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SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM The Constitution of the Republic of South Africa, 1996 was the result of re markably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the country’s non- democratic past. It took effect on 4 February 1997. 295 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM The Constitution (legislative authorities), governments (executive The Constitution is the supreme law of the land. No authorities) and courts (judicial authorities) are other law or government action can supersede the separate from one another. provisions of the Constitution. South Africa’s Constitution is one of the most progressive in the Parliament world and enjoys high acclaim internationally. Parliament is the legislative authority of South Africa and has the power to make laws for the country in The Preamble accordance with the Constitution. It consists of the The Constitution’s Preamble states that the National Assembly and the National Council of Constitution aims to: Provinces (NCOP). Parliamentary sittings are open to • heal the divisions of the past and establish a the public. Since the establishment of Parliament in society based on democratic values, social 1994, a number of steps have been taken to make justice and fundamental human rights it more accessible and to motivate and facilitate • improve the quality of life of all citizens and free public participation in the legislative process. the potential of each person The website www.parliament.gov.za encourages • lay the foundations for a democratic and open comment and feedback from the public. society in which government is based on the will of the people, and in which every citizen is National Assembly equally protected by law The National Assembly consists of no fewer than • build a united and democratic South Africa that is 350 and no more than 400 members elected able to take its rightful place as a sovereign state through a system of proportional representation. in the family of nations. The National Assembly, which is elected for a term of five years, is presided over by the Speaker, Founding provisions assisted by the Deputy Speaker. The National According to Chapter One of the Constitution, South Assembly is elected to represent the people and to Africa is a sovereign, democratic state founded on ensure democratic governance as required by the the following values: Constitution. It does this by electing the President, • human dignity, the achievement of equality and providing a national forum for public consideration the advancement of human rights and freedom of issues, passing legislation, and scrutinising and • non-racialism and non-sexism overseeing executive action. • supremacy of the Constitution • universal adult suffrage, a national common National Council of Provinces voters’ roll, regular elections and a multiparty The NCOP consists of 54 permanent members and system of democratic government to ensure 36 special delegates, and aims to represent accountability, responsiveness and openness. provincial interests in the national sphere of government. Delegations consist of 10 represen - Fundamental rights tatives from each province. The NCOP must have a The fundamental rights contained in Chapter Two of mandate from the provinces before it can make the Constitution seek to protect the rights and certain decisions. It cannot, however, initiate a Bill freedom of individuals. The Constitutional Court (CC) concerning money, which is the prerogative of the guards these rights and determines whether actions Minister of Finance. NCOP Online! (www.parliament. by the State are in accordance with constitutional gov.za/ncop) links Parliament to the provincial provisions. legislatures and local-government associations. It provides information on draft legislation and allows Government the public to make electronic submissions. The Government consists of national, provincial and NCOP, which celebrated its 10th anniversary on local spheres, which are distinctive, interdependent 11 April 2007, came into existence on 6 February and interrelated. The powers of the law-makers 1997. 296 Law-making The Deputy President Any Bill may be introduced in the National The President appoints the Deputy President from Assembly. A Bill passed by the National Assembly among the members of the National Assembly. The must be referred to the NCOP for consideration. Deputy President assists the President in executing A Bill affecting the provinces may be introduced government functions. in the NCOP. After it has been passed by the The Deputy President of South Africa is council, it must be referred to the assembly. Ms Phumzile Mlambo-Ngcuka. A Bill concerning money must be introduced in the assembly and referred to the NCOP for Cabinet consideration and approval after being passed. The Cabinet consists of the President, as head of the If the council rejects a Bill or passes it subject to Cabinet, the Deputy President and ministers. The amendments, the assembly must reconsider the President appoints the Deputy President and Bill and pass it again with or without amendments. ministers, assigns their powers and functions and There are special conditions for the approval of may dismiss them. laws dealing with provinces. The President may select any number of ministers from among the members of the National Assembly, The President and may select no more than two ministers from The President is the Head of State and leads the outside the assembly. Cabinet. He or she is elected by the National The President appoints a member of the Cabinet Assembly from among its members, and leads the to be the leader of government business in the country in the interest of national unity, in National Assembly. accordance with the Constitution and the law. The President of South Africa is Mr Thabo Mbeki. Deputy ministers The President appoints deputy ministers from among the members of the National Assembly. Traditional leadership Parliament launched its new logo in Cape Town on 27 March 2007. The new emblem is an important step in creating the Chapter 12 of the Constitution states that the identity of Parliament, representing its values, vision and institution, status and roles of traditional leader - mission. ship, according to customary law, are recognised, The new emblem was the result of a democratic process subject to the Constitution. involving its members, officials and the people of South Africa. The new emblem centres around four key elements: The Chief Directorate: Traditional Leadership and • Our Constitution lays the foundation for a democratic and Institutions in the Department of Provincial and open society based on democratic values, social justice Local Government provides support to traditional and fundamental human rights. It is the supreme law of leaders and institutions, and is responsible for the the country and ensures government by the people under the Constitution. development of policy in this regard. • Our People – A people’s Parliament of freely elected It renders an anthropological service, and representatives that builds on the foundation of a provides advice and support regarding governance democratic and open society. Parliament acts as a voice and development matters. It advises and supports of the people, providing a national forum for the public consideration of issues. the National House of Traditional Leaders and • Our Parliament – The drum calls the National Assembly maintains a database of traditional leaders and and the National Council of Provinces to consider national institutions. and provincial issues, ensuring government by the people It is also responsible for developing and under the Constitution. • Our South Africa – The sun represents the healing of the implementing a regulatory framework for the divisions of the past, improving the quality of life of all protection of the rights of cultural, religious and South Africans, freeing the potential of each person and linguistic communities. building a united and democratic South Africa to take its rightful place as a sovereign state in the family of nations. Traditional councils The stipulations of Chapter 12 of the Constitution and the advent of democracy required the transformation of the composition of traditional councils. Therefore, legislation has transformed the composition of traditional councils to provide for elements of democracy (40% of members must be 297 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM elected) and gender representivity (one third of objectives and functions promote the role of members must be women). traditional leadership within a democratic Legislation has also opened a window of constitutional dispensation, enhance unity and opportunity for municipalities and traditional understanding among traditional communities and councils to achieve co-operative governance. advise national government. Traditional councils have been given a strong voice Provincial houses of traditional leaders were in development matters and may now enter into established in all six provinces that have traditional partnerships and service-delivery agreements with leaders, namely the Eastern Cape, KwaZulu-Natal, government in all spheres. the Free State, Mpumalanga, Limpopo and North West. Houses of traditional leaders The Traditional Leadership and Governance The Constitution mandates the establishment of Framework Act, 2003 (Act 41 of 2003), provides for houses of traditional leaders by means of either the establishment of local houses of traditional provincial
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