Governance

The Union Buildings in Pretoria

The Constitution of the Republic of South Africa (1996) vests legislative authority in a bi-chamber parliament. The two chambers include the National Assembly and the National Council of Provinces (NCOP). Legislative bills can be passed by a simple majority vote, but any constitutional amendments require a two-thirds majority in the National Assembly, and the support of six out of nine provinces. To further protect the constitution from interference from the parliamentary bodies (and from the ambitions of individual political parties), any change to its foundational tenants/provisions would require the National Assembly to obtain a seventy five percentage endorsement from its members, and support from six out of the nine provinces.

Provincial governance is quasi-federal, and each province has, as its executive leadership, a Premier. National law, however, supersedes provincial law if provincial legislation is found to conflict with national legislation. Provincial leadership is mandated to promote co-operative governance, and initiatives must be developed and carried out in a co-ordinated manner with other spheres of government. Local governance is invested in local municipalities who are mandated to both, meet the basic needs of their communities and promote, in a meaningful way, the social and economic wellbeing and development of their respective communities. The positive outcomes of a well run local government benefit all: not only are those suffering from the harshest aspects of poverty helped, local property valuation can also be seen to increase as areas become more desirable to the market.

The constitution invests national executive authority in the President, who is the head of State. The President has the power to appoint his deputy and cabinet ministers. Under the prevailing constitution, the President is elected from the National Assembly by its sitting members, and must answer to them for his decisions. Should a vote of no-confidence in the President’s administration be passed by the majority of the assembly, the President is required to resign from his office. Such a vote of no-confidence has been passed, and President Thabo Mbeki resigned from office just months before the 2009 general elections. President Kgalema Motlanthe took over Mbeki’s duties until Jacob Zuma was inaugurated as the President of South Africa after the African National Congress won the national elections.

As alluded to, provincial executive authority is invested in the provincial premier, whose responsibility it is to implement provincial legislation, develop provincial policy, and direct provincial departments. Each province has an executive council, comprising of the premier (as its head) and between five and ten additional members.

In keeping the executive, legislative, and judicial powers separate, the constitution invests the courts with judicial authority: the judicial system is therefore independent, and is tasked with remaining impartial in all matters falling under its review. The justice system is to conduct itself “without fear, favour or prejudice”. The latter sentiment can be seen to uphold the founding provisions of the constitution in that all people are adjudged to be equal in the eyes of the judicial system. The courts that make up the judicial system are as follows: the Constitutional Court; the Supreme Court of Appeal; the High Courts; and the Magistrates Courts. The constitution does allow for the creation of additional courts should the need arise. The Constitutional Court is the final authority on all matters relating to the constitution, and has the power to strike down any legislation that it regards as inconsistent with either the Bill of Rights or any of the other provisions of the constitution. The court has one Chief Justice, a Deputy Chief Justice, and nine other judges who hold office for one term only, comprising of a 12 year period. The Supreme Court of Appeal is the highest court in the land in all matters other than questions concerning constitutional legitimacy. The court has a president, deputy president, and judges of appeal who hold their offices until either, the retirement age of sixty five, or until death. The judges of appeal can only be prematurely removed from office if they are found guilty of gross misconduct, incompetence, or incapacity by a two-thirds majority of the National Assembly. The Magistrates Courts are not entitled to either rule on, or enquire into, the constitutionality of a law or executive conduct. The constitution further requires the creation of a National Prosecuting Authority (NPA), a National Director of Public Prosecutions, and nine Provincial Directors of Public Prosecutions.

Chapter nine of the constitution allows for the establishing of institutions intended to promote and strengthen the functioning of South Africa’s constitutional democracy. Known as “Chapter Nine Institutions”, these include: the human rights commission; the commission of gender equality; a commission to protect cultural, religious and linguistic rights; the independent broadcasting authority; public protector; and the electoral commission.