text:
Declaratory judgment
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (November 2013) (Learn how and when to remove this template message)
Judicial remedies
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Reliance damages
Nominal damages
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A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive adjudication[1] by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal).[2] The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States,[3] and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.[4][5] A declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be accompanied by one or more other remedies.
A declaratory judgment is generally distinguished from an advisory opinion because the latter does not resolve an actual case or controversy. Declaratory judgments can provide legal certainty to each party in a matter when this could resolve or assist in a disagreement. Often an early resolution of legal rights will resolve some or all of the other issues in a matter.
A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is filed, but a copyright claim might also be applicable). In some instances, a declaratory judgment is filed because the statute of limitations against a potential defendant may pass before the plaintiff incurs damage (for example, a malpractice statute applicable to a certified public accountant may be shorter than the time period the IRS has to assess a taxpayer for additional tax due to bad advice given by the C.P.A.).
Declaratory judgments are authorized by statute in most common-law jurisdictions. In the United States, the federal government and most states enacted statutes in the 1920s and 1930s authorizing their courts to issue declaratory judgments.[6]
Contents
[hide]
1 Cease and desist
2 Declaratory judgment actions in patent litigation
2.1 Patent pitfalls and strategy
3 References
4 External links
Cease and desist[edit]
The filing of a declaratory judgment lawsuit can follow one party sending a cease-and-desist letter to another.[7] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction.[8] This may require the sender to appear in a distant court, at their own expense. So sending a cease-and-desist letter presents a dilemma to the sender, as it would be desirable to be able to address the issues at hand in a candid manner without the need for litigation. Upon receiving a cease-and-desist letter, the recipient may seek a tactical advantage by instituting declaratory-judgment litigation in a more favorable jurisdiction.[9]
Sometimes the parties agree in advance of discussions that no declaratory-judgment lawsuit will be filed while the negotiations are continuing. Sometimes a lawsuit is filed, but not served, before sending such a notice, to preserve a jurisdiction advantage without engaging the judicial process fully. Some parties send cease-and-desist letters that make "an oblique suggestion of possible infringement" to lower the risk of the recipient filing a declaratory-judgment lawsuit.[10]
Declaratory judgment actions in patent litigation[edit]
Declaratory judgments are common in patent litigation, as well as in other areas of intellectual property litigation, because declaratory judgments allow an alleged infringer to "clear the air" about a product or service that may be a business's focal point. Take, for example, a typical patent-infringement claim. When a patent owner becomes aware of an infringer, the owner can simply wait until he pleases to bring an infringement suit.[11] Meanwhile, the monetary damages continuously accrue – with no effort expended by the patent owner, apart from marking the patent number on products the patent owner sold or licensed.[12] On the other hand, the alleged infringer could do nothing to rectify the situation if no declaratory judgment existed. The alleged infringer would be forced to continue to operate his business with the cloud of a lawsuit over his head. Fortunately, the declaratory-judgment procedure allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of uncertainty looming overhead.
Common claims for declaratory judgment in patent cases are non-infringement, patent invalidity, and unenforceability. To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists.[13] If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.[14] The court may even hear the action if the patentee has not filed a cease and desist letter.[15] The standard for an actual controversy was most recently addressed by the Supreme Court in MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007). But even if an actual controversy exists, the declaratory-judgment statute is permissive—a district court, in its discretion, may decline to hear a declaratory-judgment action.[16]
Usually the claimant is actually making, using, selling, offering to sell or importing or is prepared to actually make, use or sell, offer to sell or import an allegedly infringing device or method, and usually the patent owner has claimed that such activities by claimant will result in patent infringement.[17] An express threat of litigation is not needed, nor is it a guarantee that jurisdiction will be granted.[18] Some factors courts have considered in this analysis are whether a patent owner has asserted its rights against an alleged infringer in a royalty dispute, whether the owner has sued a customer of an alleged infringer, or whether an owner has made statements regarding its patents in trade magazines.
