Annexure C
2.
(d) terminate any appointment under paragraph (b)—
(i) � if the Premier is requested to do so by the leader of the party of which
the Executive Council member in question is a member; or
(ii) � if it becomes necessary for the purposes of the Constitution or in the
interest of good government; or
(e) fill, when necessary, subject to paragraph (b), a vacancy in the office of a
member of the Executive Council.
(5) Subsection (4) must be implemented in the spirit embodied in the concept of
a government of national unity, and the Premier and the other functionaries
concerned must in the implementation of that subsection seek to achieve
consensus at all times: Provided that if consensus cannot be achieved on—
(a) the exercise of a power referred to in paragraph (a), (c) or ( d)(ii) of that
subsection, the Premier’s decision prevails;
(b) the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that
subsection affecting a person who is not a member of the Premier’s
party, the decision of the leader of the party of which such person is a
member prevails; and
(c) the exercise of a power referred to in paragraph (b) or (e) of that
subsection affecting a person who is a member of the Premier’s party,
the Premier’s decision prevails.
(6) � If any determination of portfolio allocations is varied under subsection (4)
(c), the affected members must vacate their portfolios but are eligible, where
applicable, for reappointment to other portfolios allocated to their respective
parties in terms of the varied determination.
(7) � Meetings of an Executive Council must be presided over by the Premier of the
province.
(8) � An Executive Council must function in a manner which gives consideration
to the consensus-seeking spirit embodied in the concept of a government of
national unity, as well as the need f or effective government.”.
Section 136 of the new Constitution is deemed to contain the following
additional subsections:
“(3) Members of Executive Councils are accountable individually to the Premier and
to the provincial legislature for the administration of their portfolios, and all
members of the Executive Council are correspondingly accountable collectively
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