Chapter 5: The President and National Executive
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—
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