Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/6



REPUBLIC OF SOUTH AFRICA CONSTITUTION ACT, 1983 (2) The State President shall vacate his office―

if in terms of section 7 (5) he becomes disqualified from serving as State President; or if he is removed from office under subsection (3).

(3) (a) The State President shall cease to hold office on a resolution adopted by a majority of the members present at a meeting of an electoral college constituted as prescribed in section 7 and convened, as so prescribed, by the Chief Justice at the request of each of the three Houses, and declaring him to be removed on the ground of misconduct or inability to perform efficiently the duties of his office.

(b) In connection with a resolution contemplated in paragraph (a) no debate shall be allowed in the electoral college.

(c) No request in terms of paragraph (a) shall be made by any House, except after consideration of a report of a committee of Parliament appointed in accordance with rules and orders contemplated in section 64.

(d) A House shall not adopt a resolution that such a committee of Parliament be appointed, unless there has been previously submitted to the Speaker of Parliament a petition signed by not less than half of the members of each House and requesting that such a committee be appointed.

(e) In connection with a resolution contemplated in paragraph (d) no debate shall be allowed in the House in question.

(4) The State President may resign by lodging his resignation in writing with the Chief Justice.

10. (1) Whenever the State President is for any reason unable to perform the duties of his office, a member of the Cabinet nominated by the State President shall serve as Acting State President.

(2) Whenever―

the State President is unable to nominate a member of the Cabinet in terms of subsection (1); or the member so nominated is for any reason unable to act; or the office of State President is vacant and there is no member so nominated or the member so nominated is unable to act,

a member of the Cabinet designated by the remaining members thereof shall serve as Acting State President during the incapacity of the State President or of the member nominated by him, as the case may be, or until a State President has assumed office.

(3) (a) If a member of the Cabinet serves as Acting State President in terms of a designation under subsection (2) during the incapacity of the State President or of the member nominated by him, and the Speaker of Parliament is at any time of the opinion that neither the State President nor his nominee will be able to resume the duties of his office within 60 days from the date on which his incapacity set in, the Speaker shall in writing inform the Acting State President and the Chief Justice accordingly, and thereupon a member of the Cabinet shall without delay be designated as Acting State President by an electoral college mutatis mutandis in accordance with sections 7 and 8.

(b) When the Acting State President so designated by the electoral college assumes office, any nomination or designation made under subsection (1) or (2) shall lapse.

(c) The Acting State President so designated by the electoral college shall serve as such during the incapacity of the State President or until a State President has been elected and has assumed office, as the circumstances may require.