SA YEARBOOK 2009/10 GOVERNMENT SYSTEM GOVERNMENT SYSTEM 11 Following the general election in April 2009, a new The Preamble administration, under the leadership of President The Preamble states that the Constitution aims Jacob Zuma, took over. This saw a number of to: changes being introduced. These included: • heal the divisions of the past and establish a • The Department of Minerals and Energy was society based on democratic values, social split into two separate departments of mineral justice and fundamental human rights resources and of energy, each with a minister. • improve the quality of life of all citizens and • The Department of Education was split into free the potential of each person separate ministries, one for Basic Education • lay the foundations for a democratic and open and the other for Higher Education and Train- society in which government is based on the ing. will of the people, and in which every citizen is • The Department of Housing was renamed the equally protected by law Department of Human Settlements to take on a • build a united and democratic South Africa that more holistic focus. is able to take its rightful place as a sovereign • A new Department of Rural Development and state in the family of nations. Land Affairs was created. • The Department of Water Affairs and Forestry Founding provisions became the Department of Water Affairs. As Chapter One of the Constitution stipulates, • A new Economic Development Department South Africa is a sovereign and democratic state was established to focus on economic policy- founded on the following values: making. The implementation functions, how- • human dignity, the achievement of equality ever, remain with the Department of Trade and and the advancement of human rights and Industry. freedom • A new Department of Tourism was created. • non-racialism and non-sexism • The Department of Agriculture became the • supremacy of the Constitution Department of Agriculture, Forestry and Fisher- • universal adult suffrage, a national common ies. voters’ roll, regular elections and a multiparty • The Department of Local and Provincial Gov- system of democratic government to ensure ernment became the Department of Coopera- accountability, responsiveness and openness. tive Governance and Traditional Affairs. • A new ministry was created for Women, Youth, Fundamental rights Children and People with Disabilities to empha- The fundamental rights contained in Chapter Two sise the need for equity and access to develop- of the Constitution seek to protect the rights and ment opportunities by the vulnerable groups in freedom of individuals. The Constitutional Court South Africa. guards these rights and determines whether Government has committed to host the best Soc- actions by the State are in accordance with con- cer World Cup ever in 2010. The success of the stitutional provisions. Confederations Cup that was held in June 2009 communicated a clear message that South Africa Government and its people, and the people of Africa, are ready Government consists of national, provincial to deliver a world-class 2010 FIFA World CupTM. and local spheres, which are distinctive, inter- dependent and interrelated. The powers of the The Constitution law-makers (legislative authorities), government The Constitution of the Republic of South Africa, (executive authorities) and courts (judicial authori- 1996, was approved by the Constitutional Court ties) are separate from one another. on 4 December 1996 and took effect on 4 Febru- ary 1997. South African President Jacob Zuma was named The Constitution is the supreme law of the land. Best African President at the 2009 Africa Con- No other law or government action can supersede i sciousness Media Leadership Awards. These the provisions of the Constitution. awards honour those who have contributed to the South Africa’s Constitution is one of the most liberation and development of the continent. progressive in the world and enjoys high acclaim internationally. SA YEARBOOK 2009/10 260 Parliament The Presidency, January 2010 Parliament is the legislative authority of South Africa and has the power to make laws for the President Jacob Zuma country in accordance with the Constitution. Deputy President Kgalema Motlanthe It consists of the National Assembly and the National Council of Provinces (NCOP). Parlia- mentary sittings are open to the public. Since the A Bill concerning money must be introduced in establishment of Parliament in 1994, a number of the assembly and referred to the NCOP for con- steps have been taken to make it more acces- sideration and approval after being passed. sible and to motivate and facilitate public parti- If the council rejects a Bill or passes it subject cipation in the legislative process. The website to amendments, the assembly must reconsider www.parliament.gov.za encourages comment and the Bill and pass it again with or without amend- feedback from the public. ments. There are special conditions for the approval of laws dealing with provinces. National Assembly The National Assembly is elected to represent the The President people and to ensure democratic governance as The Head of State is the President and he/she required by the Constitution. It does this by elect- leads the Cabinet. The President is elected by the ing the President, providing a national forum for National Assembly from among its members, and public consideration of issues, passing legislation leads the country in the interest of national unity, and scrutinising and overseeing executive action. in accordance with the Constitution and the law. The National Assembly consists of no fewer than 350 and no more than 400 members elected The Deputy President through a system of proportional representation. The President appoints the Deputy President from The National Assembly, which is elected for a among the members of the National Assembly. term of five years, is presided over by the Speaker, The Deputy President assists the President in assisted by the Deputy Speaker. executing government functions. National Council of Provinces The Presidency The NCOP consists of 54 permanent members There are two ministers in The Presidency: one and 36 special delegates, and aims to represent responsible for the National Planning Commission provincial interests in the national sphere of (NPC) and the other for Monitoring and Evaluation government. Delegations consist of 10 represen- as well as Administration in The Presidency. tatives from each province. The NCOP must have The NPC is responsible for strategic planning a mandate from the provinces before it can make for the country to ensure one national plan to certain decisions. It cannot, however, initiate a which all spheres of government would adhere. Bill concerning money, which is the prerogative The Green Paper on National Strategic Plan- of the Minister of Finance. NCOP Online (www. ning, launched in September 2009, sets out parliament.gov.za/ncop) links Parliament to the the rationale for planning and the institutional provincial legislatures and local government structures, processes and outputs of the national associations. It provides information on draft planning process. legislation and allows the public to make electronic A monitoring and evaluation competency in submissions. The NCOP came into existence on The Presidency was also created to monitor and 6 February 1997. evaluate the performance of government in all three spheres. The policy document on perform- Law-making Any Bill may be introduced in the National Assem- The Presidential Hotline was officially launched bly. A Bill passed by the National Assembly must in October 2009. The hotline enables citizens to i be referred to the NCOP for consideration. escalate their queries and suggestions to the A Bill affecting the provinces may be intro- President’s Office if they don’t get assistance from duced in the NCOP. After it has been passed other call centres. The contact details are: telephone: 17737, by the council, it must be referred to the assem- fax: 086 681 0987 and e-mail: [email protected]. bly. The service is toll-free. 261 SA YEARBOOK 2009/10 By May 2009, female representation in the tion of tribal land, demonstrating government’s National Assembly totalled 45%, putting South i willingness to effect the power and recognition Africa third when it comes to the international of traditional authorities and leadership. Numer- representation of women in Parliament. The country ous pieces of legislation have been passed and is on course to achieve the Southern African Development a variety of programmes implemented to ensure Community target of 50% women in political decision- that traditional leadership makes an important making by 2015. contribution to the development of society. The Chief Directorate: Traditional Leadership ance monitoring and evaluation, Improving Per- and Institutions in the Department of Cooperative formance in Government: Our Approach, launched Governance and Traditional Affairs provides sup- on the same day, outlines government’s approach port to traditional leaders and institutions, and is to improving its performance. Government has responsible for the development of policy in this improved access to services for people who were regard. previously denied. It renders an anthropological service, and pro- This document forms the basis of plans to vides advice and support regarding governance improve the quality of service delivery. and development matters. It advises and supports the National House of Traditional