12/Government!! 12/12/2003 11:18 am Page 340 12/Government!! 12/12/2003 11:18 am Page 341 chapter 12 Government system The Constitution • build a united and democratic South Africa able to take its rightful place as a sovereign The Constitution of the Republic of South State in the family of nations. Africa, 1996 (Act 108 of 1996), was approved by the Constitutional Court (CC) on 4 Dec- Fundamental rights ember 1996 and took effect on 4 February Fundamental rights are contained in Chapter 1997. Two of the Constitution and seek to protect The Constitution is the supreme law of the the rights and freedom of individuals. The CC land. No other law or government action can guards these rights and determines whether supersede the provisions of the Constitution. or not actions by the State are in accordance South Africa’s Constitution is one of the with constitutional provisions. most progressive in the world and enjoys high acclaim internationally. Government The Preamble Government is constituted as national, The Preamble to the Constitution states that provincial and local spheres, which are dis- the aims of the Constitution are to: tinctive, interdependent and interrelated. The • heal the divisions of the past and establish powers of the law makers (legislative author- a society based on democratic values, ities), governments (executive authorities) social justice and fundamental human and courts (judicial authorities) are separate rights from one another. • improve the quality of life of all citizens and free the potential of each person Parliament • lay the foundations for a democratic and open society in which government is based Parliament is the legislative authority of South on the will of the people and every citizen Africa and has the power to make laws for the is equally protected by law country in accordance with the Constitution. It consists of the National Assembly and the National Council of Provinces (NCOP). Parliamentary sittings are open to the public. President Thabo Mbeki and the Speaker of Parliament, Dr Frene Ginwala, during the Since the establishment of Parliament in Opening of Parliament in February 2003. The 1994, a number of steps have been taken annual opening of Parliament sees the to make it more accessible. This has been President delivering the State of the Nation Address in which government’s programmes done to make the institution more account- of action are outlined. able, as well as to motivate and facilitate pub- 341 12/Government!! 12/12/2003 11:18 am Page 342 South Africa Yearbook 2003/04 lic participation in the legislative process. One In the 1999 national election, the African of these steps has been the creation of a web- National Congress gained 266 seats in the site (www.parliament.gov.za), which encourages National Assembly, the Democratic Party comment and feedback from the public. 38, the Inkatha Freedom Party 34, the New In 2002/03, 85 Bills were introduced and 69 National Party 28, the United Democratic Acts were produced. A total of 4 202 questions Movement 14, the African Christian Demo- and 2 321 motions were processed. Some cratic Party six, the Pan Africanist Congress 21 806 people visited Parliament in 2002/03. three, the United Christian Democratic Party three, the Vryheidsfront/Freedom Front three, National Assembly the Freedom Alliance two, the Afrikaner The National Assembly consists of no fewer Eenheidsbeweging one, the Azanian People’s than 350 and no more than 400 members Organisation one, and the Minority Front one. elected through a system of proportional From 21 March 2003, for a period of two representation. The National Assembly, which is weeks, members of the National Assembly elected for a term of five years, is presided over and provincial legislatures were allowed to by a Speaker, assisted by a Deputy Speaker. defect to other political parties without losing The National Assembly is elected to repre- their seats in both houses, in accordance sent the people and to ensure democratic with the Constitution of the Republic of governance as required by the Constitution. It South Africa Amendment Act, 2003 (Act 2 of does this by electing the President, providing a 2003). national forum for public consideration of The Act provides for three ‘window’ periods. issues, passing legislation and scrutinising and The first one was a transitional arrangement overseeing executive action. consisting of a 15-day period starting on 21 March 2003. The second and third periods will be for 15 days each, from 1 to 15 Septem- ber in the second and fourth years following the From 29 to 31 August 2003, President Thabo date of a national and provincial election. Mbeki visited the Western Cape as part of Imbizo, The Act also allowed members of the two the Government’s programme of interactive governance. houses to retain their seats despite a change Imbizo is aimed at promoting participatory in membership from the