Republic of South Africa Constitution Act, 1961/1980-05-28

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

20. (1) The State President may appoint persons not exceeding eighteen in number to administer such departments of State of the Republic as the State President may establish.

(2) Persons appointed under sub-section (1) shall hold office during the pleasure of the State President and shall be the Ministers of the Republic.

(3) No Minister shall hold office for a longer period than twelve months unless he is or becomes a member of the Senate or the House of Assembly, and a person who was a Minister without being a member of the Senate or the House of Assembly shall not again be appointed as a Minister unless he is such a member.

(4) Whenever a Minister is from any cause whatever unable to perform any of the functions of his office, the State President may appoint any other member of the Executive Council to act in the said Minister’s stead, either generally or in the performance of any particular function.

(5) A Minister shall before assuming his duties as such or as a member of the Executive Council make and subscribe an oath before the State President or a person designated by him, in the following form: I, A.B., do hereby swear to be faithful to the Republic of South Africa and undertake before God to honour this oath; to hold my office as Minister and as a member of the Executive Council with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters brought before the Executive Council which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.

So help me God. (6) Any department of State established under section fourteen of the South Africa Act, 1909, and in existence immediately prior to the commencement of this Act, shall be deemed to have been duly established under this section, and any officer appointed under sub-section (1) of the first-mentioned section to administer any such department and holding office immediately prior to such commencement, shall be deemed to have been duly appointed under this section to administer that department, but shall make and subscribe the oath prescribed in sub-section (5) before assuming his duties.

54. (1) A member of the Senate who is elected as a member of the House of Assembly shall vacate his seat as a senator with effect from the date on which he becomes a member of the House of Assembly.

(2) A member of the House of Assembly who is elected or nominated as a member of the Senate shall vacate his seat as a member of the House of Assembly with effect from the date on which he becomes a member of the Senate.

(3) A member of the Senate or the House of Assembly who is elected as a member of a provincial council shall cease to be a member of the Senate or the House of Assembly with effect from the date upon which he becomes a member of that provincial council.

(4) A Minister who is a member of the Senate or the House of Assembly and a member of the Senate or the House of Assembly holding office as a deputy to any Minister, shall have the right to sit and speak in the Senate and in the House of Assembly, but shall vote only where he is a member.

(5) A Minister who is not a member of the Senate or the House of Assembly shall have the right to sit and to speak in the Senate and in the House of Assembly, but shall not vote in the Senate or the House of Assembly.