9. Executive Presidency
Section A - President and Term
The executive power of the United States of Africa shall be vested in the Presidency of Africa, to be headed by a popularly elected president. The president of Africa shall hold office during the term of four years. Article 2 (B) (2) applies to the location of the Presidency.
Section B - Presidential Election
(1) Presidential nominations. Prior to a general election, there shall be a series of primary elections. The United States of Africa shall be divided into five regions -- East, West, North, South and Equatorial (Central). Each region will hold its primary on a date announced by the Directorate of Elections, with the last primary taking place three months before the general election. The order will be rotated so that the region going first in an election year will hold its primary the last in the next election year. The nominees will take part in the general election.
(2) The presidential election. Every four years, the African people shall directly vote for the candidates of their choice in a free and fair presidential election. As running mates, a president and vice president, one of whom at least shall not be an inhabitant of the same state with themselves. The people shall indicate on their ballots the names they are voting for as president and vice president. In the presence of representatives of the candidates, the states shall accurately count the ballots cast and make distinct lists of all persons voted for as president and vice president and of the number of votes for each, which lists they shall sign, certify and announce. The states shall submit the certificates of the presidential election to the Directorate of Elections. The persons having the greatest number of votes for president and vice president shall be the president and vice president. If there be no winner, then from the persons having the highest numbers not exceeding two sets on the list of those voted for as president and vice president, the Congress of the United States of Africa shall merge into a unicameral Congress and choose immediately by secret ballot the president and vice president. In choosing the president, the votes shall be taken by the states, the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. If the Congress shall not choose a president within seven days whenever the right of choice shall devolve upon them, the state governors shall convene immediately and vote for a president. No governor or candidate in the failed presidential ballot shall be eligible to elected president by the governors.
(3) As set forth in Article 1 (E) and (F), the requirements for political organizations and independents apply to presidential elections. Independent presidential candidates must each have the required number of signatures from at least two thirds of the states.
(4) Qualifications. No person except a natural-born citizen of the United States of Africa shall be eligible to the Presidency of Africa. Neither shall any person be eligible to the Presidency who shall not have attained the age of thirty years and been ten years physically domiciled in the United States of Africa.
(5) Term limitation. No person shall be elected to the Presidency of Africa more than twice and no person who has occupied the Presidency or acted as president for more than three years of a term to which another person was elected as president shall be elected to the Presidency more than once.
(6) The end and beginning of presidential terms. The terms of the president and vice president shall end at noon on the seventh day after Election Day. The terms of senators and representatives at noon on the fifth day after Election Day. The terms of their successors shall then begin immediately the incumbents vacate their seats as scheduled.
Section C - Filling a Presidential Vacancy
(1) If a president dies before taking office. In which event, at the time fixed for the beginning of the term of the president, the president elect shall have died or become incapacitated, the vice-president elect shall become president. If a president shall not have been chosen before the time fixed for the beginning of his term or if the president and vice president elect shall have failed to qualify, the attorney general shall act as president until a president shall have been chosen or qualified. For the first federal election, where there will be no attorney general yet, the Federal Congress shall choose the president if both the president and vice president elect cannot take office. The federal cabinet shall be composed of citizens eligible to step in and act as president. In the event the attorney general is unable to act as president due to illness or other reason, the federal cabinet shall meet and choose without debate one of them to act as president. Each cabinet official shall choose somebody other than himself or herself, write the nominee's name on a ballot and sign it. The person getting nominated the most shall be the acting president.
(2) All options to fill a presidential vacancy occasioned by demise having been exhausted, the Congress may by law provide for how and from whom the Chamber of Representatives may choose a president whenever the right of choice shall have devolved upon them and for whom they may choose a vice president whenever the right of choice shall have devolved upon them.
(3) A president's disability or removal. In case of the removal of the president from office or of his death or resignation, the vice president shall become president.
(4) A vice presidential vacancy. Whenever there is a vacancy in the office of the vice president, the president shall nominate a vice president who shall take office upon confirmation by a majority of both chambers of the Congress.
(5) Inability to discharge office. Whenever the president transmits to the heads of the the Chamber of Representatives and the Council of Chiefs his or her written declaration that he or she is unable to discharge the powers and duties of his or her office and until he transmits to them a written declaration to the contrary, the presidency shall be discharged by the vice president in an acting capacity.
