Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/46

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 5—The President and National Executive

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matters under their control.

Deputy Ministers

93.

The President may appoint Deputy Ministers from among the members of the National Assembly to assist the members of the Cabinet, and may dismiss them.

Continuation of Cabinet after elections

94.

When an election of the National Assembly is held, the Cabinet, the Deputy President, Ministers and any Deputy Ministers remain competent to function until the person elected President by the next Assembly assumes office.

Oath or affirmation

95.

Before the Deputy President, Ministers and any Deputy Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

Conduct of Cabinet members and Deputy Ministers

96.

(1)

Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.

(2)

Members of the Cabinet and Deputy Ministers 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.

Transfer of functions

97.

The President by proclamation may transfer to a member of the Cabinet —

(a)

the administration of any legislation entrusted to another member; or

(b)

any power or function entrusted by legislation to another member.

Temporary assignment of functions

98.

The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Assignment of functions

99.

A Cabinet member may assign any power or function that is to be exercised or performed in terms of an Act of Parliament to a member of a provincial Executive Council or to a Municipal Council. An assignment —

(a)

must be in terms of an agreement between the relevant