Will Cyril Ramaphosa become the next president? News24 examines what the constitution says. (Photo: GCIS)
-
The ANC's loss of majority will likely force the party to form a coalition government.
- As negotiations to form a new government get underway, News24 examines how the constitution outlines the next steps that must be taken after the results of the election to choose a president and prime minister are announced.
- The laws of the national and state administrations are very similar.
The ANC won 40.12% of the national vote after receiving 97.84% of the vote on Saturday morning. Having lost its majority, the ANC will likely be forced to form a coalition government.
As negotiations to form a new government get underway, News24 examines how the constitution sets out the next steps that must be taken once the election results are announced.
- First Session of the National Diet
According to Article 51(1) of the Constitution, after the election results are announced, the first meeting of the National Assembly must be held at a time and on a date to be determined by the Chief Justice of the Constitutional Court within 14 days after the election results are declared.
Read | Adrian Basson: President Velenkosi Hlabisa? It's not as far-fetched as you might think.
If for any reason the results of an election cannot be declared under Article 190, or if a court cancels an election, the sitting President, under Article 49(3), “shall by proclamation convene and fix a date for another election to be held within 90 days after the expiration of that period or after the date on which the election is cancelled.”
- The country's presidential election
At the first meeting of the National Assembly under Article 86.1, after the election, the members of the National Assembly must elect a woman or a man from among their members as President, meaning that any member of the National Assembly can be elected as the country’s next President.
- The president appoints the cabinet
Article 91(2) gives the President the power to appoint the Vice President and Ministers and to assign them powers and functions. The President also has the power to dismiss them.
Does this mean that the country will have no Cabinet until the election results are finalized? No. Article 94 of the Constitution provides that when parliamentary elections are held, the Cabinet, Vice President, Ministers and Deputy Ministers will retain the power to function until the person elected President by the next parliament takes office.
Read | Mpumelelo Mkhabela: Beyond the ANC – Envisioning a unity government for South Africa
What does the Constitution say about the states?
The legal provisions at the national and state levels are very similar.
Under Article 108.3, if the results of a state election are not declared within the period provided in Article 190, or if the election is annulled by a court, the President must, by proclamation, convene and set a date for another election to be held within 90 days after the expiration of that period or after the date on which the election is annulled.
- When is the state legislature's first meeting?
According to Article 110(1), the first meeting of the State Assembly must be held within 14 days after the election results are declared, at a date and time to be determined by a judge designated by the President of the Constitutional Court.
- When will the Prime Minister election take place?
Under Article 128(1) of the Constitution, the state assembly must elect a woman or a man as the chief minister from among its members at its first meeting.
Just as the Cabinet continues to function after a new President is elected, the Executive Council and its members continue to have functioning powers until the person elected Prime Minister by the next Parliament after an election under Article 134 of the Constitution takes office.
