Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/45

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Government Gazette, 15 January 1998
No. 18596     45
 

Constitution of the Western Cape, 1997 Act No. 1, 1998

(d) summoning the Provincial Parliament to an extraordinary sitting to conduct special or urgent business;

(e) appointing commissions of inquiry; and

(f) calling a referendum in the Western Cape in accordance with national legislation.


Election of Premier

38.

(1) The Provincial Parliament must elect a Premier from among its members at its first sitting after its election, or when necessary to fill a vacancy.

(2) A Judge designated by the President of the Constitutional Court must preside over the election of the Premier. The procedure set out in Schedule 2 of this Constitution applies to the election of the Premier.

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


Assumption of office by Premier

39. The Premier-elect must assume office within five days of being elected, by swearing or affirming faithfulness to the Republic and the Western Cape and obedience to the national Constitution and this Constitution, in accordance with Schedule 1.


Term of office and removal of Premier

40.

(1) The Premier’s term of office begins when the Premier assumes office and ends when a vacancy occurs or when the person next elected Premier assumes office.

(2) No person may hold office as Premier for more than two terms, but when a person is elected to fill a vacancy in the office of Premier, the period between that election and the next election of a Premier is not regarded as a term.

(3) The Provincial Parliament, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the Premier from office only on the grounds of—

(a) a serious violation of the national Constitution, this Constitution or the law;

(b) serious misconduct; or

(c) inability to perform the functions of office.

(4) Anyone who has been removed from the office of Premier in terms of subsection (3)(a) or (b) may not receive any benefits of that office, and may not serve in any public office.


Acting Premier

41.

(1) When the Premier is absent or otherwise unable to fulfil the duties of the office of Premier, or during a vacancy in the office of Premier, an office-bearer in the order below acts as the Premier—

(a) a Provincial Minister designated by the Premier;

(b) a Provincial Minister designated by the other Provincial Ministers; or

(c) the Speaker, until the Provincial Parliament designates one of its other members.