Government of South Africa
Encyclopedia
The Republic of South Africa is a constitutional democracy with a three-tier system of government and an independent judiciary
, operating in a nearly unique system that combines aspects of parliamentary
and presidential
systems. Legislative authority is held by the Parliament of South Africa
. Executive authority is vested in the President of South Africa
who is head of state and head of government, and his or her Cabinet. The president is elected from the Parliament to serve a fixed term. South Africa's government differs greatly from those of other Commonwealth
nations. The national, provincial and local levels of government all have legislative
and executive authority in their own spheres, and are defined in the South African Constitution
as "distinctive, interdependent and interrelated".
Operating at both national and provincial levels are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of co-operative governance.
The government is undertaken by three inter-connected branches of government:
All bodies of the South African government are subject to the rule of the Constitution, which is the supreme law in South Africa.
consists of the National Assembly
, the lower house
, and the National Council of Provinces
, the upper house
. The National Assembly consists of 400 members elected by popular vote using a system of party-list proportional representation
. Half of the members are elected from parties' provincial lists and the other half from national lists.
Following the implementation of the new constitution on 3 February 1997 the National Council of Provinces
replaced the former Senate
with essentially no change in membership and party affiliations, although the new institution's responsibilities have been changed; with the body now having special powers to protect regional interests, including the safeguarding of cultural and linguistic traditions among ethnic minorities. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the National Assembly.
Under the prevailing Westminster system
, the leader of the political party or coalition of parties that wins a majority of the seats in the National Assembly is named President
. The President and the Ministers are responsible to the Parliament, of which they must be elected members. General elections are held at least once every five years. The last general election
was held on 22 April 2009.
, Deputy President
and the Ministers
make up the executive branch of the South African state. Ministers are Members of Parliament who hold a ministerial warrant to perform certain functions of government.
, and some ministers have a deputy minister to whom they delegate some responsibility. The portfolios, incumbent ministers and deputies, and departments are shown in the following table.
jurisdiction, with reservations. The constitution's bill of rights provides for due process including the right to a fair
, public trial
within a reasonable time of being charged and the right to appeal to a higher court. To achieve this, there are four major tiers of courts:
In addition provision is made in the constitution for other courts established by or recognised in terms of an Act of Parliament.
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, operating in a nearly unique system that combines aspects of parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
and presidential
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
systems. Legislative authority is held by the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
. Executive authority is vested in the President of South Africa
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
who is head of state and head of government, and his or her Cabinet. The president is elected from the Parliament to serve a fixed term. South Africa's government differs greatly from those of other Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
nations. The national, provincial and local levels of government all have legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
and executive authority in their own spheres, and are defined in the South African Constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
as "distinctive, interdependent and interrelated".
Operating at both national and provincial levels are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of co-operative governance.
The government is undertaken by three inter-connected branches of government:
- Legislature: The National AssemblyNational Assembly of South AfricaThe National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...
and the National Council of ProvincesNational Council of ProvincesThe National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997... - Executive: The PresidentPresident of South AfricaThe President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
, who is both Head of StateHead of StateA head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and Head of GovernmentHead of governmentHead of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc... - Judiciary: The Constitutional CourtConstitutional Court of South AfricaThe Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
, the Supreme Court of AppealSupreme Court of Appeal of South AfricaThe Supreme Court of Appeal is an appellate court in South Africa; it is the highest appeal court except in constitutional matters, which are ultimately decided by the Constitutional Court...
, and the High CourtHigh Court of South AfricaThe High Courts are superior courts of law in South Africa. The courts were created in 1996 on the adoption of the Constitution of South Africa, and inherited the jurisdiction of the provincial and local divisions of the former Supreme Court of South Africa...
All bodies of the South African government are subject to the rule of the Constitution, which is the supreme law in South Africa.
Legislature
The bicameral Parliament of South AfricaParliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
consists of the National Assembly
National Assembly of South Africa
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...
