Chapter 5: The President and National Executive
(iii) � maintain national security; or
(iv) � prevent that province from taking unreasonable action that is prejudicial
to the interests of another province or to the country as a whole.
[Sub-s. (1) amended by s. 2(b) of the Constitution Eleventh Amendment Act of 2003.]
(2) � If the national executive intervenes in a province in terms of subsection (1)(b)—
(a) � it must submit a written notice of the intervention to the National Council of
Provinces within 14 days after the intervention began;
(b) � the intervention must end if the Council disapproves the intervention within
180 days after the intervention began or by the end of that period has not
approved the intervention; and
(c) � the Council must, while the intervention continues, review the intervention
regularly and may make any appropriate recommendations to the national
executive.
[Sub-s. (2) substituted by s. 2(c) of the Constitution Eleventh Amendment Act of 2003.]
(3) � National legislation may regulate the process established by this section.
[S. 100 amended by s. 2 of the Constitution Eleventh Amendment Act of 2003.]
Executive decisions
101.
(1)
A decision by the President must be in writing if it—
(a) � is taken in terms of legislation; or
(b) � has legal consequences.
(2) � A written decision by the President must be countersigned by another Cabinet
member if that decision concerns a function assigned to that other Cabinet member.
(3) � Proclamations, regulations and other instruments of subordinate legislation must
be accessible to the public.
(4) � National legislation may specify the manner in which, and the extent to which,
instruments mentioned in subsection (3) must be—
(a) � tabled in Parliament; and
(b) � approved by Parliament.
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