(6) When the vice president and others notify of the president's disability. Whenever the vice-president and a majority of either the principal officers of the executive departments or of such other body as the Congress may by law provide transmit to the heads of the the Chamber of Representatives and the Council of Chiefs their written declaration that the president is unable to discharge the powers and duties of the office, the vice president shall immediately assume the powers and duties as acting president. Thereafter, when the president transmits to the heads of the Chamber and Council his or her written declaration that no inability exists, he or she shall resume the powers and duties of the presidency unless the vice president and a majority of the principal officers of the executive department or of such other body as the Congress may by law provide transmit as soon as possible to the heads of the Chamber and Council their written declaration that the president is unable to discharge the powers and duties of his office. Thereupon, the Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration or if the Congress is not in session within twenty one days after the Congress is required to assemble, determines by two-thirds of both chambers that the president is unable to discharge the powers and duties of his or her office, the vice president shall continue to discharge the same as acting president. Otherwise, the president shall resume the powers and duties of his or her office.
(7) Impeachment. The president, vice-president, judges and all other officers of the United States of Africa shall be removed from office on impeachment and conviction for treason, corruption or other criminal breaches of the African Constitution and statutory law.
Section D - Inauguration and Salary
(1) The president's salary. The president of Africa shall at stated times receive for his or her public service a compensation, which shall neither be increased nor diminished during the period for which he or shall have been elected. The president shall not receive within that period any other emolument from the United States of Africa or any of them. Article I (3) (b) applies to the president and all other members of the federal cabinet.
(2) The inauguration of the president. Before the president of Africa enters upon the execution of the African Constitution, he or she shall make the following inaugural pledge: “I, (name), pledge to faithfully execute the office of the president of the United States of Africa and preserve, protect and defend the African Constitution.”
Section E - Federal Departments
(1) (a) The chief executive. The Presidency of Africa shall consist of the immediate staff of the president of the United States of Africa as well as multiple levels of support staff reporting to the president. The presidential staff will include an array of policy experts in various fields, including national security, international policy, law enforcement, science and technology, trade, finance, budget, agriculture and environmental quality.
(b) The Federal House shall be the official residence and workplace of the president of Africa, which public building will be located on fifty acres, shall as much as possible be powered by solar and wind energy. The president of Africa is responsible for accountable supervision of the cabinet secretaries and making the right decisions in the national interest.
(c) The members of the federal cabinet will report directly to the president of Africa as the appointing authority. The president may require in writing the advice of the principal officer in each of the federal departments upon any subject relating to the duties of their respective offices. Cabinet secretaries shall have expertise relevant to their respective departments and unquestionable integrity.
(2) The economy. The Department of the Economy, headed by the economy secretary, is charged with managing federal finances, collection of taxes, duties and monies due to the United States of Africa, payment of all bills of the federation, currency and coinage, management of federal accounts and the public debt, supervision of national banks and thrift institutions, advising on domestic and international financial, monetary, economic, trade and tax policy, administering federal finance and tax laws and investigating and prosecuting tax evaders, counterfeiters and forgers. Its key organs will be the Central Bank of Africa, the Federal Revenue Authority, the Division of Commerce and the Bureau of National Statistics.
(b) Monetary policy. The Central Bank of Africa, whose primary responsibility is the formulation of monetary policy, will also make the major decisions affecting the cost and availability of money and credit in the economy in addition to exercising regulatory and supervisory control over banks and other financial institutions and issuance of currency.
(c) Taxation. The Federal Revenue Authority will be the taxation arm of the United States of Africa and shall enforce tax law. The Division of Commerce shall promote economic growth, job creation and sustainable development. The division's responsibilities include trade expansion, economic and business advancement, entrepreneurship, adoption and application of cutting-edge science and technology to foster innovation, statistical research and analysis and making African corporations competitive in the global economy.
(d) National census and statistics. The Bureau of National Statistics shall collect relevant data about the people and economy of the United States of Africa, including population, housing, business activities, international trade, local, state and federal government agencies, education and transportation services. Only general statistical information is to be collected and it is unlawful to release any specific information about individuals.
(3) National security. The Department of National Security, headed by the national security secretary, is charged with protecting and defending the African people against external threats, being responsible for intelligence gathering, military capability and preparedness and ensuring Africa is always safe from any and all foreign dangers.
