Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/3

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Amendment of section 10 of Act 32 of 1961.

4. Section 10 of the principal Act is hereby amended―

(a)

by the substitution for paragraph (b) of subsection (1) of the following paragraph:

“(b)

He shall cease to hold office on a resolution passed by the [Senate and by the] House of Assembly [during the same session] declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.”;

(b)

by the substitution for paragraph (a) of subsection (2) of the following paragraph:

“(a)

No resolution shall be taken under paragraph (b) of subsection (1), except after consideration of a report of a [joint] committee of the [Senate and the] House of Assembly appointed in pursuance of a resolution of the House of Assembly [which has been concurred in by the Senate].”; and

(c)

by the substitution for paragraph (c) of subsection (2) of the following paragraph:

“(c)

In connection with any resolution contemplated in paragraph (b) no debate shall be allowed [either in the Senate or] in the House of Assembly.”.

Insertion of section 10A in Act 32 of 1961.

5. The following section is hereby inserted in the principal Act after section 10:

“Vice State President.

10A. (1) There shall be a Vice State President. (2) The provisions of sections 8, 9 and 10 apply mutatis mutandis in respect of the election, qualifications, period of office and removal from office of the Vice State President. (3) The Vice State President shall be the chairman of the President’s Council: Provided that he shall not act as chairman of the said council while he serves as Acting State President.”.

Substitution of section 11 of Act 32 of 1961.

6. The following section is hereby substituted for section 11 of the principal Act:

“Acting State President

11. Whenever the office of State President is vacant or the State President is for any reason unable to perform the duties of his office, the [President of the Senate] Vice State President shall serve as Acting State President, and if the office of [President of the Senate] Vice State President is vacant or the holder of that office is unable to act, the Speaker of the House of Assembly or, if his office is vacant or he is unable to act, a person appointed by the Executive Council shall serve as Acting State President.”.

Substitution of section 12 of Act 32 of 1961, as amended by section 2 of Act 9 of 1967.

7. The following section is hereby substituted for section 12 of the principal Act:

“Oath of office by State President, Vice State President and Acting State President.

12. The State President, the Vice State President and any Acting State President who does not occupy the office of Vice State President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of South Africa or a Judge of the Supreme Court of South Africa: In the presence of Almighty God and in full realization of the high calling I assume as State President/Vice State President/Acting State President in the service of my people, I, A.B., do swear to be faithful to the Republic of South Africa and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it and to dedicate