Republic of South Africa Constitution Act, 1961/1980-09-05

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

Railways and Harbours Acts Amendment Act, No. 67 of 1980

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

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980 (ss. 1, 5, 7, 8, 9, 11(a), 34)

THE STATE PRESIDENT AND THE VICE STATE PRESIDENT.

7. (1) The head of the Republic shall be the State President.

(2) The command-in-chief of the South African Defence Force is vested in the State President.

(3) He shall, subject to the provisions of this Act, have power―

with due regard to the provisions of this Act to dissolve the Senate or the House of Assembly or the Senate and the House of Assembly simultaneously; in accordance with the provisions of sections twenty and twenty-one to appoint Ministers and deputies to Ministers; to confer honours; to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; with due regard to the provisions of this Act to appoint the times for the holding of sessions of Parliament and to prorogue Parliament; to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties or forfeitures; to enter into and ratify international conventions, treaties and agreements; to proclaim and terminate martial law; to declare war and make peace; to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred or assigned to him under this Act or any other law.

(4) The State President shall in addition as head of the State have such powers and functions as were immediately prior to the commencement of this Act possessed by the Queen by way of prerogative.

(5) The constitutional conventions which existed immediately prior to the commencement of this Act shall not be affected by the provisions of this Act.

 10A. (1) There shall be a Vice State President.

(2) The provisions of sections 8, 9 and 10 apply mutatis mutandis in respect of the election, qualifications, period of office and removal from office of the Vice State President.

(3) The Vice State President shall be the chairman of the President’s Council: Provided that he shall not act as chairman of the said council while he serves as Acting State President.



12. The State President, the Vice State President and any Acting State President who does not occupy the office of Vice State President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of South Africa or a Judge of the Supreme Court of South Africa: In the presence of Almighty God and in full realization of the high calling I assume as State President/Vice State President/Acting State President in the service of my people, I, A.B., do swear to be faithful to the Republic of South Africa and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.

May the Almighty by His grace guide and sustain me in keeping this oath with honour and dignity.

So help me God.

13. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the State President, the Vice State President or an Acting State President, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or imprisonment for a period not exceeding five years.

14. (1) There shall be paid to the State President and the Vice State President out of and as a charge on the State Revenue Fund, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which they may enjoy, each a salary determined, subject to the provisions of subsection (2), by resolution of the House of Assembly from time to time.

(2) The salary of the State President or the Vice State President shall not be reduced during his term of office.

20. (1) The State President may appoint persons not exceeding twenty 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.

PART VIIIA.

PRESIDENT’S COUNCIL.

102. (1) There shall be a President’s Council consisting, in addition to the Vice State President, of members appointed by the State President.

(2) A member of the President’s Council, excluding the Vice State President, shall hold office for a period of five years.

(3) A casual vacancy in the President’s Council, excluding a vacancy in the office of Vice State President, shall be filled by the appointment of a member for the unexpired portion of the period of office of the member in whose stead he is appointed.

(4) (a) The members of the President’s Council, excluding the Vice State President, 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.

(b) Such remuneration, allowances or benefits may differ according to the offices held by such members in the council.

(5) The State President shall designate a member of the President’s Council as deputy chairman of the council, who shall serve as chairman thereof whenever the office of Vice State President is vacant or he is for any reason unable to serve as such.

(6) If neither the chairman nor the deputy chairman is able to act as chairman, the members of the President’s Council shall elect one from their number to act as acting chairman.

(7) A deficiency in the number of members of the President’s Council or a committee thereof shall not affect the powers of the said Council or the said committee.

103. A person is not qualified to be a member of the President’s Council if he―

is not at least 30 years of age; is not a member of the White, Coloured, Indian or Chinese population group; is not a South African citizen; is a member of any legislative body other than a local institution; or holds an office of profit under the Republic, as contemplated in section 55.

104. (1) The President’s Council may make rules and orders in connection with the order and conduct of the business and proceedings of the council and a committee thereof, including provisions in regard to a quorum.

(2) The State President shall divide the members of the President’s Council into a Constitutional Committee, a Committee for Economic Affairs, a Planning Committee, a Committee for Community Relations and so many other standing committees as he may from time to time deem fit.

(3) Any such committee shall consist of such number of members as the State President may from time to time determine, and the State President shall designate one of the members of such a committee as the chairman thereof.

(4) A member of the President’s Council may be a member of more than one committee.

(5) If a chairman of a committee is for any reason unable to act as chairman, the other members of that committee shall from their number elect one to act as acting chairman.

105. (1) The State President may by proclamation in the Gazette dissolve the President’s Council within a period of 90 days after a general election of members of the House of Assembly has taken place.

(2) On the dissolution of the President’s Council the membership of all the members thereof, excluding the Vice State President, shall terminate.

106. (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; may, if any legislative body other than a local institution refers any draft legislation to it for its advice, advise such body thereon.

(2) Whenever a matter is referred to the President’s Council for its advice or when it is of opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 104 (2) for its advice.

(3) The President’s Council shall transmit to the State President any advice received by it in terms of subsection (2) (other than advice in connection with draft legislation referred to in subsection (1) (b)), whether with or without its comments thereon.

(4) The President’s Council or a committee thereof―

may, for the purposes of the performance of its functions and in its discretion, consult with any person or State institution on any matter and may for those purposes establish consultative committees consisting of members of the said council or such committee, as the case may be, and members of any council or board established by the State President in terms of any other law; may in its discretion and for the said purposes, and shall when the State President requests the council that it be done for those purposes, consult with a council consisting of Black South African citizens and established under an Act of Parliament, or with any committee of such a council.

(5) Advice received by the State President in terms of this section shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof if the House of Assembly is in session or within 14 days after the commencement of its next ensuing session if the House of Assembly is not in session.

(6) The chairman of the President’s Council may, for the purposes of a report to such council on any matter, appoint a committee from among the members of the council and may designate any member of such committee as chairman thereof.