Sec 130s Flashcards
Sec130: Term of office and removal of Premiers
(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.
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.
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.
Sec 131:
Acting Premiers
(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.
Sec 132: Executive Councils
(1) The Executive Council of a province consists of the Premier, as head of the Council, and no fewer than five and no more than ten members appointed by the Premier from among the members of the provincial legislature.
(2) The Premier of a province appoints the members of the Executive Council, assigns their powers and functions, and may dismiss them.