, the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
, and the National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...
, the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
. The National Assembly consists of 400 members elected by popular vote using a system of party-list proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
. Half of the members are elected from parties' provincial lists and the other half from national lists.
Following the implementation of the new constitution on 3 February 1997 the National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...
replaced the former Senate
Senate of South Africa
The Senate was the upper house of the Parliament of South Africa between 1910 and its abolition from 1 January 1981, and between 1994 and 1997.-1910-1981:...
with essentially no change in membership and party affiliations, although the new institution's responsibilities have been changed; with the body now having special powers to protect regional interests, including the safeguarding of cultural and linguistic traditions among ethnic minorities. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the National Assembly.
Under the prevailing Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
, the leader of the political party or coalition of parties that wins a majority of the seats in the National Assembly is named President
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
. The President and the Ministers are responsible to the Parliament, of which they must be elected members. General elections are held at least once every five years. The last general election
South African general election, 2009
South Africa held national and provincial elections to elect a new National Assembly as well as the provincial legislature in each province on 22 April 2009....
was held on 22 April 2009.
National executive
The PresidentPresident of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
, Deputy President
Deputy President of South Africa
The Deputy President of South Africa is the acting President of South Africa when the President is outside the country's borders, unable to fulfill the duties of the office, or when the Presidency is vacant. The Deputy President is also a member of the National Assembly and the Cabinet...
and the Ministers
Ministers of the South African Government
The Cabinet of South Africa is the most senior level of the executive branch of the Government of South Africa. It is made up of the President, the Deputy President, the Ministers, and the Deputy Ministers.-Members of the Current Cabinet:...
make up the executive branch of the South African state. Ministers are Members of Parliament who hold a ministerial warrant to perform certain functions of government.
Ministries
Each minister is responsible for one or more departmentsMinistry (government department)
A ministry is a specialised organisation responsible for a sector of government public administration, sometimes led by a minister or a senior public servant, that can have responsibility for one or more departments, agencies, bureaus, commissions or other smaller executive, advisory, managerial or...
, and some ministers have a deputy minister to whom they delegate some responsibility. The portfolios, incumbent ministers and deputies, and departments are shown in the following table.
Judiciary
The third arm of the central government is an independent judiciary. The Judiciary interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. The legal system is based on Roman-Dutch law and English common law and accepts compulsory ICJInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
jurisdiction, with reservations. The constitution's bill of rights provides for due process including the right to a fair
Fair Trial
Fair Trial was a British Thoroughbred racehorse and Champion sire. He was bred and raced by John Arthur Dewar who also bred and raced Tudor Minstrel....
, public trial
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
within a reasonable time of being charged and the right to appeal to a higher court. To achieve this, there are four major tiers of courts:
- Magistrates CourtsMagistrates Courts of South AfricaMagistrates' Courts in South Africa are the lower courts and the courts of first instance and decide all matters as provided for by an act of parliament. As such, they deal with the great majority of court cases. The presiding officer in these courts is called a magistrate...
– The court where civil cases involving less than R100 000, and cases involving minor crimes, are heard. - High CourtsHigh Court of South AfricaThe High Courts are superior courts of law in South Africa. The courts were created in 1996 on the adoption of the Constitution of South Africa, and inherited the jurisdiction of the provincial and local divisions of the former Supreme Court of South Africa...
– The court of appeal for cases from the magistrates courts, as well as the court where major civil and criminal cases are first heard. - Supreme CourtSupreme Court of Appeal of South AfricaThe Supreme Court of Appeal is an appellate court in South Africa; it is the highest appeal court except in constitutional matters, which are ultimately decided by the Constitutional Court...
– The final court of appeal for matters not pertaining to the constitution. - Constitutional CourtConstitutional Court of South AfricaThe Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
– The final court of appeal for matters related to the constitution
In addition provision is made in the constitution for other courts established by or recognised in terms of an Act of Parliament.