Patent pitfalls and strategy[edit]
This section contains instructions, advice, or how-to content. The purpose of Wikipedia is to present facts, not to train. Please help improve this article either by rewriting the how-to content or by moving it to Wikiversity, Wikibooks or Wikivoyage. (May 2017)
The patent owner must be very careful when communicating with possible infringers. If a patent owner does suggest that there is patent coverage of what an alleged infringer is doing or planning to do, the alleged infringer may bring suit.[9] The alleged infringer, as the plaintiff in the suit, can choose the venue subject to constitutional restrictions and the state long-arm statute of the forum in question. The suit can be brought in any forum if the local federal district court can properly obtain personal jurisdiction over the alleged infringer. The patent owner being sued for a declaratory judgment created a situation where he has lost the "home-field advantage". Travel costs to a distant courthouse can be substantial, and a party litigating in a distant forum may have to hire a local attorney, if required by the local rules, in addition to the regular patent litigation counsel.
Also, distant juries sometimes prefer the "home-town" guy over the foreigner.[19] Defendants in infringement cases should also not forget the utility of a declaratory judgment as a counterclaim. If a defendant brings a declaratory-judgment counterclaim, the plaintiff may not be able to so easily drop the suit if the outcome begins to look dismal because plaintiff now has to defend the counterclaim.
Patent owners should also be aware that a counterclaim of infringement is a compulsory counterclaim to a claim for declaratory judgment of non-infringement.[20] If a patent owner fails to assert an infringement counterclaim in a declaratory-judgment non-infringement suit, the patent infringement claim will be deemed waived.
References[edit]
Jump up ^ Bray, Samuel (2010). "Preventive Adjudication". University of Chicago Law Review. 77: 1275. SSRN 1483859  .
Jump up ^ 28 U.S.C.S. § 2201 (“Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.”)
Jump up ^ Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 284 (1988) (“Actions for declaratory judgments are neither legal nor equitable . . . .”).
Jump up ^ Samuels v. Mackell, 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to the equity jurisdiction in suits quia timet or for a decree quieting title.’”) (citations omitted)
Jump up ^ Green v. Mansour, 474 U.S. 64, 72 (1985) (“The propriety of issuing a declaratory judgment may depend upon equitable considerations”).
Jump up ^ See Declaratory Judgment Act, 28 U.S.C.S. § 2201
Jump up ^ http://home.comcast.net/~jlw28129/05Harvey-Appel.pdf
Jump up ^ See http://www.houstoninternetlaw.com/Cease%20and%20Desist.html; http://ocpatentlawyer.com/cease-and-desist-letters/. But see http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202492338347&slreturn=1
^ Jump up to: a b See http://www.houstoninternetlaw.com/Cease%20and%20Desist.html; http://ocpatentlawyer.com/cease-and-desist-letters/
Jump up ^ "Patent Law: "Reasonable Apprehension" After Receipt of Cease-and-Desist Letter Grounds for Declaratory Judgment Action". Library.findlaw.com. Retrieved 2012-06-13.
Jump up ^ But see 35 U.S.C. 286 (imposing a six-year time limitation on damages).
Jump up ^ See http://library.findlaw.com/2002/Dec/19/132442.html
Jump up ^ See MedImmune,_Inc._v._Genentech,_Inc., 549 U.S. 118, 126–27 (2007).
Jump up ^ See MedImmune,_Inc._v._Genentech,_Inc., 549 U.S. 118, 127 (2007).
Jump up ^ "Cease and Desist Letter". Houstoninternetlaw.com. 2008-09-23. Retrieved 2012-06-13.
Jump up ^ See Grand T. W. R. Co. v. Consolidated Rail Corp., 746 F.2d 323, 325 (6th Cir. 1984) (“Title 28 of the United States Code § 2201 provides that in ‘a case of actual controversy within its jurisdiction’ a federal court ‘may’ give a declaratory judgment, a power permissive, not mandatory. Although it is well settled that the granting of a declaratory judgment rests in the "sound discretion" of the court”).
