Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/24

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(4) On being elected, the President shall vacate his or her seat in the National Assembly.

(5) During the period in which the President continues in office in terms of section 80(1)(b), he or she shall for the purposes of section 42(1)(e) be deemed not to hold an office of profit under the Republic.

Oath or affirmation

78. The President-elect 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.

Remuneration of President

79. There shall be paid to the President out of and as a charge on the National Revenue Fund and apart from any privilege which he or she may enjoy, such remuneration and allowances, and upon his or her retirement, or to his or her widow or widower on his or her death, such pension and pension benefits, as may be determined from time to time by resolution of Parliament.

Tenure of office of President

80. (1) The President elected in terms of section 77(1)(a) shall, subject to sections 87 and 93(2), hold office—

(a)

for the period terminating on a date five years as from the date of the first sitting of the National Assembly under this Constitution; or

(b)

if Parliament is dissolved during such period, for the period until a President has been elected in terms of section 77(1)(b) after such dissolution and has assumed office.

(2) A President elected in terms of section 77(1)(b) shall, subject to subsection (1)(b) of this section and sections 87 and 93(2), hold office for the unexpired part of the period referred to in subsection (1)(a) of this section.

Responsibilities of President

81. (1) The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall as head of state defend and uphold the Constitution as the supreme law of the land.

(2) The President shall with dignity provide executive leadership in the interest of national unity in accordance with this Constitution and the law of the Republic.

(3) The President shall not hold any other public office and shall not perform remunerative work outside the duties of his or her office.

Powers and functions of President

82. (1) The President shall be competent to exercise and perform the following powers and functions, namely—

(a)

to assent to, sign and promulgate Bills duly passed by Parliament;

(b)

in the event of a procedural shortcoming in the legislative process, to refer a Bill passed by Parliament back for further consideration by Parliament;

(c)

to convene meetings of the Cabinet;

(d)

to refer disputes of a constitutional nature between parties represented in Parliament or between organs of state at any level of government to the Constitutional Court or other appropriate institution, commission or body for resolution;

(e)

to confer honours;

(f)

to appoint, accredit, receive and recognise ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

(g)

to appoint commissions of enquiry;