PBL: CHAPTER 12 – THE PRESIDENT AND THE NATIONAL EXECUTIVE AUTHORITY
• * 3 branches of gov authority = legislative, executive, judicial authority
• Gov authority is exercised by different bodies / organs of state
• 3 spheres of gov = national, provincial, local spheres
• National executive authority (NEA) = the power/authority to implement and execute
rules of law, develop and implement policies, and prepare and initiate new
legislative provisions
• (i.e. NEA = power to execute RoL at national level thru out the whole state)
• Executive bodies are bound by and subject to the law (RoL and the consti), but they
also have the power to create new rules of law thru subordinate legi
• *Organs of state that exercise executive authority at a national level (national
executive bodies):
o President
o Ministers
o Cabinet
o Other public servants or officials (e.g. director generals, senior administrative
staff)
Executive authority of the republic (S85 of the consti):
• *(1) the president is the final person responsible for all national executive authority
• (2) the president exercises executive authority, together with other members of
cabinet, by: (5 aspects of EA / the extent of the NEA / powers of president exercised
as HoG):
o Implementing national legi, except where consti or an Act of parli provide
otherwise
o Developing and implementing national policy
o Coordinating state departments
o Preparing and initiating legi
o Performing any other executive function provided for in the consti or in
national legi
The president of RSA (S83)
• The president is the highest executive body/organ in the state
• *S83 of the consti refers to the president’s duties:
o (a) the president is the head of state (HoS) and the head of the national
executive (HoG)
o (b) the president must uphold, defend, and respect the consti as the supreme
law of the republic
o (c) the president must promote the unity of the nation
• The president = the HoS = the HoG (NEA)
• In the Westminster system of gov, the offices of HoS and HoG are separate from one
another. Since the implementation of the interim consti, the offices of ceremonial
HoS and HoG have been combined into one office of the president
31
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, *Election of a president (S86)
• S86 of the consti specifically prescribes the procedure for electing the president
• The president is indirectly elected by SA voters who have directly voted for the
proportional appointment of members in the NA
o (president is not directly elected by SA electorate as in USA)
• (1) The NA is then tasked with electing the president (the NA must elect a man or
woman from among its members)
o After the president is elected by the NA, he must vacate his seat in the NA on
assuming office (i.e. the president ceases to be a member of parli/NA) -> an
extra-parliamentary president is thus created
• (2) the procedure of electing a president is set out in Part A of Schedule 3. Also, the
chief justice must preside over the election of the president
o This means that the requirements of S86 must be read in conjunction with
schedule 3 of the consti
• (3) if a vacancy occurs -> an election must be held on a date determined by the chief
justice, but not more than 30 days after the vacancy occurs
• If an election has been held and no party obtains majority -> the parties will enter
into negotiations in order to form a gov of more than one party
o *coalition gov = a gov consisting of more than one party
o E.g. after 1999 elections, the democratic party (DP) and the new national
party (NNP) formed a coalition gov in the western cape province
Qualifications to be elected as president (S47)
• The consti does not directly lay down the qualification requirements for the office of
president. BUT, the consti lays down indirect requirements in S47
• *The president must be elected from amongst the members of the NA -> this means
that the membership requirements of the NA (which the consti specifically explains
in S47) must be complied with
Assumption of office by the president (S87 + schedule 2)
• *S87 says that the president assumes office by swearing/affirming faithfulness to the
republic and obedience to the consti
• Within 5 days of ceasing to be a member of the NA, the president must make this
oath/affirmation in accordance with schedule 2
• Faithfulness + obedience = ethical requirements
• Schedule 2 of the consti lays out the oath/affirmation the president must say
Term of office of president (S88)
• *S88 of the consti deals with the president’s term of office
o (1) The president’s term of office begins on assuming office and ends upon a
vacancy occurring or when the person next elected president assumes office
o (2) no person may hold office as president for more than 2 terms. When a
person is elected to fill a vacancy in the office of president (e.g. ramaphosa
taking over for zuma), the period between that election and the next election
of the president is NOT regarded as a term.