Jump up ^ 35 U.S.C. 271.
Jump up ^ See http://www.houstoninternetlaw.com/Cease%20and%20Desist.html; ##Grand T. W. R. Co. v. Consolidated Rail Corp., 746 F.2d 323, 325 (6th Cir. 1984).
Jump up ^ http://www.valoremlaw.com/documents/ChanenPretrialPractice.pdf
Jump up ^ Vivid Techs., Inc. v. Am. Sci. & Eng'g Inc., 200 F.3d 795, 802 (Fed. Cir. 1999)
External links[edit]
28 U.S.C. 2201-2 – Declaratory judgment
Federal Rules of Civil Procedure, Rule 57
Uniform Declaratory Judgment Act at the Wayback Machine (archived April 3, 2005[Date mismatch])
Bray, Samuel L. (2010). "Preventive Adjudication". University of Chicago Law Review. 77: 1275. SSRN 1483859  .
Retrieved from "https://en.wikipedia.org/w/index.php?title=Declaratory_judgment&oldid=812424702"
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text:
I'll Never Find Another You
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
"I'll Never Find Another You"
Single by The Seekers
from the album The Best of The Seekers
B-side
"Open Up Them Pearly Gates"
Released
December 1964
Format
7" 45rpm
Recorded
November 4 1964 at Abbey Road Studios London
Length
2:40
Label
EMI Columbia DB 7431,[1] Capitol
Songwriter(s)
Tom Springfield[1]
Producer(s)
Tom Springfield[1]
The Seekers singles chronology
"I'll Never Find Another You"
(1964) "What Have They Done to the Rain"
(1965)
"I'll Never Find Another You"
(1964) "What Have They Done to the Rain"
(1965)
"I'll Never Find Another You"
Single by Sonny James
from the album I'll Never Find Another You
B-side
"Goodbye Maggie Goodbye"
Released
May 1967
Genre
Country
Label
Capitol
Songwriter(s)
Tom Springfield
Producer(s)
Kelso Herston
Sonny James singles chronology
"Need You"
(1967) "I'll Never Find Another You"
(1967) "It's the Little Things"
(1967)
"Need You"
(1967) "I'll Never Find Another You"
(1967) "It's the Little Things"
(1967)
"I'll Never Find Another You" is a 1964 single by The Seekers which reached No. 1 in the UK in February 1965.[1] It was The Seekers' first UK-released single,[1] and was the second-best selling single of 1965 in the UK.[2] The song was also popular in the US, reaching peaks of No. 4 pop and No. 2 easy listening on the Billboard Hot 100 charts.[3]
The track was written and produced by Tom Springfield,[1] who was also responsible for most of The Seekers' subsequent hits.
The tune received a 1967 US revival as a country music No. 1 by Sonny James.[4] In 2006, it received yet another revival with a folk rock cover from guitarist Les Fradkin on his CD Jangleholic.
In July 2018, the song was featured in a Westpac bank TV advertisement in Australia.[5]
The song was added to the National Film and Sound Archive of Australia's Sounds of Australia registry in 2011.[6]
Contents
1 Chart performance
1.1 The Seekers
1.2 Sonny James
2 Other versions
3 See also
4 References
Chart performance[edit]
The Seekers[edit]
Chart (1964-65)
Peak
position
Australian Kent Music Report[7] 1
UK Singles Chart[8] 1
U.S. Billboard Hot 100[9] 4
U.S. Billboard Easy Listening 2
Ireland 2
Sonny James[edit]
Chart (1967)
Peak
position
U.S. Billboard Hot Country Singles 1
U.S. Billboard Hot 100 97
Other versions[edit]
In 2010, the song was performed at a benefit for the homeless youth organization Teen Feed by Death Cab for Cutie frontman Ben Gibbard and his wife, singer/actress Zooey Deschanel.[10]
Filipino singer/actress Nora Aunor covered the song for her 1968 album Nora Aunor Sings.