(4) Justice. The Department of Justice, headed by the attorney general, is the central investigative and prosecuting authority of the United States of Africa. It is charged with investigating and prosecuting all crimes of a federal nature committed against the African people, being responsible for combating corruption, violence, tribalism and, inter alia, electoral fraud. Its key organs will include the Division of Economic Crimes, which will investigate and prosecute corruption and pursue and recover stolen African assets, and the Agency for Equal Opportunity, which will enforce civil rights and investigate and prosecute illegal discrimination based on ethnicity, religion and, among others, ideology in employment, housing and other services.
(5) National enforcement. The Department of the Interior, headed by the interior secretary, is the domestic enforcement arm of the United States of Africa. It is responsible for protecting the African people from domestic crimes, enforcing federal court and executive orders, federal service of process and, inter alia, processing citizen travel documents and visitor permits. It will administer the federal prisons, border patrol, immigration enforcement and, inter alia, issuance of passports to African citizens. Its key organ is the the federal police.
(6) International policy. The Department of International Relations, headed by the international secretary, is charged with administering Africa's international policy and advancing African interests in foreign countries, including marketing Africa abroad, attracting investors and tourists and assisting overseas-based African citizens and businesses.
(7) Natural resources and the environment. The Department of Natural Resources, headed by the natural resources secretary, is charged with natural resource management and environmental protection, being responsible for the development and prudent use of minerals, researching and promoting reliance on solar and wind power and all other alternative, renewable and clean sources of energy, soil conservation, air and water quality and, inter alia, wildlife protection and preservation.
(8) Agriculture and food. The Department of Agriculture, headed by the agriculture secretary, is charged with guaranteeing food security for the African people, being responsible for eradication of hunger and starvation from the African continent. It shall provide leadership on food, agriculture, natural resources, soil conservation and other environmental protection, rural development and agribusiness based on sound public policy, research, the best available science and efficient management. The department will enhance agricultural trade, improve farm production and the quality of life in rural Africa, protect the food supply, improve nutrition and protect and enhance Africa’s natural resource base and environment.
(9) Human health. The Department of National Health, headed by the health secretary, is charged with disease prevention and control, being responsible for ensuring all African citizens have quality and affordable healthcare.
(10) Transportation. The Department of Transportation, headed by the transportation secretary, is charged with aviation, roads, railways, waterways.
Section F - Military Command
Commander in chief. The president of Africa shall be the commander in chief of the armed forces of the United States of Africa. The defense forces of the states will be reorganized, retrained, reassigned and unified into a federal military.
Section G - Other Presidential Responsibilities
(1) Treaties and appointments. By and with the advice of the Senate, the president shall have power to make treaties provided two thirds of the senators present concur. He or she shall nominate and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls and all other senior executive officers of the United States of Africa whose appointment is not vested in the Federal Service Commission. When the appointment of a public officer shall not have been refused by the Senate within 90 days after the president shall have nominated that officer, the nominee shall take office in like manner as if the Senate had consented to it.
(2) Filling federal vacancies. The president shall have power to fill up all vacancies in federal positions which the president is the designated appointing authority that may happen during the recess of the Senate by granting commissions which shall expire at the end of their next session.
(3) The state of the federation. The president of Africa shall from time to time give to the Congress information on the state of the federation and recommend to their consideration such measures as he or she shall judge necessary and expedient. On extraordinary occasions, the president shall convene both chambers or either of them.
(4) Foreign relations. The president shall receive ambassadors and other public ministers accredited to the United States of Africa by foreign nations.
(5) The president shall take care that the African Constitution and the federal statutes be faithfully executed. He or she shall commission all the officers of the United States of Africa.
Section H - Advisory Bodies
(1) Committees, boards, commissions, councils and similar bodies may be established to furnish to the executive branch of the United States of Africa expert advice, ideas and diverse opinions.
(2) (i) The need for existing advisory bodies shall be adequately reviewed regularly, (ii) advisory bodies shall be established only when they are determined to be essential and their number kept to the minimum necessary, and (ii) advisory bodies shall be terminated without delay upon the expiry of their functions,
(3) (i) Standards and a uniform procedure shall govern the establishment, operation, administration and duration of advisory bodies, and (ii) the Federal Congress of Africa and the African people shall be kept informed with respect to the number, purpose, membership, activities and cost of advisory bodies,
(4) The functions of advisory bodies shall be advisory only and that all matters under their consideration shall be determined in accordance with the law.