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Country Info > South Africa >Visa Info > Travel Basics > Safari Tours > Beaches > National Parks >Arts & Culture > Shopping & Watersport > Govt & Economy

Government System of South Africa

The Constitution
The Constitution of the Republic to South Africa, was approved by the Constitutional Court (CC) 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. South Africa's Constitution is one of the most progressive in the world, and enjoys high acclaim internationally.

The Preamble
The Preamble to Constitution states that the aims of the Constitution are 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 every citizen is equally protected by law
• Build a united and democratic South Africa able to take its rightful place as a sovereign State in the family of nations.

Fundamental rights
Fundamental rights are contained in Chapter Two of the Constitution and seek to protect the rights and freedoms of individuals. The CC guards these rights and determines whether or not actions by the State are in accordance with constitutional provisions.

Government
Government is constituted as national, provincial and local spheres, which are distinctive, interdependent and interrelated. The powers of the law-makers (legislative authorities), governments (executive authorities) and courts (judicial authorities) are separate from one another.

Parliament
Parliament is the legislative authority of South Africa and has the power to make laws for the 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. Since the establishment of Parliament in 1994, a number of steps have been taken to make it more accessible. This has been done to make the institution more accountable, as well as to motivate and facilitate public participation in the legislative process. One of these steps is the website, which encourages comment and feedback from the public.

National Assembly (NA)
The National Assembly consists of no fewer than 350 and no more than 400 members elected through a system of proportional representation. The National Assembly, which is elected for a term of five years, is presided over by a Speaker, assisted by a Deputy Speaker.

The National Assembly is elected to represent the people and to ensure democratic governance as required by the Constitiution. It does this by electing the President, by providing a national forum for public consideration of issues, by passing legislation, and by scrutinising and overseeing executive action.

In the 1999 national election, the African National Congress gained 266 seats in the National Assembly, the Democratic Party 38, the Inkatha Freedom Party 34, the New National Party 28, the United Democratic Movement 14, the African Christian Democratic Party six, the Pan Africanist Congress three, the United Christian Democratic Party three, the Vryheidsfront/Freedom Front three, the Freedom Alliance two, the Afrikaner Eenheidsbeweging one, the Azanian People's Organisation one, and the Minority Front one.

National Council of Provinces (NCOP)
The NCOP consists of 54 permanent members and 36 special delegates, and aims to represent provincial interests in the national sphere of government. Delegations from each province consist of 10 representatives.

The NCOP gets a mandate from the provinces before it can make certain decisions. It cannot, however, initiate a Bill concerning money, which is the prerogative of the Minister of Finance. The NCOP also has a website which links Parliament to the provincial legislatures and local government associations.

Law-Making
Any Bill may be introduced in the National Assembly. A Bill passed by the National Assembly must be referred to the NCOP for consideration. A Bill affecting the provinces may be introduced in the NCOP. After it has been passed by the Council, it must be referred to the Assembly.

A Bill concerning money must be introduced in the National Assembly and must be referred to the NCOP for consideration and approval after being passed. If the Council rejects a Bill or passes it subject to amendments, the Assembly must reconsider the Bill and pass it again with or without amendments. There are special conditions for the approval of laws dealing with provinces. By August 2002, 730 Bills had been passed since 1994.

The President
The President is the Head of State and leads the Cabinet. He or she is elected by the National Assembly from among its members, and leads the country in the interest of national unity, in accordance with the Constitution and the law. The President of South Africa is Mr. Thabl Mbeki.

The Deputy President
The President appoints the Deputy President from among the members of the National Assembly. The Deputy President must assist the President in executing government functions. South Africa's Deputy President is Mr Jacob Zuma.

Cabinet
The Cabinet consists of the President, as head of the Cabinet, the Deputy President and Ministers. The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.

The President may select any number of Ministers from among the members of the National Assembly, and may select no more than two Ministers from outside the Assembly. The President appoints a member of the Cabinet to be the leader of government business in the National Assembly.

Deputy Ministers
The President may appoint Deputy Ministers from among the members of the National Assembly.

Traditional Leadership
According to the Constitution, the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.

The Directorate
Traditional Leadership and Institutions in the Department of Provincial and Local Government provides support to traditional leaders and institutions, and is responsible for the development of policy in this regard. It also renders an anthropological service, and gives advice and support to traditional leadership and institutions with regard to governance and development matters. It advises and supports the National House of Traditional Leaders, and maintains a database on traditional leadership and institutions.