See also[edit]
List of best-selling singles of the 1960s in the United Kingdom
References[edit]
^ Jump up to: a b c d e f Rice, Jo (1982). The Guinness Book of 500 Number One Hits (1st ed.). Enfield, Middlesex: Guinness Superlatives Ltd. p. 89. ISBN 0-85112-250-7.
Jump up ^ http://www.uk-charts.top-source.info/top-100-1965.shtml
Jump up ^ Whitburn, Joel (2002). Top Adult Contemporary: 1961-2001. Record Research. p. 218.
Jump up ^ Whitburn, Joel (2004). The Billboard Book Of Top 40 Country Hits: 1944-2006, Second edition. Record Research. p. 172.
Jump up ^ "YouTube". Westpac Banking. 2018-07-24. Retrieved 2018-08-03.
Jump up ^ "Sounds of Australia // National Film and Sound Archive, Australia". Nfsa.gov.au. Retrieved 2014-04-05.
Jump up ^ "Billboard Magazine, March 13, 1965". Billboard.
Jump up ^ Roberts, David (2006). British Hit Singles & Albums (19th ed.). London: Guinness World Records Limited. p. 175. ISBN 1-904994-10-5.
Jump up ^ "Billboard Magazine, December 1982". Billboard.
Jump up ^ "107.7 The End: Ben gibbard + Zooey Deschanel - I'll Never Find Another You". YouTube. 2010-11-04. Retrieved 2014-04-05.
show
v
t
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The Seekers
Athol Guy
Keith Potger
Bruce Woodley
Judith Durham
Buddy England
Julie Anthony
Karen Knowles
Studio albums
Introducing the Seekers (1963)
The Seekers (aka Roving with the Seekers) (1964)
Hide & Seekers (aka The Four and Only Seekers) (1964)
A World of Our Own (aka The Seekers) (1965)
Come the Day (aka Georgy Girl) (1966)
Seekers Seen in Green (1967)
The Seekers (1975)
Giving and Taking (1976)
A Little Bit of Country (1980)
Live On (1989)
Future Road (1997)
Morningtown Ride to Christmas (2001)
Live albums
Live at the Talk of the Town (1968)
25 Year Reunion Celebration (1993)
1968 BBC Farewell Spectacular (1999)
Night of Nights... Live! (2002)
Box Set
The Seekers Complete (1995)
Treasure Chest (1997)
All Bound for Morningtown (2009)
Main Compilations
The Seekers Sing Their Big Hits (1965)
Introducing the Seekers Big Hits (1967)
The Seekers' Greatest Hits (1968)
The Best of The Seekers (1968)
Capitol Collectors Series (1992)
The Silver Jubilee Album (1993)
A Carnival of Hits (1994)
The Very Best of The Seekers (1998)
Greatest Hits (2009)
The Golden Jubilee Album (2012)
Singles
"Waltzing Matilda"
"I'll Never Find Another You"
"What Have They Done to the Rain"
"A World of Our Own"
"The Carnival Is Over"
"Someday, One Day"
"Morningtown Ride"
"Georgy Girl"
"When Will the Good Apples Fall"
"Emerald City"
"Love Is Kind, Love Is Wine"
"Sparrow Song"
Related articles
The Seekers discography
List of songs recorded by The Seekers
show
v
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Sonny James
Notable singles
"Young Love"
"Lovesick Blues"
"I Forgot More Than You'll Ever Know"
"Apache"
"The Minute You're Gone"
"You're the Only World I Know"
"Behind the Tear"
"Take Good Care of Her"
"Need You"
"I'll Never Find Another You"
"It's the Little Things"
"A World of Our Own"
"Heaven Says Hello"
"Born to Be with You"
"Only the Lonely"
"Running Bear"
"Since I Met You Baby"
"It's Just a Matter of Time"
"My Love"
"Don't Keep Me Hangin' On"
"Endlessly"
"Empty Arms"
"Bright Lights, Big City"
"Here Comes Honey Again"
"Only Love Can Break a Heart"
"That's Why I Love You Like I Do"
"When the Snow Is on the Roses"
"Is It Wrong (For Loving You)"
"In the Jailhouse Now"
"Abilene"
Related articles
Discography
Capitol Records

This 1960s country song-related article is a stub. You can help Wikipedia by expanding it.
