Page:Republic of South Africa Constitution Act 1983 from Government Gazette.djvu/9



REPUBLIC OF SOUTH AFRICA CONSTITUTION ACT, 1983 (2) Except in sections 20 (c) and (d), 21 (2), 24, 25, 26, 27, 33, 39 (3), 66 and 98 (3) (b), or where otherwise expressly stated or necessarily implied, any reference in this Act to the State President is a reference to the State President acting as provided in subsection (1).

20. The Cabinet shall consist of―

the State President, who shall preside at its meetings; the Ministers appointed to administer departments of State for general affairs; any Minister appointed to perform functions other than the administration of a department of State and designated by the State President as a member of the Cabinet; and any member of a Ministers’ Council designated by the State President as a member of the Cabinet, whether for a definite or for an indefinite period or for a particular purpose.

21. (1) A Ministers’ Council shall consist of―

the Ministers appointed to administer departments of State for own affairs of one and the same population group; any Minister who is a member of the population group in question and who has been appointed as a member of the Ministers’ Council to perform functions other than the administration of a department of State; any Deputy Minister appointed to exercise or perform powers, functions and duties on behalf of any of the Ministers referred to in paragraph (a); and any Minister of the Cabinet who is a member of the population group in question and who has been co-opted by the Ministers’ Council as a member thereof, whether for a definite period or for a particular purpose.

(2) The State President shall designate a Minister who is a member of a Ministers’ Council and who, at the time of the designation, in the opinion of the State President has the support of the majority in the House consisting of members of the population group in question, as the Chairman of such Ministers’ Council.

22. (1) There shall be a Seal of the Republic, showing the coat of arms of the Republic with the circumscription “Republic of South Africa—Republiek van Suid-Afrika”.

(2) The Seal shall be in the custody of the State President and shall, save in so far as may be otherwise determined by the State President, be used on all public documents on which it was required to be used immediately before the commencement of this Act.

23. (1) The will and pleasure of the State President as head of the executive authority of the Republic shall be expressed in writing under his signature.

(2) Any instrument signed by the State President acting on the advice of a Ministers’ Council or in consultation with the Ministers who are members of the Cabinet, shall be countersigned by a Minister who is a member of the Ministers’ Council in question or, as the case may be, a member of the Cabinet.

(3) The signature of the State President on any instrument shall be confirmed as provided in section 22.

24. (1) The State President may appoint as many persons as he may from time to time deem necessary to administer such departments of State of the Republic as the State President may establish, or to perform such other functions as the State President may determine.

(2) Persons appointed under subsection (1) shall hold office during the State President’s pleasure and shall be the Ministers of the Republic.