Annexure C
ANNEXURE C
Government of national unity: provincial Sphere
1.
Section 132 of the new Constitution is deemed to read as follows:
“Executive Councils
132. (1) The Executive Council of a province consists of the Premier and not more
than 10 members appointed by the Premier in accordance with this section.
(2) A party holding at least 10 per cent of the seats in a provincial legislature
and which has decided to participate in the government of national unity,
is entitled to be allocated one or more of the Executive Council portfolios in
proportion to the number of seats held by it in the legislature relative to the
number of seats held by the other participating parties.
(3) Executive Council portfolios must be allocated to the respective participating
parties according to the same formula set out in section 91(9), and in applying
that formula a reference in that section to—
(a) the Cabinet, must be read as a reference to an Executive Council;
(b) � a Minister, must be read as a reference to a member of an
Executive Council; and
(c) the National Assembly, must be read as a reference to the provincial
legislature.
(4) The Premier of a province after consultation with the leaders of the
participating parties must—
(a) � determine the specific portfolios to be allocated to the respective
participating parties in accordance with the number of portfolios
allocated to them in terms of subsection (3);
(b) � appoint in respect of each such portfolio a member of the provincial
legislature who is a member of the party to which that portfolio was
allocated under paragraph (a), as the member of the Executive Council
responsible for that portfolio;
(c) � if it becomes necessary for the purposes of the Constitution or in the
interest of good government, vary any determination under paragraph
(a), subject to subsection (3);
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