v
t
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This 1960s rock song-related article is a stub. You can help Wikipedia by expanding it.
v
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Retrieved from "https://en.wikipedia.org/w/index.php?title=I%27ll_Never_Find_Another_You&oldid=853225306"
Categories:
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Number-one singles in Australia
1964 singles
1965 singles
Songs written by Tom Springfield
1967 singles
Billboard Hot Country Songs number-one singles
Sonny James songs
Capitol Records singles
1964 songs
Columbia Graphophone Company singles
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Hidden categories:
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Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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President of South Africa
From Wikipedia, the free encyclopedia
This is the latest accepted revision, reviewed on 5 September 2017.
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This article is about the position of South African head of state and head of government from 1994. For the position of South African head of state from 1961 to 1994, see State President of South Africa.
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (May 2009) (Learn how and when to remove this template message)
President of the
Republic of South Africa
List[show]
10 other official names:
President van Suid-Afrika (Afrikaans)
uMongameli weSewula Afrika (Southern Ndebele)
uMongameli waseMzantsi Afrika (Xhosa)
Umongameli waseNingizimu Afrika (Zulu)
uMengameli weleNingizimu Afrika (Swati)
Mopresidente wa Afrika Borwa (Northern Sotho)
Mopresident wa Afrika Borwa (Sotho)
Moporesitente wa Aforika Borwa (Tswana)
Puresidente wa Afrika-Dzonga (Tsonga)
Muphuresidennde wa Afrika Tshipembe (Venda)
Seal of the President of South Africa
Incumbent
Jacob Zuma
since 9 May 2009
Style
His/Her Excellency
Residence
Mahlamba Ndlopfu (Pretoria)
Genadendal (Cape Town)
Dr. John L. Dube House (Durban)
Appointer
National Assembly of South Africa
Term length
5 years
renewable once
Inaugural holder
Nelson Mandela
Formation
10 May 1994
Deputy
Deputy President of South Africa
Salary
R 2,716,798 ($ 200,411)[1]
Website
www.thepresidency.gov.za
South Africa
This article is part of a series on the
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Cyril Ramaphosa
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Thandi Modise
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Baleka Mbete
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Mogoeng Mogoeng
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Bess Nkabinde (Acting)
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The President of the Republic of South Africa is the head of state and head of government under the Constitution of South Africa. From 1961 to 1994, the head of state was called the State President.
The President is elected by the National Assembly, the lower house of Parliament, and is usually the leader of the largest party, which has been the African National Congress since the first non-racial elections were held on 27 April 1994. The role was founded to be distinct from the now defunct role of prime minister, but the two roles were merged in the 1983 constitution which specified a four-year term of office. The Constitution limits the president's time in office to two five-year terms.[2] The first president to be elected under the new constitution was Nelson Mandela, and the incumbent president is Jacob Zuma.
Under the interim constitution (valid from 1994 to 1996), there was a Government of National Unity, in which a Member of Parliament (MP) from the largest opposition party was entitled to a position as Deputy President. Along with Thabo Mbeki, the last State President, F. W. de Klerk also served as Deputy President, in his capacity as the leader of the National Party which was the second-largest party in the new Parliament. But De Klerk later resigned and went into opposition with his party. A voluntary coalition government continues to exist under the new constitution (adopted in 1996), although there have been no appointments of opposition politicians to the post of Deputy President.
