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South Africa Yearbook 2013/2014 Government Systems

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South Africa Yearbook 2013/2014 Government Systems SOUTH AFRICA YEARBOOK 2013/14 South Africa is a constitutional democracy with a three-tier system of government and an Government independent judiciary. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defi ned in Systems the 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 cooperative governance. Government is committed to the building of a free, non-racial, non-sexist, democratic, united and successful South Africa. The Constitution South Africa’s Constitution is one of the most progressive in the world and enjoys high acclaim internationally. Human rights are given clear prominence in the Constitution. The Constitution of the Republic of South Africa of 1996 was approved by the Constitu- tional Court on 4 December 1996 and took effect on 4 February 1997. The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution. The Preamble The Preamble states that the Constitution aims to: • heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights • improve the quality of life of all citizens and free the potential of each person • lay the foundations for a democratic and open society in which government is based on the will of the people, and in which every citizen is equally protected by law • build a united and democratic South Africa that is able to take its rightful place as a sovereign state in the family of nations. Founding provisions South Africa is a sovereign and democratic state founded on the following values: • human dignity, the achievement of equality and the advancement of human rights and freedom • non-racialism and non-sexism • supremacy of the Constitution • universal adult suffrage, a national common voters’ roll, regular elections and a multiparty system of democratic government to ensure accountability, responsiveness and openness. 201 2013GOVERNMENT SYSTEMS_NEW.indd 201 2014/10/29 5:30 PM Fundamental rights The Presidency, July 2014 The fundamental rights contained in Chapter 2 of the Constitution seek to protect the rights and President Jacob Zuma freedom of individuals. Deputy President Cyril Ramaphosa The Constitutional Court guards these rights and determines whether actions by the State are The President may select any number of in accordance with constitutional provisions. ministers from the members of the National Assembly, and may select no more than two Government ministers from outside the assembly. Government is consists of national, provincial The President appoints a member of the and local spheres, which are distinctive, interde- Cabinet to be the leader of government business pendent and interrelated. The powers of the in the National Assembly. law-makers (legislative authorities), government (executive authorities) and courts (judicial National Assembly authorities) are separate from one another. The National Assembly is elected to represent Parliament the people and to ensure democratic governance as required by the Constitution. It does this by Parliament is the legislative authority of South electing the President, providing a national Africa and has the power to make laws for the forum for public consideration of issues, passing country, in accordance with the Constitution. legislation and scrutinising and overseeing It consists of the National Assembly and the executive action. National Council of Provinces (NCOP). Parlia- The National Assembly consists of no fewer mentary sittings are open to the public. than 350 and no more than 400 members elected Since 1994 a number of steps have been through a system of proportional representation. taken to make it more accessible and to motivate The National Assembly, which is elected for and facilitate public parti cipation in the legislative a term of fi ve years, is presided over by the process. speaker, assisted by the deputy speaker. The website www.parliament.gov.za encour- ages comment and feedback from the public. National Council of Provinces Cabinet The NCOP consists of 54 permanent members and 36 special delegates, and aims to represent The Cabinet consists of the President, as provincial interests in the national sphere of head, the Deputy President and ministers. government. The President appoints the Deputy President, Delegations consist of 10 represen tatives from ministers and deputy ministers, assigns their each province. The NCOP must have a mandate powers and functions, and may dismiss them. Structure and functions of the South African Government Legislative authority Executive authority Judicial authority Parliament Cabinet Constitutional Court • National Assembly • President Supreme Court of Appeal (350 – 400 members) • Deputy President High courts • National Council of Provinces • Ministers Magistrates’ courts (90 delegates) Provincial governments Deputy ministers Judicial Service Commission Eastern Cape State institutions supporting democracy Free State • Public Protector Gauteng • Human Rights Commission KwaZulu-Natal • Commission for the Promotion and Protection of the Rights of Cultural, Religious and Limpopo Linguistic Communities Mpumalanga • Commission for Gender Equality Northern Cape • Auditor-General of South Africa North West • Independent Communications Authority of South Africa Western Cape Legislative Authority Executive Authority Provincial Legislature Executive Council • Premier • Members of the Executive Council 202 2013GOVERNMENT SYSTEMS_NEW.indd 202 2014/10/29 5:30 PM SOUTH AFRICA YEARBOOK 2013/14 from the provinces before it can make certain • an effi cient, effective and development- decisions. oriented public service and an empowered, It cannot, however, initiate a Bill concerning fair and inclusive citizenship. money, which is the prerogative of the Minister of Finance. Infrastructure Development Cluster NCOP Online (www.parliament.gov.za/ncop) The departments in this cluster are: links Parliament to the provincial legislatures • Transport (Chair) and local government associations. • Public Enterprises (Deputy Chair) It provides information on draft legislation and • Communications allows the public to make electronic submissions. • Cooperative Governance and Traditional The NCOP came into existence in February Affairs 1997. • Economic Development • Energy Government clusters • Finance Clusters were established to foster an integrated • Human Settlements approach to governance that is aimed at im- • Public Works proving government’s planning, decision-making • The Presidency: National Planning and service delivery. Commission The main objective is to ensure proper coordi- • Water and Environmental Affairs. nation of all government programmes at national and provincial levels. Economic Sectors and Employment Cluster The main functions of clusters are to ensure The departments in this cluster are: alignment of government-wide priorities, facil- • Rural Development and Land Reform (Chair) itate and monitor the implementation of priority • Science and Technology (Deputy Chair) programmes, and provide a consultative plat- • Agriculture, Forestry and Fisheries form on cross-cutting priorities and matters • Communications being taken to Cabinet. • Economic Development The clusters function at different levels, namely • Finance ministerial, directors-general and communi- • Higher Education and Training cation There are seven clusters. • Labour In March 2013, respective cluster ministers • Mineral Resources briefed members of the media on the content of • Public Enterprises the reports and elaborated on the progress made. • Tourism Ministers had entered into delivery agree- • Trade and Industry. ments with President Jacob Zuma, having to give progress reports on their departments’ set Governance and Administration Cluster targets. The departments in this cluster are: The 12 outcomes identifi ed by government • Home Affairs (Chair) include: • Public Service and Administration (Deputy • improved quality of basic education Chair) • a long and healthy life for all South Africans • Cooperative Governance and Traditional • all people in South Africa are and feel safe Affairs • decent employment through inclusive eco- • Justice and Constitutional Development nomic growth • Finance • a skilled and capable workforce to support an • The Presidency: Performance Monitoring, inclusive growth path Evaluation and Administration. • an effi cient, competitive and responsive economic infrastructure network Human Development Cluster • vibrant, equitable and sustainable rural The departments in this cluster are: communities with food security for all • Basic Education (Chair) • sustainable human settlements and improved • Health (Deputy chair) quality of household life • Arts and Culture • a responsive, accountable, effective and • Higher Education and Training effi cient local government system • Labour • environmental assets and natural resources • Science and Technology that are well protected and continually • Sport and Recreation. enhanced • a better South Africa and contributing to a better and safer Africa and world 203 2013GOVERNMENT SYSTEMS_NEW.indd 203 2014/10/29 5:30 PM Cabinet ministers and deputy ministers, as at August 2014 Portfolio Minister Deputy Minister Agriculture, Forestry and Fisheries
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