GovernmentGovernment system systems YEARBOOK 2011/12 Government system 11 The Government of South Africa is committed to The Constitution building a free, non-racial, non-sexist, democratic, South Africa’s Constitution is one of the most united and successful South Africa. progressive in the world and enjoys high acclaim The outcomes approach, which started in 2010, internationally. Human rights are given clear is embedded in and a direct result of the electoral prominence in the Constitution. mandate. Five priority areas have been identified: The Constitution of the Republic of South decent work and sustainable livelihoods, educa- Africa, 1996 was approved by the Constitutional tion, health, rural development, food security and Court on 4 December 1996 and took effect on land reform and the fight against crime and cor- 4 February 1997. ruption. These have been translated into the fol- The Constitution is the supreme law of the land. lowing 12 outcomes to create a better life for all: No other law or government action can supersede • better quality basic education the provisions of the Constitution. • a long and healthy life for all South Af- ricans The Preamble • all South Africans should be safe and feel safe The Preamble states that the Constitution aims • decent employment through inclusive growth to: • a skilled and capable workforce to support an • heal the divisions of the past and establish a inclusive growth path society based on democratic values, social Government systems• an efficient, competitive and responsive eco- justice and fundamental human rights nomic infrastructure network • improve the quality of life of all citizens and free • vibrant, equitable and sustainable rural com- the potential of each person munities with food security for all • lay the foundations for a democratic and open • sustainable human settlements and an im- society in which government is based on the proved quality of household life will of the people, and in which every citizen is • a responsive, accountable, effective and effi- equally protected by law cient local government system • build a united and democratic South Africa that • environmental assets and natural resources is able to take its rightful place as a sovereign that are well protected and enhanced state in the family of nations. • a better Africa and a better world as a result of South Africa’s contribution to global relations Founding provisions • an efficient and development-oriented public As Chapter One of the Constitution stipulates, service and an empowered, fair and inclusive South Africa is a sovereign and democratic state citizenship. founded on the following values: President Jacob Zuma signed performance agree- • human dignity, the achievement of equality and ments with all ministers, based on the outcomes the advancement of human rights and freedom and targets. After consultation at all government • non-racialism and non-sexism levels, service-delivery agreements describing • supremacy of the Constitution the outputs, activities and inputs required to • universal adult suffrage, a national common achieve the 12 outcomes were signed in Novem- voters’ roll, regular elections and a multiparty ber 2010. system of democratic government to ensure The service-delivery agreements have resulted accountability, responsiveness and openness. in a higher level of understanding of the chal- lenges faced by the different departments. Fundamental rights The service-delivery agreements and plans for The fundamental rights contained in Chapter Two realising them are available on the Government of the Constitution seek to protect the rights and and Presidency websites. freedom of individuals. The Constitutional Court The outcomes are reviewed by Cabinet and are guards these rights and determines whether open to public scrutiny, as part of government’s actions by the State are in accordance with con- commitment to the people of South Africa to be stitutional provisions. transparent and accountable for service delivery. South Africa Yearbook 2011/12 – Government system 250 Government The Presidency, June 2012 Government consists of national, provincial and local spheres, which are distinctive, interdepend- President Jacob Zuma ent and interrelated. The powers of the law-mak- Deputy President Kgalema Motlanthe ers (legislative authorities), government (exec- utive authorities) and courts (judicial authorities) are separate from one another. Law-making Parliament Any Bill may be introduced in the National Assem- Parliament is the legislative authority of South bly. A Bill passed by the National Assembly must Africa and has the power to make laws for the be referred to the NCOP for consideration. country in accordance with the Constitution. A Bill affecting the provinces may be introduced It consists of the National Assembly and the in the NCOP. After the council passes it, it must be National Council of Provinces (NCOP). Parlia- referred to the assembly. 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 access- sideration and approval after being passed. ible and to motivate and facilitate public parti- If the council rejects a Bill or passes it subject to cipation in the legislative process. The website amendments, the assembly must reconsider the www.parliament.gov.za encourages comment Bill and pass it again with or without amendments. and feedback from the public. 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 The National Assembly, which is elected for a from among the members of the National Assem- term of five years, is presided over by the speaker, bly. 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: and 36 special delegates, and aims to represent Mr Trevor Manuel, who is responsible for the provincial interests in the national sphere of National Planning Commission (NPC), and government. Delegations consist of 10 repres- Mr Collins Chabane, responsible for Performance en tatives from each province. The NCOP must Monitoring and Evaluation as well as Administra- have a mandate from the provinces before it can tion in The Presidency. make certain decisions. The NPC is responsible for strategic planning It cannot, however, initiate a Bill concerning for the country to ensure one national plan to money, which is the prerogative of the Minister which all spheres of government must adhere. of Finance. NCOP Online (www.parliament. The 26 commission members were inaugurated gov.za/ncop) links Parliament to the provincial on 11 May 2010. legislatures and local government associations. In June 2011, Minister Manuel released the It provides information on draft legislation and NPC’s Diagnostic Document and Draft Vision allows the public to make electronic submissions. Statement for 2030, as a basis of national dia- The NCOP came into existence in February 1997. logue among all South Africans. 251 South Africa Yearbook 2011/12 – Government system The public engagement process ended in The proposed development plan, subject to public September 2011. The diagnostic report recog- comment, seeks to eliminate poverty and reduce nised the progress made in the transition from inequality by 2030. an apartheid state to a democratic one. Despite Achievements of the Department of Perform- these successes, the report concluded that more ance Monitoring and Evaluation as well as Admin- meaningful and rapid progress was needed to istration included the following: reduce poverty and achieve equality, and identi- • developing a position paper to guide govern- fied nine challenges: ment in implementing the outcomes approach • too few South Africans are employed • developing an implementation guide to trans- • the quality of education for most black people late the Green Paper on National Strategic remains poor Planning into action • poorly located, inadequate and badly main- • signing performance agreements between the tained infrastructure President and ministers • spatial challenges continue to marginalise the • finalising delivery agreements on achieving the poor outcomes between key stakeholders • South Africa’s growth path is highly resource- • establishing the terms of outcomes-implemen- intensive and hence unsustainable tation forums, which are largely cluster and • the ailing public health system confronts a ministerial meetings with provincial MECs to massive disease burden monitor progress and submit quarterly reports • the