The President is required to be a member of the National Assembly at the time of his election. Upon his election, he immediately resigns his seat for the duration of his term. The President may be removed either by a motion of no-confidence or an impeachment trial.
Contents
[hide]
1 Origins
2 Electoral system
3 Oath or Affirmation
4 Tenure of Office
5 Responsibilities of President
6 Succession
7 Presidential powers
8 Powers and Functions of South African President
9 Presidents of South Africa (1994–present)
10 Latest election
11 See also
12 References
13 External links
Origins[edit]
The office of the President, and the roles that come with it, were established by Chapter Five of the Constitution of South Africa which was formed by a Constituent Assembly upon the dissolution of apartheid as state policy.[2]
A number of manifestations of the office have existed. Aspects of these offices exist within the presidency today. The executive leadership of the British colonies of Natal and of the Cape of Good Hope were invested in their Governors, likewise was invested in the Presidents of the Boer republics of the Transvaal and the Orange Free State. Alternating sovereignty as a result of wars culminated in the Vereeniging Treaty signed in which concluded the South African War.
The Union of South Africa, a British Dominion, was established on 31 May 1910[3] and the head of state was invested in the apolitical and ceremonial Monarch of the United Kingdom (who was represented by a viceroy, the Governor-General).
Upon the declaration of South Africa as a republic on 31 May 1961, the office of State President was created.[4] It was originally a ceremonial post, but became an executive post in 1984 when a new constitution abolished the post of Prime Minister and transferred its powers to the State President.
Electoral system[edit]
South Africa has an almost unique system for the election of its president. Unlike other former British colonies and dominions who have adopted a parliamentary republican form of government and those that follow the Westminster system, South Africa's President is both head of state and head of government and Commander-in-Chief of the South African National Defence Force (SANDF). Contrary to presidential systems around the world, the President of South Africa is elected by the Parliament of South Africa[5] rather than by the people directly. He is thus answerable to it in theory and able to influence legislation in practice as head of the majority party (presently the ANC).
The president is elected at the first sitting of parliament after an election, and whenever a vacancy arises. The president is elected by the National Assembly, the lower house of parliament, from among its members. The chief justice must oversee the election. Once elected, a person is no longer a member of the national assembly. They must then be sworn in as president within five days of the election. Should a vacancy arise, the date of a new election must be set by the chief justice, but not more than 30 days after the vacancy occurs.[6]
The Constitution has thus prescribed a system combining both parliamentary and presidential systems in a unique manner. Only Botswana and a few other countries use a similar system. Between 1996 and 2003 Israel combined the two systems in an opposite way, with an elected prime minister.[7]
Although the presidency is the key institution, it is hedged about with numerous checks and balances that prevent its total dominance over the government, as was the case in many African countries. The presidential term is five years, with a limit of two terms. Thus the electoral system attempts (at least on paper) to prevent the accumulation of power in the president as was during Apartheid or in many other African countries.[8]
Oath or Affirmation[edit]
The President-elect will, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms st out in Schedule 3 before the Chief Justice or a Judge of the Supreme Court.
Tenure of Office[edit]
The President elected in terms of section 77 (1) (a) is subjected to sections 87 and 93 (2), hold office-
(a) for the period terminating on a date five years as from the date of the date of the first sitting of the National Assembly under the Constitution; or
(b) if the Parliament is dissolved during such period, for the period until a President has been elected in terms of section 77 (1) (b) after such dissolution and has assumed office.
Responsibilities of President[edit]
(1) The President is responsible for the observance of the provision of the Constitution as the supreme law of the land
(2) The president provides with dignity the executive leadership in the interest of national unity in accordance with the Constitution and the law of the country.
(3) The president cannot hold any other public office and cannot perform remunerative work outside the duties of the president's office.
