CONSTIFPP.DOC

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2/7/01 10:40 PM

N.C. J. INT’L L. & COM. REG.

[Vol 24

Article 43 - Immunity from Civil and Criminal Proceedings
1.

2.

Any person holding the office of the President may not be:
a. sued in any civil proceedings, save where such
proceedings concern an act done in his official capacity as
President, in which case the State may be sued;
b. charged with any criminal offence, unless he be impeached
and charged under Article 41(6)(a) and (b) hereof.
After a President vacates his office no court may entertain any
action against him in any civil proceedings in respect of any
act done in his official capacity as President.

Article 44 - Privileges to be Given to Former Presidents
Provisions shall be made by law for the privileges that shall be
granted to former Presidents.
Article 45 - Oath
Upon his election, the President shall take the following oath:
I, ____________, swear in ___________ that I will uphold and
defend the Constitution of Eritrea and that I will strive with the
best of my ability and conscience to serve the people of Eritrea.

Article 46 - The Cabinet
1.
2.

3.

4.

There shall be a ministerial Cabinet presided over by the
President.
The President may select ministers from among members of
the National Assembly or from among persons who are not
members of the National Assembly.
The Cabinet shall assist the President in:
a. directing, supervising and coordinating the affairs of
government;
b. conducting study on and preparing the national budget;
c. conducting study on and preparing draft laws to be
presented to the National Assembly;
d. conducting study on and preparing the policies and plans
of government.
The President shall issue rules and regulations for the
organisation, functions, operations and code of conduct
relating to the members of the Cabinet and the Secretariat of

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