Chapter 5: The President and National Executive
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—
(a) must be in terms of an agreement between the relevant Cabinet member and
the Executive Council member or Municipal Council;
(b) must be consistent with the Act of Parliament in terms of which the relevant
power or function is exercised or performed; and
(c) takes effect upon proclamation by the President.
National intervention in provincial administration
[Heading amended by s. 2(a) the Constitution Eleventh Amendment Act of 2003.]
100.
(1)
When a province cannot or does not fulfil an executive obligation in terms of the
Constitution or legislation, the national executive may intervene by taking any
appropriate steps to ensure fulfilment of that obligation, including—
(a) issuing a directive to the provincial executive, describing the extent of the
failure to fulfil its obligations and stating any steps required to meet its
obligations; and
(b) assuming responsibility for the relevant obligation in that province to the
extent necessary to—
(i) maintain essential national standards or meet established minimum
standards for the rendering of a service;
(ii) maintain economic unity;
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