Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/25

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(h)

to make such appointments as may be necessary under powers conferred upon him or her by this Constitution or any other law;

(i)

to negotiate and sign international agreements;

(j)

to proclaim referenda and plebiscites in terms of this Constitution or an Act of Parliament; and

(k)

to pardon or reprieve offenders, either unconditionally or subject to such conditions as he or she may deem fit, and to remit any fines, penalties or forfeitures.

(2) The President shall consult the Executive Deputy Presidents—

(a)

in the development and execution of the policies of the national government;

(b)

in all matters relating to the management of the Cabinet and the performance of Cabinet business;

(c)

in the assignment and allocation of functions contemplated in section 84(5) to an Executive Deputy President;

(d)

regarding appointments under subsection (1)(f); and

(e)

before exercising any of the competences referred to in subsection (1)(g) to (k).

(3) The President shall exercise and perform all powers and functions assigned to him or her by this Constitution or any other law, except those specified in subsections (1) and (2) or where otherwise expressly or by implication provided in this Constitution, in consultation with the Cabinet: Provided that the Cabinet may delegate its consultation function in terms of this subsection, with reference to any particular power or function of the President, to any Minister or Ministers.

(4) (a) The President shall be the Commander-in-Chief of the National Defence Force.

(b) The President may—

(i)

with the approval of Parliament, declare a state of national defence;

(ii)

employ the National Defence Force in accordance with and subject to sections 227 and 228; and

(iii)

confer upon members of the National Defence Force permanent commissions and cancel such commissions.

Confirmation of executive acts of President

83. (1) Decisions of the President taken in terms of section 82 shall be expressed in writing under his or her signature.

(2) Any instrument signed by the President in the exercise or performance of a power or function referred to in section 82(3) shall be countersigned by a Minister.

(3) The signature of the President on any instrument shall be confirmed by the seal of the Republic.

Executive Deputy Presidents

84. (1) Every party holding at least 80 seats in the National Assembly shall be entitled to designate an Executive Deputy President from among the members of the National Assembly.

(2) Should no party or only one party hold 80 or more seats in the National Assembly, the party holding the largest number of seats and the party holding the second largest number of seats shall each be entitled to designate one Executive Deputy President from among the members of the National Assembly.

(3) On being designated as such, an Executive Deputy President may elect to vacate or not to vacate his or her seat in the National Assembly.

(4) Section 81 shall apply mutatis mutandis to an Executive Deputy President.

(5) An Executive Deputy President may exercise the powers and shall perform the functions vested in the office of Executive Deputy President by this Constitution or assigned to him or her by the President.

(6) An Executive Deputy President shall, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before the Chief Justice or a judge of the Supreme Court designated by the Chief Justice for this purpose.