolution of Parliament assumes office.

78. (1) The President’s Council shall at the request of the State President advise him on any matter referred to it by the State President for its advice, and may, in its discretion, advise him on any matter (excluding draft legislation) which, in its opinion, is of public interest.

(2) Whenever a matter is referred to the President’s Council for its advice or when that Council is of the opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 76 for advice, and if the Council is not in session, reference of such matter to such a committee for its advice may be effected in accordance with rules and orders made by the Council.

(3) The President’s Council may transmit any advice received by it in terms of subsection (2) to the State President as the advice of the Council, whether with or without its comments thereon.

(4) (a) When any bill or bills are referred for decision to the President’s Council under section 32, it may refer such bill or bills to a committee contemplated in section 76 for investigation and report, and if the Council is not in session, reference of such bill or bills to such a committee for investigation and report may be effected in accordance with rules and orders made by the Council, and the Council may take any such report and any recommendation contained therein into consideration when acting in terms of paragraph (b) of this subsection or in terms of subsection (5) of this section.

(b) The President’s Council may from time to time advise the State President that any bill or bills so referred to it, be amended or otherwise dealt with in the manner recommended by the President’s Council.

(5) Unless the State President withdraws the reference, the President’s Council shall decide―