Union of South Africa
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The executive government is administered by the Governor-General, appointed by the Queen and acting on the advice of the Executive Council. While in theory the Governor-General has vast powers, in practice he performs mainly ceremonial functions. The Governor-General wears the traditional Windsor uniform (composed of a blue military jacket and plumed hat) and is referred to as "Your Excellency. The current Governor-General, The Honourable Festus Mogae was appointed on May 31, 2003. | The executive government is administered by the Governor-General, appointed by the Queen and acting on the advice of the Executive Council. While in theory the Governor-General has vast powers, in practice he performs mainly ceremonial functions. The Governor-General wears the traditional Windsor uniform (composed of a blue military jacket and plumed hat) and is referred to as "Your Excellency. The current Governor-General, The Honourable Festus Mogae was appointed on May 31, 2003. | ||
- | The Governor-General has power to dissolve the Senate or the House of Assembly, or both simultaneously; to appoint Ministers and deputies to Ministers; to confer honors; to appoint and accredit, and to receive and recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to appoint the times for the holding of sessions of Parliament and prorogue Parliament; to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures; to enter into and ratify international conventions, treaties, and agreements; to proclaim and terminate martial law; to declare war and make peace; and to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred or assigned to him by law. The Governor-General also has power to assent or withhold assent to bills passed by Parliament. | + | The Governor-General has power to dissolve the Senate or the House of Assembly, or both simultaneously; to appoint Ministers and deputies to Ministers; to confer honors; to appoint and accredit, and to receive and recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to appoint the times for the holding of sessions of Parliament and prorogue Parliament; to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures; to enter into and ratify international conventions, treaties, and agreements; to proclaim and terminate martial law; to declare war and make peace; and to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred or assigned to him by law. The Governor-General also has power to assent or withhold assent to bills passed by Parliament; finally, he also enjoys several reserve powers, just like the Governors-General of other Commonwealth Realms. |
The command-in-chief of the South African Defence Force is vested in the Governor-General (as the Queen's representative), but in practice this role is ceremonial, with actual authority in the hands of the Defence Minister and the Chief of the SADF. | The command-in-chief of the South African Defence Force is vested in the Governor-General (as the Queen's representative), but in practice this role is ceremonial, with actual authority in the hands of the Defence Minister and the Chief of the SADF. |
Revision as of 18:03, 28 January 2009
Contents |
Politics
South Africa is a unitary, constitutional, democratic republic that uses the Westminster system. Suffrage is universal at age 21.
Executive
The Governor-General
South Africa is a hereditary constitutional monarchy in which the monarch is the sovereign. The present monarch is Elizabeth II – officially styled Queen of South Africa – who has reigned since February 6, 1952. She is represented for ceremonial purposes in South Africa by the Governor-General, in accordance with the South African constitution. The South African monarch, besides reigning in South Africa, separately serves as monarch for each of the other Commonwealth countries known as Commonwealth Realms. This developed from the former colonial relationship of these countries to Britain, but they are now independent and the monarchy of each is legally distinct.
The executive government is administered by the Governor-General, appointed by the Queen and acting on the advice of the Executive Council. While in theory the Governor-General has vast powers, in practice he performs mainly ceremonial functions. The Governor-General wears the traditional Windsor uniform (composed of a blue military jacket and plumed hat) and is referred to as "Your Excellency. The current Governor-General, The Honourable Festus Mogae was appointed on May 31, 2003.
The Governor-General has power to dissolve the Senate or the House of Assembly, or both simultaneously; to appoint Ministers and deputies to Ministers; to confer honors; to appoint and accredit, and to receive and recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to appoint the times for the holding of sessions of Parliament and prorogue Parliament; to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures; to enter into and ratify international conventions, treaties, and agreements; to proclaim and terminate martial law; to declare war and make peace; and to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred or assigned to him by law. The Governor-General also has power to assent or withhold assent to bills passed by Parliament; finally, he also enjoys several reserve powers, just like the Governors-General of other Commonwealth Realms.
The command-in-chief of the South African Defence Force is vested in the Governor-General (as the Queen's representative), but in practice this role is ceremonial, with actual authority in the hands of the Defence Minister and the Chief of the SADF.
