Government of South Africa

South Africa
This article is part of a series on the politics and government of South Africa
Constitution Bill of Rights
Executive President Cyril Ramaphosa Deputy President David Mabuza Cabinet Shadow Cabinet
Legislative National Council of Provinces Chairperson Thandi Modise National Assembly Speaker Baleka Mbete Leader of the Opposition Mmusi Maimane
Judiciary Chief Justice Mogoeng Mogoeng Deputy Chief Justice Ray Zondo Courts Constitutional Court Supreme Court of Appeal President: Mandisa Maya High Court Magistrate's courts Electoral Court
Elections General 1910 1915 1920 1921 1924 1929 1933 1938 1943 1948 1953 1958 1961 1966 1970 1974 1977 1981 1984 1987 1989 1994 1999 2004 2009 2014 2019 Municipal 2000 2006 2011 2016 Referendums 1960 1983 1992 Political parties
Administrative divisions Provinces Districts Metropolitan municipality District municipality Municipalities (list)
Foreign relations Minister of Foreign Affairs Diplomatic missions Passport
Related topics Human rights Taxation Protests Repression Political assassinations
Other countries Atlas

The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority is vested in the President of South Africa who is head of state and head of government, and his Cabinet. The President is elected by the Parliament to serve a fixed term. South Africa's government differs greatly from those of other Commonwealth nations. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the South African Constitution as "distinctive, interdependent and interrelated".

Operating at both national and provincial levels ("spheres") are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of co-operative governance.

The national government is composed of three inter-connected branches:

• Legislative: Parliament, consisting of the National Assembly and the National Council of Provinces
• Executive: The President, who is both Head of State and Head of Government
• Judicial: The Constitutional Court, the Supreme Court of Appeal, and the High Court

All bodies of the South African government are subject to the rule of the Constitution, which is the Supreme law in South Africa.

Legislative

The Houses of Parliament in Cape Town.

The bicameral Parliament of South Africa makes up the legislative branch of the national government. It consists of the National Assembly (the lower house) and the National Council of Provinces (the upper house). The National Assembly consists of 400 members elected by popular vote using a system of party-list proportional representation. Half of the members are elected from parties' provincial lists and the other half from national lists.

Following the implementation of the new constitution on 3 February 1997 the National Council of Provinces replaced the former Senate with essentially no change in membership and party affiliations, although the new institution's responsibilities have been changed; with the body now having special powers to protect regional interests, including the safeguarding of cultural and linguistic traditions among ethnic minorities. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the National Assembly.

The President is elected by the members of the General Assembly. Upon election the President resigns as an MP and appoints a Cabinet of Ministers from among the members. Ministers however retain their parliamentary seats. The President and the Ministers are responsible to the Parliament, of which they must be elected members. General elections are held at least once every five years. The last general election was held on 7 May 2014.^[1]

Executive

The Union Buildings, the seat of the national executive

The President, Deputy President and the Ministers make up the executive branch of the national government. Ministers are Members of Parliament who are appointed by the President to head the various departments of the national government. The president is elected by parliament from its members. The ministers individually, and the Cabinet collectively, are accountable to Parliament for their actions.

Judicial

The third branch of the national government is an independent judiciary. The judicial branch interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. The legal system is based on Roman-Dutch law and English common law and accepts compulsory ICJ jurisdiction, with reservations. The constitution's bill of rights provides for due process including the right to a fair, public trial within a reasonable time of being charged and the right to appeal to a higher court. To achieve this, there are four major tiers of courts:

• Magistrates' Courts – The court where civil cases involving less than R100 000, and cases involving minor crimes, are heard.
• High Courts – The court of appeal for cases from the magistrates courts, as well as the court where major civil and criminal cases are first heard.
• Supreme Court of Appeal – The final court of appeal for matters not pertaining to the constitution.
• Constitutional Court – The final court of appeal for matters related to the constitution

In addition provision is made in the constitution for other courts established by or recognised in terms of an Act of Parliament.

Provincial government

The provincial governments of the nine provinces of South Africa have their own executive and legislative branches, but not separate judicial systems. In each province the legislative branch consists of a provincial legislature, varying in size from 30 to 80 members, which is elected through party-list proportional representation. The legislature elects one of its members as Premier to lead the executive branch, and the Premier appoints between five and ten members of the legislature as an executive council (a cabinet) to lead the various departments of the provincial government.

Local government

Local government in South Africa consists of municipalities of various types. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country^[4] is divided into district municipalities, each of which consists of several local municipalities. After the municipal election of 18 May 2011 there were eight metropolitan municipalities, 44 district municipalities and 226 local municipalities.^[5]

Municipalities are governed by municipal councils which are elected every five years. The councils of metropolitan and local municipalities are elected by a system of mixed-member proportional representation, while the councils of district municipalities are partly elected by proportional representation and partly appointed by the councils of the constituent local municipalities.^[6]

Opposition

In each legislative body, the party or coalition of parties holding a majority of seats forms the government. The largest party not in the government is recognised as the official opposition.

References

External links

• South African Government Online
• Constitution of South Africa