The Directorate is involved in the issue of the constitutional position of Khoisan communities. Following initiatives by the Griqua people, the National Griqua Forum was established. Another milestone was the establishment of the National Khoisan Council in May 1999. The main aim of the Council is to assist government with the investigation of constitutional issues relating to Khoisan communities.

Together with and with the approval of the National Khoisan Council, and in collaboration with communities concerned, a phased research process was adopted to investigate how best to constitutionally promote and protect the rights of Khoisan communities. The research ultimately culminated in a consolidated report from which policy on the Khoisan will be finalised.

The Draft White Paper on Traditional Leadership and Governance released in October 2002, deals with the following issues:

• The identification of a role for traditional leadership as an institution at a local level, on matters affecting local communities.
• The reform of the entire institution, so as to restore the legitimacy it once enjoyed prior to the distortions introduced by the colonial and apartheid regimes.
• The transformation of the institution generally, particularly the restoration of its character as an institution founded on custom, culture and tradition of the people.
• Reform of the institution so that it embraces some of the basic tenets underpinning the Constitution, such as equality and democracy. Section 81 of the Local Government: Municipal Structures was amended during 2000, providing enhanced representation of traditional leaders in municipal councils. They enjoy 20% representation.

Houses of Traditional Leaders
The Constitution mandates the establishment of Houses of Traditional Leaders by means of either provincial or national legislation. Provincial houses of traditional leaders have been established in all six provinces where traditional leaders are found, namely the Eastern Cape, KwaZulu-Natal, the Free State, Mpumalanga, Limpopo (formerly the Northern Province) and the North West.

The National House of Traditional Leaders was established in April 1997. Each provincial House of Traditional Leaders nominated three members to be represented in the National House, which then elected its own office-bearers. The National House advises national government on the role of traditional leaders and on customary law. It may also conduct its own investigations and advise the President on request.

The National House has recently been reconstituted for the second five-year term. Both the Chairperson and the Deputy Chairperson who are full-time members, have been elected for the five-year term and earn a full-time salary.

Provincial Government
In accordance with the Constitution, each of the nine provinces has its own legislature consisting of between 30 and 80 members. The number of members is determined in terms of a formula set out in national legislation. The members are elected in terms of proportional representation. The Executive Council of a province consists of a Premier and a number of members. The Premier is elected by the Provincial Legislature.

Decisions are taken by consensus, as in the national Cabinet. Besides being able to make provincial laws, a provincial legislature may adopt a constitution for its province if two thirds of its members agree. However, a provincial constitution must correspond with the national Constitution as confirmed by the Constitutional Court.

According to the Constitution, provinces may have legislative and executive powers concurrently with the national sphere over, among other things:

• Agriculture
• Casinos, racing, gambling and wagering
• Cultural affairs
• Education at all levels, excluding university and technikon education
• Environment
• Health services
• Housing
• Language policy
• Nature conservation
• Police services
• Provincial public media

These powers can be exercised to the extent that provinces have the administrative capacity to assume effective responsibilities. Provinces also have exclusive competency over a number of areas, which include:

• Abattoirs
• Ambulance services
• Liquor licences
• Museums other than national museums
• Provincial planning
• Provincial cultural matters
• Provincial recreation and activities
• Provincial roads and traffic.

The President's Co-ordinating Council (PCC) is a consultative forum where the President discusses issues of national, provincial and local importance with Premiers. The forum meets quarterly and addresses issues such as:

• Enhancing the role of provincial executives with regard to national policy decisions
• Strengthening the capacity of provincial governments to implement government
  " policies and programmes
• Integrating provincial growth and development strategies within national development plans
• Improving co-operation between national and provincial spheres of government to
  strengthen local government
• Improving co-operation on fiscal issues
• Ensuring that there are co-ordinated programmes of implementation and the necessary structures to address issues such as rural development, urban renewal and safety and security.

SOUTH AFRICAN ECONOMY

Economy - overview:

South Africa is a middle-income, developing country with an abundant supply of resources, well-developed financial, legal, communications, energy, and transport sectors, a stock exchange that ranks among the 10 largest in the world, and a modern infrastructure supporting an efficient distribution of goods to major urban centers throughout the region.

However, growth has not been strong enough to cut into the 30% unemployment, and daunting economic problems remain from the apartheid era, especially the problems of poverty and lack of economic empowerment among the disadvantaged groups. Other problems are crime, corruption, and HIV/AIDS. At the start of 2000, President MBEKI vowed to promote economic growth and foreign investment, and to reduce poverty by relaxing restrictive labor laws, stepping up the pace of privatization, and cutting unneeded governmental spending.