The Executive Council
The Executive Council is composed of the Ministers and deputies to Ministers who advise the Governor-General; they are appointed by him, and serve during his pleasure. The Prime Minister is the de facto head of government and wielder of executive powers. While it is within his discretion to appoint the individual of his choice to be Prime Minister, in practice the Governor-General appoints whomever is most likely to maintain the confidence of Parliament (usually the leader of the largest political party or coalition of parties in Parliament). The other Ministers are then appointed by the Governor-General on the recommendation of the Prime Minister.
The powers of the Governor-General – to grant assent to legislation, to dissolve and prorogue Parliament, to call elections, and to make appointments – are exercised on the advice of the Prime Minister.
Parliament
The bicameral Parliament serves as the legislative branch of the South African government. It is comprised of two houses: the House of Assembly (the lower house) and the Senate (the upper house).
According to the Constitution, the Parliament has "full power to make laws for the peace, order and good government of the Republic."
General elections occur whenever Parliament is dissolved by the Governor-General. The timing of the dissolution is normally chosen by the Governor-General (on the advice of the Prime Minister); however, a parliamentary term may not last for more than five years, unless a bill extending the life of Parliament passes both Houses and receives the assent of the Governor-General.
The Constitution of South Africa requires that the Parliament hold at least one session each year, "so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session."
Once a bill passes both houses, it is sent to the Governor-General for his assent, and he either signs the bill into law or returns it to the house in which it originated, and recommends amendments to the bill.
The Parliament convenes in Cape Town, the legislative capital of South Africa.
House of Assembly
The House of Assembly is a democratically elected body, consisting of 743 members, who are directly elected in electoral divisions apportioned among the provinces; members hold their seats until the House of Assembly is dissolved (a maximum of five years between elections).
Once elected, members normally continue to serve until the next dissolution of the House of Assembly. If a member, however, dies, resigns, or ceases to be qualified, his or her seat falls vacant. It is also possible for the House of Assembly to expel a member, but this power is exercised only in cases of serious misconduct or criminal activity. In each case, a vacancy may be filled by a by-election in the appropriate constituency, with the same electoral system as in general elections.
The presence of at least thirty members of the House is necessary to constitute a meeting of the House for the exercise of its powers.
The House of Assembly is presided over by a Speaker, chosen by the House from among its own members. Prior to or during the absence of the Speaker, the House may choose a member to serve as Deputy-Speaker and perform the Speaker's duties in his absence.
All questions in the House of Assembly are determined by a majority of votes of members present other than the Speaker or the presiding member, who may, however, exercise a casting vote in the event of a tie.
Bills appropriating revenue or moneys or imposing taxation may originate only in the House of Assembly.
To qualify for membership in the House of Assembly, one must meet the following qualifications:
- He must be qualified to be registered as a voter for the election of members of the House of Assembly in one of the provinces.
- He must have resided for five years within the limits of the Union.
- He must be a citizen of South Africa.
Senate
Unlike the House of Assembly, which is directly elected, most of the Senate is indirectly elected by an electoral college consisting of members of each of the eleven Provincial Councils and members of the House of Assembly; eight Senators are elected for each province. The remaining Senators are appointed by the Governor-General, who nominates two from each province (for a total of 22). The Senate consists of 110 members, and is presided over by the President of the Senate (currently M.J. Mahlangu, of the African National Congress), chosen by the Senate from among its own members. Prior to or during the absence of the President of the Senate, the Senate may choose a senator to serve as Deputy-President and perform the President of the Senate's duties in his absence. The President of the Senate may be removed by a vote of the Senate.
All questions in the Senate are determined by a majority of votes of members present other than the President of the Senate or the presiding member, who may, however, exercise a casting vote in the event of a tie.
The Senate may introduce bills, except for those appropriating revenue or moneys or imposing taxation; furthermore, the Senate may not amend any bills so far as they impose taxation or appropriate revenue or moneys for the services of the government.
The presence of at least fifteen members of the Senate is necessary to constitute a meeting of the Senate for the exercise of its powers.
To qualify for membership in the Senate, one must meet the following qualifications:
- He must be 30 years of age or older.
- He must be qualified to be registered as a voter for the election of members of the House of Assembly in one of the provinces.
- He must have resided for five years within the limits of the Union.
- He must be a citizen of South Africa.
Parliament seats by party
Party name | Party leader | House of Assembly | Senate |
---|---|---|---|
African National Congress | