South Africa is a constitutional democracy with a three-tier system of government and an independent judiciary. The the National, Provincial, and Local governments make up the tier system and their powers are all defined in the Constitution of the RSA
Legislation
The National Assembly of South Africa's coat of arms
The legislative authority resides in Parliament. Parliament is split into two houses, resides in Cape Town, and is bound by their constitution and must act within its limits.
The National Assembly
The National Assembly consists of no fewer than 350 and no more than 400 members elected for a five-year term on the basis of a common voters’ roll. It is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Dr Frene Ginwala. The current Deputy Speaker is Ms Baleka Mbete. The number of National Assembly seats awarded to each political party is in proportion to the outcome of the national election, which is held every five years. In South Africa’s second democratic general election in 1999, the African National Congress won 266 seats. They were followed by the Democratic Party with 38 seats, the Inkatha Freedom Party with 34, the New National Party with 28, and the United Democratic Movement with 14. Other smaller parties are also represented.
The National Assembly
The National Assembly consists of no fewer than 350 and no more than 400 members elected for a five-year term on the basis of a common voters’ roll. It is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Dr Frene Ginwala. The current Deputy Speaker is Ms Baleka Mbete. The number of National Assembly seats awarded to each political party is in proportion to the outcome of the national election, which is held every five years. In South Africa’s second democratic general election in 1999, the African National Congress won 266 seats. They were followed by the Democratic Party with 38 seats, the Inkatha Freedom Party with 34, the New National Party with 28, and the United Democratic Movement with 14. Other smaller parties are also represented.
The National Council of Provinces
The National Council of Provinces
The National Council of Provinces (NCOP) is a body created to achieve co-operative governance and participatory democracy. It is through this body that national and provincial interests are aligned in national legislation that affects the provinces. The NCOP consists of 54 permanent members and 36 special delegates, and elects its own chairperson. Each of South Africa’s nine provinces sends 10 representatives to the NCOP - six permanent members, and four special delegates headed by the provincial premier or a member of the provincial legislature designated by the premier. There is a formula to ensure that each province’s delegation includes representation by minority parties. In addition, local (municipal) government representatives may participate in the NCOP but not vote – 10 part-time members represent different categories of municipalities. The South African Local Government Association joined the NCOP in February 1998.
Policy-Making
Legislation may be introduced in the National Assembly only by Cabinet members, Deputy Ministers, or a member of a National Assembly committee. Any Bill may be introduced in the National Assembly. In the NCOP, legislation may be introduced only by a member or committee, and it must fall within certain constitutionally defined areas. Bills passed in the National Assembly must be referred to the NCOP for consideration. The NCOP may pass, propose amendments to or reject a Bill. The National Assembly must reconsider a Bill in cases of amendments or rejections, and pass it again with or without amendments. This process is simple with regard to Bills affecting national functions such as defence, foreign affairs and justice, when each NCOP delegate has one vote. However, when the NCOP considers a Bill that affects the provinces – on functions such as security, welfare, education and health – each province has one vote. This is to ensure that provinces first reach consensus individually on the Bill. Such Bills may be introduced in either the National Assembly or the NCOP. Bills first passed by the NCOP must be referred to the National Assembly, and a mediation committee exists to resolve any disagreements between the two houses. It consists of nine members elected from and by the National Assembly, and nine – one representing each province – from the NCOP. Ultimately, the National Assembly may override the NCOP by a two-thirds majority. Bills amending the Constitution require a two-thirds majority in the National Assembly as well as a supporting vote of six of the nine provinces represented in the NCOP. However, preceding that is the requirement that a Bill amending Section 1 of the Constitution, which sets out the state’s founding values, requires a 75% majority in the National Assembly. Serious violation of the Constitution is one of the grounds on which the President may be removed from office, also on a two-thirds majority.
