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THERE will be no leadership vacuum in government after the election as the constitution provides for continuity of the executive authority despite the National Assembly having ceased to exist.

The drafters of the constitution understood that there had to be continuity from one administration to the next even if the same party had taken power.

In terms of South Africa’s constitution, within 14 days of the election result being declared the newly elected National Assembly (NA) must meet for members to be sworn in.

The assembly then elects a speaker and deputy speaker.

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After that it must elect the president under the guidance of Chief Justice Mogoeng Mogoeng or a judge designated by him. The term of office of the incumbent only ends once his successor is elected.

Within five days of his election the president is required to take the oath of office.

The constitution also provides that the existing Cabinet remains "competent" until the new president is elected despite that there is no longer a National Assembly.

Parliament noted in a statement this week that the National Council of Provinces (NCOP) follows a different course. The term of permanent delegates of the NCOP continues until immediately before the first sittings of the provincial legislatures. "The declaration of the election results will indicate which parties obtained enough votes to secure representation in the NA and the extent of that representation. The names of NA members-elect are expected to be finalised by next week.

"The declaration of election results will also indicate party strength in provincial legislatures and this will determine the number of delegates to which parties are entitled in the NCOP."

The National Assembly and NCOP first sittings are on consecutive days — on May 21 for the assembly and May 22 for the NCOP. Both sittings will start at 10.30am.

To fit in with the first sittings of the two Houses of Parliament, the first sittings of provincial legislatures are all anticipated to take place at 10.30am on Wednesday May 21. These provincial legislatures will appoint permanent delegates to the NCOP and elect their premiers and provincial speakers.

In 2009 the election was held on April 22 and within the 14 days allowed the National Assembly met on May 6 and elected President Jacob Zuma. He was inaugurated three days later on May 9 and took the oath of office as prescribed in the constitution. On May 10 Mr Zuma announced the new Cabinet.

At no stage was the country without a president, and there was no Cabinet for only four days.

Mr Zuma returned to Parliament 24 days later to deliver the state of the nation address.

About three weeks after the inauguration, a joint sitting will be called by the speaker and NCOP chairman at the request of the president.