(ii) by the Cabinet, where no Minister has been designated by the President in terms of subparagraph (i); but subject to section 92, the Vice President or Member concerned must not act as President. for a continuous period of more than ninety days. (2) Except in accordance with a resolution passed by a majority of the whole membership of the Cabinet, a person performing the functions of the office of the President in terms of subsection (1) shall not exercise the power of the President— (a) to declare war or to make peace; or (b) to enter into any international convention, treaty or agreement; or (c) to dissolve or prorogue Parliament; or (d) to appoint or revoke the appointment of a Vice President, Minister or Deputy Minister; or (e) to assign or reassign functions to a Vice President, Minister or Deputy Minister, including the administration of any Act of Parliament or of any Ministry or department, or to cancel any such assignment of functions. 92 Succession in the event of death, resignation or removal from office of President If the President dies, resigns or is removed from office, an election to the office of President shall take place in accordance with the Electoral Law by members of the Senate and the National Assembly sitting jointly as an electoral college within ninety days after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution. PART III THE GOVERNMENT 93 Appointment of Ministers (1) The President appoints Ministers and assigns functions to them, including the administration of any Act of Parliament or of any Ministry or department. (2) Ministers are appointed from among Members of Parliament. (3) Before taking office, a person appointed as Minister must take the Ministerial oath or affirmation in the form set out in the First Schedule. 94 Minister not to hold other office or employment During his or her tenure of office, a Minister must not, directly or indirectly, hold any other public office or be employed by any other person. 95 Tenure of office of Ministers (1) The office of a Minister becomes vacant− (a) if the President removes him or her from office; (b) if he or she resigns from office by notice in writing to the President; or (c) upon a new person assuming office as President. - 44 -

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