Succession[edit]
According to chapter five of the constitution, the president can only exercise the powers of his or her office while within the Republic of South Africa. Should the president be outside of the country, or unable to fulfil the duties of the office, they may appoint an acting president.
The presidential vacancy should be filled first by the deputy president, then cabinet minister selected by the president, then a cabinet minister selected by the cabinet, and finally by the Speaker of the National Assembly.[9]
Presidential powers[edit]
The President is the head of state, head of government and commander-in-chief of the armed forces of the Republic of South Africa. The rights, responsibilities and remuneration of the President are enumerated in Chapter V of the Constitution of South Africa and subsequent amendments and laws passed by the Parliament of South Africa.
The executive power of the Republic is invested in the president. He appoints various officials to positions listed in the Constitution however the most significant are the ministers and justices of the Supreme Court of Appeal and the Constitutional Court. Through the Cabinet, the president implements and enforces the constitution and laws and enforces his or her political objectives. Judges are appointed on the advice of the Judicial Service Commission.
The president plays a role in the formation of legislation. He or she signs bills into laws and can do the opposite, veto them (although subject to an override), refers bills back to Parliament or to the Constitutional Court or can call for a referendum. The president summons parliament, often delivering his or her objectives and agenda in a State of the Nation Address at the beginning of each session.
The president is the commander-in-chief of the South African National Defence Force thereby possessing influence or control over foreign and security policy. He or she is accorded the constitutional powers to declare war and make peace, negotiate and sign (although not ratify) treaties (and the alliances that may come with them), and receives and appoints diplomatic officials, confers honours and grants pardons.[10]
Powers and Functions of South African President[edit]
(1) The president performs the following powers and functions:
(a) Sign bills duly passes by parliament.
(b) Convey meetings with Cabinet
(c) Refer disputes of a constitutional nature between parties represented in Parliament or between organs of state at any level of government to the Constitutional Court.
(d) Confer honours.
(e) Appoint, accredit, receive and recognise ambassadors, diplomatic representatives and other diplomatic officials.
(f) Appoint commissions of inquiry.
(g) Negotiate and sign international agreements
(2) The president shall consult the Executive Deputy President.
(a) In development and execution of the policies of the international government.
(b) All matters relating to the management of the Cabinet and performance of Cabinet business.
(c) Assign and allocation of functions contemplated in section 84 (5) to an Executive Deputy President.
(3) The President exercises and performs all powers and functions assigned to him by the Constitution or any other law, except those specified in subsections (1) and (2) or where otherwise expressly or by implication provided in this Constitution in consultation with the cabinet. Provided that the cabinet may delegate it's consultation functions in terms of the subsection, with reference to any particular power or function of the president, to any Minister of Ministers.
(4) (a) The President in the Commander-in-Chief of the National Defence Force
(b) The President may -
(ii) With approval of the Parliament, declare a state of national defence.
(iii) Employ the national defence force in accordance with and subject to sections 227 and 228.
The President is addressed as "Your Excellency" or "Mr/Madam President" and referred to as "The Honourable (name)".
The official seat of the President are the Union Buildings in Pretoria and the Tuynhuys in Cape Town. His living residences are Mahlamba Ndlopfu in Pretoria, Genadendal in Cape Town and Dr John L Dube House in Durban.
Presidents of South Africa (1994–present)[edit]
Parties
African National Congress
No.
Portrait
Name
(Birth–Death)
Term of office
—
Electoral mandates
Days as President
Parliament
Political party
Government
Refs
1
Nelson Mandela
(1918–2013) 10 May
1994 14 June
1999 1851 days 22nd ANC Mandela
(Reshuffle 1 · 2 · 3)
ANC—NP—IFP
1994
The first post-apartheid President of South Africa. The first black chief executive of South Africa, and the first elected in a fully representative democratic election. His government focused on dismantling the legacy of apartheid through tackling institutionalised racism, poverty and inequality, and fostering racial reconciliation. Politically an African nationalist and democratic socialist, he served as President of the African National Congress (ANC) party from 1991 to 1997.