• After every national election, the NA elects a president
32
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• * 3 branches of gov authority = legislative, executive, judicial authority
• Gov authority is exercised by different bodies / organs of state
• 3 spheres of gov = national, provincial, local spheres
• National executive authority (NEA) = the power/authority to implement and execute
rules of law, develop and implement policies, and prepare and initiate new
legislative provisions
• (i.e. NEA = power to execute RoL at national level thru out the whole state)
• Executive bodies are bound by and subject to the law (RoL and the consti), but they
also have the power to create new rules of law thru subordinate legi
• *Organs of state that exercise executive authority at a national level (national
executive bodies):
o President
o Ministers
o Cabinet
o Other public servants or officials (e.g. director generals, senior administrative
staff)
Executive authority of the republic (S85 of the consti):
• *(1) the president is the final person responsible for all national executive authority
• (2) the president exercises executive authority, together with other members of
cabinet, by: (5 aspects of EA / the extent of the NEA / powers of president exercised
as HoG):
o Implementing national legi, except where consti or an Act of parli provide
otherwise
o Developing and implementing national policy
o Coordinating state departments
o Preparing and initiating legi
o Performing any other executive function provided for in the consti or in
national legi
The president of RSA (S83)
• The president is the highest executive body/organ in the state
• *S83 of the consti refers to the president’s duties:
o (a) the president is the head of state (HoS) and the head of the national
executive (HoG)
o (b) the president must uphold, defend, and respect the consti as the supreme
law of the republic
o (c) the president must promote the unity of the nation
• The president = the HoS = the HoG (NEA)
• In the Westminster system of gov, the offices of HoS and HoG are separate from one
another. Since the implementation of the interim consti, the offices of ceremonial
HoS and HoG have been combined into one office of the president
31
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
, *Election of a president (S86)
• S86 of the consti specifically prescribes the procedure for electing the president
• The president is indirectly elected by SA voters who have directly voted for the
proportional appointment of members in the NA
o (president is not directly elected by SA electorate as in USA)
• (1) The NA is then tasked with electing the president (the NA must elect a man or
woman from among its members)
o After the president is elected by the NA, he must vacate his seat in the NA on
assuming office (i.e. the president ceases to be a member of parli/NA) -> an
extra-parliamentary president is thus created
• (2) the procedure of electing a president is set out in Part A of Schedule 3. Also, the
chief justice must preside over the election of the president
o This means that the requirements of S86 must be read in conjunction with
schedule 3 of the consti
• (3) if a vacancy occurs -> an election must be held on a date determined by the chief
justice, but not more than 30 days after the vacancy occurs
• If an election has been held and no party obtains majority -> the parties will enter
into negotiations in order to form a gov of more than one party
o *coalition gov = a gov consisting of more than one party
o E.g. after 1999 elections, the democratic party (DP) and the new national
party (NNP) formed a coalition gov in the western cape province
Qualifications to be elected as president (S47)
• The consti does not directly lay down the qualification requirements for the office of
president. BUT, the consti lays down indirect requirements in S47
• *The president must be elected from amongst the members of the NA -> this means
that the membership requirements of the NA (which the consti specifically explains
in S47) must be complied with
Assumption of office by the president (S87 + schedule 2)
• *S87 says that the president assumes office by swearing/affirming faithfulness to the
republic and obedience to the consti
• Within 5 days of ceasing to be a member of the NA, the president must make this
oath/affirmation in accordance with schedule 2
• Faithfulness + obedience = ethical requirements
• Schedule 2 of the consti lays out the oath/affirmation the president must say
Term of office of president (S88)
• *S88 of the consti deals with the president’s term of office
o (1) The president’s term of office begins on assuming office and ends upon a
vacancy occurring or when the person next elected president assumes office
o (2) no person may hold office as president for more than 2 terms. When a
person is elected to fill a vacancy in the office of president (e.g. ramaphosa
taking over for zuma), the period between that election and the next election
of the president is NOT regarded as a term.
• After every national election, the NA elects a president
32
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