Chapter 9: THE EXECUTIVEPart 2THE PRESIDENT AND DEPUTY PRESIDENT

Article 134. Exercise of presidential powers during temporary incumbency

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Official Constitutional Text

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are—

(a) the nomination or appointment of the judges of the superior courts;

(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;

(c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;

(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;

(e) the power of mercy; and

(f) the authority to confer honours in the name of the people and the Republic.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 134 limits the power of a President who is temporarily filling in, or an incumbent President during an election period. From the day voting starts until the new President takes office, or whenever an Acting President is in charge, they cannot make major government changes. Specifically, they are banned from appointing judges, hiring or firing Cabinet Secretaries, picking ambassadors, granting official pardons, or handing out national honors.