Chapter 6: Provinces
affirming faithfulness to the Republic and obedience to the Constitution, in accordance
with Schedule 2.
Term of office and removal of Premiers
130. � (1)
A Premier’s term of office begins when the Premier assumes office and ends upon a
vacancy occurring or when the person next elected Premier assumes office.
(2) � No person may hold office as Premier for more than two terms, but when a person
is elected to fill a vacancy in the office of Premier, the period between that election
and the next election of a Premier is not regarded as a term.
(3) � The legislature of a province, by a resolution adopted with a supporting vote of at
least two thirds of its members, may remove the Premier from office only on the
grounds of—
(a) � a serious violation of the Constitution or the law;
(b) � serious misconduct; or
(c) � inability to perform the functions of office.
(4) � Anyone who has been removed from the office of Premier in terms of subsection (3)
(a) or (b) may not receive any benefits of that office, and may not serve in any public
office.
Acting Premiers
131. � (1)
When the Premier is absent or otherwise unable to fulfil the duties of the office of
Premier, or during a vacancy in the office of Premier, an office-bearer in the order
below acts as the Premier:
(a) � A member of the Executive Council designated by the Premier.
(b) � A member of the Executive Council designated by the other members of the
Council.
(c) � The Speaker, until the legislature designates one of its other members.
(2) � An Acting Premier has the responsibilities, powers and functions of the Premier.
(3) � Before assuming the responsibilities, powers and functions of the Premier, the
Acting Premier must swear or affirm faithfulness to the Republic and obedience to
the Constitution, in accordance with Schedule 2.
67