Republic of South Africa Constitution Act, 1961/1982-06-30

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 Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

21. (1) (a) The State President may appoint any person to hold office during his pleasure as Deputy Minister of any specified Department of State or Deputy Minister of such other description as the State President may determine, and to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the State President, be assigned to him from time to time by the said Minister.

(b) Not more than nine persons may be appointed under this sub-section.

(c) Any reference in any law to a deputy to a Minister shall be construed as including a reference to a Deputy Minister appointed under this sub-section, and any such reference to a Minister shall be construed as including a reference to a Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he acts.

(2) Any person appointed under this section shall before assuming the duties of his office make and subscribe before the State President or a person designated by him for the purpose, an oath in such form as the State President may determine.

(3) No person appointed under this section shall hold office for a longer period than three months unless he is or becomes a member of the House of Assembly.

(4) Any person appointed under sub-section (3) of section fourteen of the South Africa Act, 1909, and holding office immediately prior to the commencement of this Act, shall be deemed to have been duly appointed under this section, and may, subject to the provisions of this section, continue to exercise or perform any powers, duties and functions which immediately prior to such commencement could be exercised or performed by him by virtue of a determination under sub-section (3) of the first-mentioned section, as if he were authorized to exercise such powers or perform such duties or functions in pursuance of a determination made by the Minister concerned in terms of this section, but shall make and subscribe the oath required under sub-section (2) before assuming the duties of his office.

55. No person shall be capable of being elected or nominated or of sitting as a member of the House of Assembly, if he―

has at any time been convicted of any offence for which he has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he has received a grant of amnesty or a free pardon, or unless such imprisonment has expired at least five years before the date of his election or nomination; or is an unrehabilitated insolvent; or is of unsound mind, and has been so declared by a competent court; or is an officer or other employee in the service of any institution, council or body contemplated in section 84 (1) (f); or

holds any office of profit under the Republic: Provided that the following persons shall not be deemed to hold an office of profit under the Republic for the purposes of this paragraph, namely―

a Minister of the Republic, or any person holding office as deputy to any Minister; a person in receipt of a pension from the Republic; an officer or member of the South African Defence Force on retired or half-pay, or an officer or member of the South African Defence Force whose services are not wholly employed by the Republic; any person who has been appointed or has become a justice of the peace under section two of the Justices of the Peace and Oaths Act, 1914 (Act No. 16 of 1914); any person appointed as appraiser under section 6 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), or deemed to have been so appointed;

any person who, while the Republic is at war, is an officer or member of the South African Defence Force or any other force or service established by or under the Defence Act, 1957 (Act No. 44 of 1957); a member of any council, committee, board or similar body established by or under any law, who receives no payment in respect of his services on such council, committee, board or body in excess of an allowance at a rate not exceeding the amount determined by the Minister of Finance by notice in the Gazette from time to time for each day on which he renders such services, any reimbursement of travelling expenses and subsistence expenses incurred by him in the course of such services and an allowance in respect of entertaining by him in connection with such services;

a member of a commission of inquiry or a committee of inquiry appointed by the State President or the Administrator of a province, or a member of a Select Committee of the House of Assembly or a provincial council.

76. (1) Each provincial council shall at its first meeting after any general election elect from among its members, or otherwise, four persons to form with the administrator, who shall be chairman, an executive committee for the province.

(2) A member of the executive committee other than the administrator shall hold office until the constitution of an executive committee in terms of subsection (1) after a general election, unless he is removed from office sooner by a resolution of the provincial council.

(3) (a) The members so elected shall receive such remuneration as the State President shall determine.

(b) There shall be no differentiation as regards the remuneration determined under paragraph (a) in respect of the members of the various executive committees except to the extent that the remuneration of such members who in the opinion of the State President perform full time service may differ from the remuneration of such members who in his opinion do not perform full time service.

(4) (a) A member of the provincial council shall not forfeit his seat by reason of his having been elected as a member of the executive committee.

(b) A member of the executive committee shall not be disqualified from being elected or nominated as a member of the House of Assembly or the provincial council.

(c) A member of the executive committee who becomes a member of the House of Assembly shall cease to be a member of the executive committee with effect from the date on which he becomes a member of the House of Assembly.

(d) A member of the executive committee shall not be disqualified from being appointed as deputy-administrator under sub-section (4) of section sixty-six and any such member so appointed shall as from the termination of the appointment resume his office and functions as a member of such executive committee unless his successor has in the meantime been elected under the provisions of sub-section (1) of this section.

(5) Any casual vacancy arising in the executive committee shall be filled by election by the provincial council if in session, or, if the council is not in session, by a person appointed by the executive committee to hold office temporarily pending an election by the council.

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; or is a member of any legislative body other than a local institution.