GOVERNMENT SYSTEM SOUTH AFRICA YEARBOOK 2010/11 2010/11 GOVERNMENT SYSTEM 11 The Government of South Africa committed government are working together to achieve itself to investing in the preparations needed the outcomes. to ensure that Africa’s first FIFA World CupTM Delivery agreements are collective agree- was a resounding success. Government ments that involve all spheres of government also used this opportunity to speed up the and a range of partners outside government. delivery of services and infrastructure. Combined, these agreements will reflect Various government departments that government’s delivery and implementation made guarantees to FIFA delivered on their plans for its priorities. mandates within the set deadlines. Govern- They serve as a basis for reaching agree- ment is committed to drawing on the suc- ment with multiple agencies that are central cess of the World Cup to take the delivery of to the delivery of the outcome targets. major projects forward. The President regularly visits service- The outcomes approach is embedded delivery sites to monitor progress. The pur- in and a direct resultant of the electoral pose of these site visits is for the President mandate. Five priority areas were identified: to gain first-hand experience of service decent work and sustainable livelihoods; delivery and to highlight issues that need to education; health; rural development; food be worked on by the various arms of gov- security and land reform; and the fight ernment. against crime and corruption. These trans- lated into 12 outcomes to create a better life The Constitution for all: South Africa’s Constitution is one of the • an improved quality of basic education most progressive in the world and enjoys • a long and healthy life for all South Af- high acclaim internationally. Human rights ricans are given clear prominence in the Constitu- • all South Africans should be safe and feel tion. safe The Constitution of the Republic of South • decent employment through inclusive Africa, 1996 was approved by the Constitu- growth tional Court on 4 December 1996 and took • a skilled and capable workforce to support effect on 4 February 1997. an inclusive growth path The Constitution is the supreme law of the • an efficient, competitive and responsive land. No other law or government action can economic infrastructure network supersede the provisions of the Constitu- • vibrant, equitable, sustainable rural com- tion. munities with food security for all • sustainable human settlements and an The Preamble improved quality of household life The Preamble states that the Constitution • a responsive, accountable, effective and aims to: efficient local government system • heal the divisions of the past and establish • environmental assets and natural a society based on democratic values, resources that are well protected and social justice and fundamental human enhanced rights • a better Africa and a better world as a • improve the quality of life of all citizens result of South Africa’s contributions to and free the potential of each person global relations • lay the foundations for a democratic and • an efficient and development-oriented open society in which government is public service and an empowered, fair based on the will of the people, and in and inclusive citizenship. which every citizen is equally protected In September 2010, delivery agreements by law for the 12 outcomes were signed between • build a united and democratic South Africa President Jacob Zuma and Cabinet minis- that is able to take its rightful place as a ters. sovereign state in the family of nations. The Department for Performance Monitor- ing and Evaluation (M&E) in The Presidency Founding provisions will facilitate the process of regular report- As Chapter One of the Constitution ing and monitoring of progress against the stipulates, South Africa is a sovereign and agreed outputs and targets in the delivery democratic state founded on the following agreements. This process will foster an values: understanding of how the various spheres of 2010/11 Government system – SOUTH AFRICA YEARBOOK 2010/11 250 • human dignity, the achievement of equal- The Presidency, February 2011 ity and the advancement of human rights and freedom President Jacob Zuma • non-racialism and non-sexism • supremacy of the Constitution Deputy President Kgalema Motlanthe • universal adult suffrage, a national com- mon voters’ roll, regular elections and a multiparty system of democratic govern- public. Since the establishment of Parlia- ment to ensure accountability, respon- ment in 1994, a number of steps have been siveness and openness. taken to make it more accessible and to motivate and facilitate public parti cipation Fundamental rights in the legislative process. The website The fundamental rights contained in Chap- www.parliament.gov.za encourages com- ter Two of the Constitution seek to protect ment and feedback from the public. the rights and freedom of individuals. The Constitutional Court guards these rights and National Assembly determines whether actions by the State The National Assembly is elected to repre- are in accordance with constitutional provi- sent the people and to ensure democratic sions. governance as required by the Constitution. It does this by electing the President, provid- Government ing a national forum for public consideration Government consists of national, provin- of issues, passing legislation and scrutinis- cial and local spheres, which are distinc- ing and overseeing executive action. tive, interdependent and interrelated. The The National Assembly consists of no powers of the law-makers (legislative fewer than 350 and no more than 400 authorities), government (executive author- members elected through a system of pro- ities) and courts (judicial authorities) are portional representation. separate from one another. The National Assembly, which is elected for a term of five years, is presided over Parliament by the speaker, assisted by the deputy Parliament is the legislative authority of speaker. South Africa and has the power to make laws for the country in accordance with the National Council of Provinces Constitution. The NCOP consists of 54 permanent mem- It consists of the National Assembly and bers and 36 special delegates, and aims to the National Council of Provinces (NCOP). represent provincial interests in the national Parliamentary sittings are open to the sphere of government. Delegations consist of 10 represen tatives from each province. The NCOP must have a mandate from the Seats in the National Assembly, provinces before it can make certain deci- following the election in April 2009 sions. It cannot, however, initiate a Bill concern- African National Congress 264 ing money, which is the prerogative of the Minister of Finance. NCOP Online (www.par- Democratic Alliance 67 liament.gov.za/ncop) links Parliament to the Congress of the People 30 provincial legislatures and local government Inkatha Freedom Party 18 associations. It provides information on draft legislation and allows the public to make Independent Democrats 4 electronic submissions. The NCOP came Freedom Front Plus 4 into existence on 6 February 1997. United Democratic Party 4 African Christian Democratic Party 3 Law-making Any Bill may be introduced in the National United Christian Democratic Party 2 Assembly. A Bill passed by the National African People’s Convention 1 Assembly must be referred to the NCOP for Azanian People’s Liberation Organisation 1 consideration. Minority Front 1 A Bill affecting the provinces may be intro- duced in the NCOP. After it has been passed Pan Africanist Congress 1 by the council, it must be referred to the assembly. 251 SOUTH AFRICA YEARBOOK 2010/11 – Government system A Bill concerning money must be intro- The Department for Performance M&E duced in the assembly and referred to the will, working with other departments, provide NCOP for consideration and approval after the President with performance information being passed. of departments. If the council rejects a Bill or passes it This will include information on perform- subject to amendments, the assembly must ance in relation to the performance agree- reconsider the Bill and pass it again with ments signed with ministers, performance or without amendments. There are special against departmental strategic plans, and conditions for the approval of laws dealing an assessment of the quality of manage- with provinces. ment practices. In addition, the department is working The President with other departments at the centre of The head of state is the President and he/ government, including National Treasury, she leads the Cabinet. The President is and the departments of public service and elected by the National Assembly from administration, of cooperative governance, among its members, and leads the country and of traditional affairs, and the offices of in the interest of national unity, in accord- the premiers, to develop and pilot an institu- ance with the Constitution and the law. tional performance assessment tool, which will be used to objectively assess the quality The Deputy President of management practices in departments The President appoints the Deputy and municipalities. President from among the members of the The tool will be informed by good inter- National Assembly. The Deputy President national practice, and the department will assists the president in executing govern- receive assistance and advice from the ment functions. Canadian, United Kingdom (UK) and Dutch governments