Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/46

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46     No. 18596
Staatskoerant, 15 Januarie 1998
 

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

(2) An Acting Premier has the responsibilities, powers and functions of the Premier.

(3) Before assuming the responsibilities, powers and functions of the Premier, the Acting Premier must swear or affirm faithfulness to the Republic and the Western Cape and obedience to the national Constitution and this Constitution, in accordance with Schedule 1.


Provincial Cabinet

42.

(1) The Provincial Cabinet consists of the Premier, as head of the Provincial Cabinet, and no fewer than five and no more than ten Provincial Ministers appointed by the Premier from among the members of the Provincial Parliament.

(2) The Premier appoints the Provincial Ministers, assigns their powers and functions, and may dismiss them.


Accountability and responsibilities

43.

(1) The Provincial Ministers are responsible for the functions of the executive assigned to them by the Premier.

(2) Provincial Ministers are accountable collectively and individually to the Provincial Parliament for how they exercise their powers and carry out their functions.

(3) Provincial Ministers must—

(a) act in accordance with the national Constitution and this Constitution; and

(b) provide the Provincial Parliament with full and regular reports concerning matters under their control.


Continuation of Provincial Cabinet after elections

44. When an election of the Provincial Parliament is held, the Provincial Cabinet and its members remain competent to function until the person elected Premier by the next Provincial Parliament assumes office.


Oath or affirmation

45. Before Provincial Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and the Western Cape and obedience to the national Constitution and this Constitution, in accordance with Schedule 1.


Conduct of members of the Provincial Cabinet

46.

(1) Members of the Provincial Cabinet must act in accordance with the code of ethics prescribed by national legislation.

(2) Members of the Provincial Cabinet may not—

(a) undertake any other paid work;

(b) act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or

(c) use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.