2
Thabo Mbeki
(1942–) 14 June
1999 21 May
2004 3390 days 23rd ANC Mbeki I
ANC—IFP [11]
[12]
[13]
[14]
[15]
[16]
[17]
21 May
2004 24 September
2008 24th Mbeki II
(Reshuffle 1 · 2)
1999, 2004
The second post-apartheid President of South Africa. On 20 September 2008, with about nine months left in his second term, Mbeki announced his resignation after being recalled by the National Executive Committee of the ANC, following a conclusion by judge C. R. Nicholson of improper interference in the National Prosecuting Authority (NPA), including the prosecution of Jacob Zuma for corruption. On 12 January 2009, the Supreme Court of Appeal unanimously overturned judge Nicholson's judgment but the resignation stood.
3
Kgalema Motlanthe
(1949–) 25 September
2008 9 May
2009 228 days 24th ANC Motlanthe [18]
[18]
2008
The third post-apartheid President of South Africa. He was elected following the resignation of Thabo Mbeki.
4
Jacob Zuma
(1942–) 9 May
2009 21 May
2014 3052 days 25th ANC Zuma I
(Reshuffle 1 · 2 · 3)
21 May
2014 Incumbent
(mandate expires on 2 June 2019) 26th Zuma II
2009, 2014
The fourth post-apartheid President of South Africa.
Latest election[edit]
Main article: South African general election, 2014
See also[edit]
State President of South Africa
Prime Minister of South Africa
Governor-General of the Union of South Africa
State President of the South African Republic (1857–1902)
State President of the Orange Free State
Freedom Day
References[edit]
Jump up ^ van Wyk, Anim; Wilkinson, Kate (19 August 2014). "How much does SA's Cabinet really cost?". Mail & Guardian. Retrieved 23 August 2014.
^ Jump up to: a b "Constitution of the Republic of South Africa, 1996 - Chapter 5: The President and National Executive, 88. Term of office of President".
Jump up ^ "General History of South Africa Timeline: 1910s".
Jump up ^ "General History of South Africa Timeline: 1960s".
Jump up ^ "Voting Completed to Elect New President".
Jump up ^ "Chapter 5 - The President and National Executive". The Nelson Mandela Centre of Memory. Retrieved 30 January 2016.
Jump up ^ "Botswana".
Jump up ^ "Elections in South Africa".
Jump up ^ "Succession planning for dummies". Daily Maverick. 14 December 2012. Retrieved 30 January 2016.
Jump up ^ "Responsibilities of the President of South Africa".
Jump up ^ The Presidency (14 October 2004). "GCIS: profile information: Thabo Mvuyelwa Mbeki, Mr". GCIS. Archived from the original on 16 April 2007. Retrieved 27 November 2007.
Jump up ^ "Cabinet bids farewell to Mbeki". SABC news. 25 September 2008. Archived from the original on 29 September 2008. Retrieved 25 September 2008. His resignation came into effect at midnight.
Jump up ^ "SA's Mbeki says he will step down". London: BBC News. 20 September 2008. Retrieved 21 September 2008.
Jump up ^ "Full Zuma Judgment". News24. 13 September 2008.
Jump up ^ "Judge Nicholson Red-carded by SCA". Mail&Guardian Online. 12 January 2009.
Jump up ^ "National Director of Public Prosecutions v Zuma (573/08) [2009] ZASCA 1 (12 Jan 2009)" (PDF). South African Supreme Court of Appeal. 12 January 2009.
Jump up ^ "Mbeki lashes out at lying politicians". IOL/The Star. 14 January 2009.
^ Jump up to: a b "Zuma sworn in as SA's fourth democratic President". SABC. 9 May 2009. Retrieved 9 May 2009.
External links[edit]
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values: رئيس جنوب أفريقيا – Arabic

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