Legislation may be introduced in the National Assembly only by Cabinet members, Deputy Ministers, or a member of a National Assembly committee. Any Bill may be introduced in the National Assembly. In the NCOP, legislation may be introduced only by a member or committee, and it must fall within certain constitutionally defined areas. Bills passed in the National Assembly must be referred to the NCOP for consideration. The NCOP may pass, propose amendments to or reject a Bill. The National Assembly must reconsider a Bill in cases of amendments or rejections, and pass it again with or without amendments. This process is simple with regard to Bills affecting national functions such as defence, foreign affairs and justice, when each NCOP delegate has one vote. However, when the NCOP considers a Bill that affects the provinces – on functions such as security, welfare, education and health – each province has one vote. This is to ensure that provinces first reach consensus individually on the Bill. Such Bills may be introduced in either the National Assembly or the NCOP. Bills first passed by the NCOP must be referred to the National Assembly, and a mediation committee exists to resolve any disagreements between the two houses. It consists of nine members elected from and by the National Assembly, and nine – one representing each province – from the NCOP. Ultimately, the National Assembly may override the NCOP by a two-thirds majority. Bills amending the Constitution require a two-thirds majority in the National Assembly as well as a supporting vote of six of the nine provinces represented in the NCOP. However, preceding that is the requirement that a Bill amending Section 1 of the Constitution, which sets out the state’s founding values, requires a 75% majority in the National Assembly. Serious violation of the Constitution is one of the grounds on which the President may be removed from office, also on a two-thirds majority.
The Executive
The executive branch of South Africa is located in Pretoria, in the Guateng Province
Current President Jacob Zuma
The President, elected by the National Assembly from among its members, is the executive Head of State and leads the Cabinet. The President may not serve more than two five-year terms in office. The Cabinet consists of the President, the Deputy President and 25 Ministers. The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them. All but two Ministers must be selected from among the members of the National Assembly. The members of Cabinet are accountable individually and collectively to Parliament. Deputy Ministers are also appointed by the President from among the members of the National Assembly.
Jacob Zuma
The leader of the ANC, Jacob Zuma, was officially chosen as the country's president by the newly-elected parliament in May 2009. Born to a Zulu family in 1942, Mr Zuma has spent his entire adult life since 1959 in the service of the ANC. He joined its armed wing Umkhonto we Sizwe in 1962 and was arrested the following year. He spent ten years in prison for conspiracy to overthrow the apartheid-era government. After his release he left South Africa and was a leading figure in the ANC abroad until he returned home in 1990 to take part in the talks that brought apartheid to an end. Zuma was prominent in promoting the ANC among Zulus who had voted for the Inkatha Freedom Party in the first free elections in 1994, and was consistently elected to senior ANC posts. In 1999, he became the deputy president of South Africa under President Thabo Mbeki. Zuma's standing in the country fell rapidly after he was named in a corruption case related to a controversial arms deal, and President Mbeki dismissed him from the deputy presidency in 2005. Prosecutors then brought corruption charges against him, and shortly afterwards he was charged with rape. He was acquitted of the rape charge the following year, and his support on the populist left of the party ensured that he was able to defeat President Mbeki in elections for the ANC leadership in December 2007.
Jacob Zuma
The leader of the ANC, Jacob Zuma, was officially chosen as the country's president by the newly-elected parliament in May 2009. Born to a Zulu family in 1942, Mr Zuma has spent his entire adult life since 1959 in the service of the ANC. He joined its armed wing Umkhonto we Sizwe in 1962 and was arrested the following year. He spent ten years in prison for conspiracy to overthrow the apartheid-era government. After his release he left South Africa and was a leading figure in the ANC abroad until he returned home in 1990 to take part in the talks that brought apartheid to an end. Zuma was prominent in promoting the ANC among Zulus who had voted for the Inkatha Freedom Party in the first free elections in 1994, and was consistently elected to senior ANC posts. In 1999, he became the deputy president of South Africa under President Thabo Mbeki. Zuma's standing in the country fell rapidly after he was named in a corruption case related to a controversial arms deal, and President Mbeki dismissed him from the deputy presidency in 2005. Prosecutors then brought corruption charges against him, and shortly afterwards he was charged with rape. He was acquitted of the rape charge the following year, and his support on the populist left of the party ensured that he was able to defeat President Mbeki in elections for the ANC leadership in December 2007.
The Judiciary
Bloemfontein is the judicial capital of South Africa
The Supreme Court of South Africa
South Africa has an independent judiciary, subject only to the Constitution and the law. It comprises the Constitutional Court, Supreme Court of Appeal, High Courts, Magistrates Courts, and other courts established or recognised in terms of an Act of Parliament. The Constitutional Court, Supreme Court of Appeal and High Courts have the power to protect and regulate their own processes, and to develop the common law. Judges in the various courts are appointed by the President in consultation with the Judicial Service Commission, the leaders of parties represented in National Assembly, and, where relevant, the President of the Constitutional Court. The Judicial Service Commission includes the Chief Justice, the President of the Constitutional Court and the Minister of Justice. It is a widely representative body – among its other members are two practising advocates, two practising attorneys, six members from the National Assembly (including three from opposition parties) and four from the National Council of Provinces.