Page:Constitution of the Republic of South Africa Amendment Act 2001 from Government Gazette.djvu/3

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Act No. 34, 2001

Constitution of the Republic of South Africa Amendment Act, 2001

“Rights of certain Cabinet members and Deputy Ministers in the National Assembly

54. The President, and any member of the Cabinet or any Deputy Minister who is not a member of the National Assembly, may, subject to the rules and orders of the Assembly, attend and [may] speak in the Assembly, but may not vote.”.

Amendment of section 58 of Act 108 of 1996

4. Section 58 of the Constitution is hereby amended by the substitution for the words preceding paragraph (a) of subsection (1) of the following words:

“Cabinet members, Deputy Ministers and members of the National Assembly—”.

Amendment of section 64 of Act 108 of 1996

5. Section 64 of the Constitution is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) The [President of the Constitutional Court] Chief Justice must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.”.

Amendment of section 86 of Act 108 of 1996

6. Section 86 of the Constitution is hereby amended by the substitution for subsections (2) and (3) of the following subsections:

“(2) The [President of the Constitutional Court] Chief Justice must preside over the election of the President, or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the election of the President.

(3) An election to fill a vacancy in the office of President must be held at a time and on a date determined by the [President of the Constitutional Court] Chief Justice, but not more than 30 days after the vacancy occurs.”.

Substitution of section 93 of Act 108 of 1996

7. The following section is hereby substituted for section 93 of the Constitution:

“Deputy Ministers

93. (1) The President may appoint—

(a)

any number of Deputy Ministers from among the members of the National Assembly; and

(b)

no more than two Deputy Ministers from outside the Assembly,

to assist the members of the Cabinet, and may dismiss them.

(2) Deputy Ministers appointed in terms of subsection (1) (b) are accountable to Parliament for the exercise of their powers and the performance of their functions.”.

Amendment of section 110 of Act 108 of 1996

8. Section 110 of the Constitution is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) After an election, the first sitting of a provincial legislature must take place at a time and on a date determined by a judge designated by the [President of the Constitutional Court] Chief Justice, but not more than 14 days after the election result has been declared. A provincial legislature may determine the time and duration of its other sittings and its recess periods.”.