party that nominated democracy and partnership with communities them to the Assembly or Legislature. for reconstruction and development. The Premier of the Western Cape, Mr Marthinus It also allows for such retention in the event van Schalkwyk, and other senior provincial of a merger, subdivision, or a merger of a sub- government officials accompanied the President, divided party with another party. who also assessed the progress made by the Coalition Government of the Western Cape in The retention of membership will apply if delivering services to the people of the province. the change of party membership, merger, sub- President Mbeki visited, among other projects, division and a merger of a subdivided party the crime-prevention command centre in with another party takes place within specified Goodwood, a land-reform project in Koekedouw, the People’s Housing Process in Khayelitsha, the periods – the so-called ‘window’ periods. After Mitchell’s Plain Community Health Centre and the last window period ended at midnight on the Mitchell’s Plain Retail Park. 4 April 2003, the ANC had gained a two-thirds He also held meetings with representa- tives from Western Cape business, trade-union majority. It now has 275 of the 400 seats in the movements, churches, and non-governmental National Assembly. and community-based organisations. The Imbizo followed a series of similar provincial visits to Limpopo, Eastern Cape, Free National Council of Provinces State, Gauteng and North West. The NCOP consists of 54 permanent mem- 342 12/Government!! 12/12/2003 11:18 am Page 343 Government system bers and 36 special delegates and aims to Law-making represent provincial interests in the national sphere of government. Delegations from each Any Bill may be introduced in the National province consist of 10 representatives. Assembly. A Bill passed by the National The NCOP gets a mandate from the Assembly must be referred to the NCOP for provinces before it can make certain deci- consideration. A Bill affecting the provinces sions. It cannot, however, initiate a Bill con- may be introduced in the NCOP. After it has cerning money, which is the prerogative of the been passed by the Council, it must be Minister of Finance. referred to the Assembly. The NCOP also has a website, NCOP Online! A Bill concerning money must be intro- (www.parliament.gov.za/ncop), which links duced in the Assembly and must be referred Parliament to the provincial legislatures and to the NCOP for consideration and approval local government associations. after being passed. If the Council rejects a NCOP Online! provides information on draft Bill or passes it subject to amendments, the legislation and allows the public to make elec- Assembly must reconsider the Bill and pass it tronic submissions. again with or without amendments. There are special conditions for the approval of laws dealing with provinces. Thabo Mbeki was born on 18 June 1942 in The President Idutywa, Queenstown, in the Eastern Cape. He joined the African National Congress (ANC) Youth League at the age of 14 and in 1961 was elected The President is the Head of State and leads Secretary of the African Students’ Association. He the Cabinet. He or she is elected by the was involved in underground activities after the National Assembly from among its members, banning of the ANC in 1960, until he left South Africa in 1962. He continued his studies in the and leads the country in the interest of nation- United Kingdom (UK) and obtained his MA al unity, in accordance with the Constitution (Economics) at the University of Sussex. While in and the law. the UK, he mobilised the international student The President of South Africa is Mr Thabo community against apartheid and worked at the London office of the ANC for several years. He Mbeki. also underwent military training in what was then the Soviet Union. From 1973, he worked in The Deputy President Botswana, Swaziland, Nigeria and Lusaka and became a member of the ANC’s National Executive Committee in 1975. Between 1984 and The President appoints the Deputy President 1989, he was Director of the ANC’s Department of from among the members of the National Information. He led the organisation’s dele- Assembly. The Deputy President must assist gations, which met groups from inside South the President in executing government func- Africa in Dakar, Senegal and elsewhere. In 1989, he headed the delegation that held talks with the tions. South Africa’s Deputy President is apartheid Government, which led to agreements Mr Jacob Zuma. on the unbanning of political organisations and the release of political prisoners. He also Cabinet participated in negotiations preceding the adoption of South Africa’s Interim Constitution in 1993. Following the first democratic election in The Cabinet consists of the President, as head 1994, Mr Mbeki was appointed Executive Deputy of the Cabinet, the Deputy President and President.