Term of Parliament

Question 1

Sec 88(1)

Answer 1

The President’s term of office begins on assuming office and ends upon a vacancy occurring or when the person next elected President assumes office.

Question 2

When does vacancy occur?

Answer 2

1) Death
2) Motion of no confidence
3) Resigns

Question 3

Sec 49(1)

Answer 3

The National Assembly is elected for a term of five years

Question 4

Sec 49(2)

Answer 4

1)If the National Assembly is dissolved in terms of section 50, or when its term expires,
2)the President, by proclamation must call and set dates for an election
3) which must
be held within 90 days of the date the Assembly was dissolved or its term expired.
4)A proclamation calling and setting dates for an election may be issued before or after
the expiry of the term of the National Assembly.

Question 5

Early Dissolution of NA (Sec 50(1))

Answer 5

(1) The President must dissolve the National Assembly if—
(a) the Assembly has adopted a resolution to dissolve with a supporting vote of a
majority of its members; and
(b) three years have passed since the Assembly was elected.

Question 6

Early Dissolution of NA (Sec 50(2))

Answer 6

The Acting President must dissolve the National Assembly if—
(a) there is a vacancy in the office of President
(b) the Assembly fails to elect a new President within 30 days after the vacancy occurred.

Question 7

Section 102(1)

Answer 7

If the National Assembly, by a vote supported by a majority of its members, passes a
motion of no confidence in the Cabinet excluding the President, the President must
reconstitute the Cabinet.

Question 8

Sec 102(2)

Answer 8

If the National Assembly, by a vote supported by a majority of its members, passes
a motion of no confidence in the President, the President and the other members of
the Cabinet and any Deputy Ministers must resign.

Question 9

Sec 89(1)

Answer 9

The National Assembly, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the President from office

Question 9

Sec 89(1)(a)(b)(c)
Grounds

Answer 9

(a) a serious violation of the Constitution or the law
(b) serious misconduct; or
(c) inability to perform the functions of office.