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Constitution of the National Assembly - The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. - The National Assembly elects the President and provide a national forum for public consideration of issues, by passing legislation and by scrutinising and overseeing executive action. - The National Assembly may be constituted with no fewer than 350 and no more than 400 members. First sitting of the National Assembly - The Constitution provides that, after a general election, the first sitting of the National Assembly must take place at a time and date determined by the Chief Justice of the Republic of South Africa, but no more than 14 days after election results are declared. - The first sitting is called by the Chief Justice by notice in the Government Gazette in terms of Item 9 of Part A of Schedule 3 to the Constitution, stating the time, date and place of the sitting. - The notice by the Chief Justice also provides information on the business that will be dealt with at the fist sitting day, namely, the swearing in of elected members of the assembly, the election of the Speaker, Deputy Speaker and the President of the Republic. Swearing in of members of the National Assembly - The elected members take an oath of faithfulness to the Republic and obedience to the Constitution before they begin to perform their functions as public representatives. - Members can choose to take the oath in any of the 12 official languages of South Africa. The Speaker of the National Assembly Election - Each nomination for the Speaker of the Assembly must be signed by two members of the Assembly and accepted in writing by the nominee. - If only one candidate is nominated, the Chief Justice declares that candidate duly elected as Speaker. - If more than one nomination is received, the Chief Justice announces that a secret ballot will take place in the House in terms of Item 6 of Part A of Schedule 3 to the Constitution Quorum and Decisions of the National Assembly S53(1) of the Constitution: Except where the Constitution provides otherwise— (a) a majority of the members of the National Assembly must be present before a vote may be taken on a Bill or an amendment to a Bill; (b) at least one third of the members must be present before a vote may be taken on any other question before the Assembly; and (c) all questions before the Assembly are decided by a majority of the votes cast. Ministers remain in an acting capacity until new cabinet appointment - Ministers remain in office until the newly elected President is sworn in by the Chief Justice at the first sitting of the National Assembly. - After a general election, current Ministers continue to serve in their positions until the President sworn in. - This ensures the continuity of government operations. - Ministers remain in office until the newly elected President is sworn in by the Chief Justice at the first sitting of the National Assembly. - Ministers retain their executive powers and duties. - They ensure the smooth functioning of their respective departments. - They prepare to hand over responsibilities to the new Cabinet members Election of the President in the National Assembly - The President of the Republic is the last to be elected by the House because the Assembly must be duly constituted first to exercise its power to elect the President. - Once elected, the President ceases to be a member of the National Assembly. - The President must assume office within five days. - The President must swear or affirm faithfulness to the Republic and obedience to the Constitution under Schedule 2.

Constitution Pocket Card

 

RSA Constitution Facts