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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