Page:Republic of South Africa Constitution Fifth Amendment Act 1980.djvu/9

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President’s Council shall elect one from their number to act as acting chairman. (7) A deficiency in the number of members of the President’s Council or a committee thereof shall not affect the powers of the said Council or the said committee.

Qualifications of members of President’s Council.

103. A person is not qualified to be a member of the President’s Council if he―

(a)		is not at least 30 years of age;
(b)		is not a member of the White, Coloured, Indian or Chinese population group;
(c)		is not a South African citizen;
(d)		is a member of any legislative body other than a local institution; or
(e)		holds an office of profit under the Republic, as contemplated in section 55.

Rules, procedure and committees.

104. (1) The President’s Council may make rules and orders in connection with the order and conduct of the business and proceedings of the council and a committee thereof, including provisions in regard to a quorum. (2) The State President shall divide the members of the President’s Council into a Constitutional Committee, a Committee for Economic Affairs, a Planning Committee, a Committee for Community Relations and so many other standing committees as he may from time to time deem fit. (3) Any such committee shall consist of such number of members as the State President may from time to time determine, and the State President shall designate one of the members of such a committee as the chairman thereof. (4) A member of the President’s Council may be a member of more than one committee. (5) If a chairman of a committee is for any reason unable to act as chairman, the other members of that committee shall from their number elect one to act as acting chairman.

Dissolution of President’s Council.

105. (1) The State President may by proclamation in the Gazette dissolve the President’s Council within a period of 90 days after a general election of members of the House of Assembly has taken place. (2) On the dissolution of the President’s Council the membership of all the members thereof, excluding the Vice State President, shall terminate.

Functions of President’s Council and its committees.

106. (1) The President’s Council―

(a)		shall at the request of the State President advise him on any matter referred to it by the State President for its advice and may, in its discretion, advise him on any matter (excluding draft legislation) which, in its opinion, is of public interest;
(b)		may, if any legislative body other than a local institution refers any draft legislation to it for its advice, advise such body thereon.

(2) Whenever a matter is referred to the President’s Council for its advice or when it is of opinion that a matter is of public interest, it may refer such matter to a committee contemplated in section 104 (2) for its advice.

(3) The President’s Council shall transmit to the State President any advice received by it in terms of subsection (2) (other than advice in connection with draft legislation referred to in subsection (1) (b)), whether with or without its comments thereon.

(4) The President’s Council or a committee thereof―

(a)

may, for the purposes of the performance of its functions and in its discretion, consult with any