Government system

South Africa is a constitutional democracy with a three-tier system of government and an independent judiciary. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the Constitution as “distinctive, interdependent and interrelated”.

Parliament

Parliament is the legislative authority of South Africa and has the power to make laws for the country in accordance with the Constitution.

It consists of the National Assembly (350 – 400 members) and the National Council of Provinces (NCOP) with 90 delegates.

Parliamentary sittings are open to the public. Since the establishment of Parliament in 1994, a number of steps have been taken to make it more accessible and to motivate and facilitate public participation in the legislative process. The website www.parliament.gov.za encourages comment and feedback from the public.

National Assembly

The National Assembly is elected to represent the people and to ensure democratic governance as required by the Constitution. It elects the President, provides a national forum for public consideration of issues, passes legislation and scrutinises and oversees executive action. The National Assembly consists of no fewer than 350 and no more than 400 members elected through a system of proportional representation.

The National Assembly, which is elected for a term of five years, is presided over by the speaker, assisted by the deputy speaker.

National Council of Provinces (NCOP)

The NCOP consists of 54 permanent members and 36 special delegates, and aims to represent provincial interests in the national sphere of government. Delegations consist of 10 representatives from each province. The NCOP must have a mandate from the provinces before it can make certain decisions.

The Presidency

As the executive manager of government, The Presidency is at the apex of South Africa’s government system. It is situated in the Union Buildings in Pretoria, and has a subsidiary office in Tuynhuys, Cape Town.

The President, as the head of state, leads the Cabinet. He or she is elected by the National Assembly from among its members, and leads the country in the interest of national unity, in accordance with the Constitution and the law.

The President appoints the Deputy President from among the members of the National Assembly. The Deputy President assists the president in executing government functions.

Cabinet

The Cabinet consists of the President, as head, the Deputy President and ministers. The President appoints the Deputy President, ministers and deputy ministers, assigns their powers and functions, and may dismiss them.

The President may select any number of ministers from the members of the National Assembly, and may select no more than two ministers from outside the assembly.

The President appoints a member of the Cabinet to be the leader of government business in the National Assembly.

Judicial authority

Courts include the:

  • Constitutional Court
  • Supreme Court of Appeal
  • High courts
  • Magistrate's courts

The Judicial Service Commission appoints judges.

State institutions supporting democracy (Chapter 9 Institutions)

  • Public Protector
  • Human Rights Commission
  • Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
  • Commission for Gender Equality
  • Auditor-General
  • Independent Communications Authority of South Africa

Advisory bodies drawn from South Africa's traditional leaders operate on both national and provincial levels. It is a stated intention in the Constitution that the country be run on a system of cooperative governance.

Provincial government

Each province has its own legislature, consisting of between 30 and 80 members. The number of members is determined according to a formula set out in national legislation. The members are elected in terms of proportional representation.

The executive council of a province consists of a premier and a number of members (MECs). The President appoints the premiers. Decisions are taken by consensus, as is the case in the national Cabinet.

Besides being able to make provincial laws, a provincial legislature may adopt a constitution for its province if two thirds of its members agree. A provincial constitution must correspond with the national Constitution.

Provinces may have legislative and executive powers, concurrent with the national sphere, over a number of areas.

Municipalities

There are 278 municipalities in South Africa, comprising eight metropolitan, 44 district and 226 local municipalities. They are focused on growing local economies and providing infrastructure and service.

Elections

National and provincial elections are held once every five years. All South African citizens over the age of 18 are eligible to vote. All elections and referendums in the country in all three spheres of government are under the control of the Independent Electoral Commission (IEC).

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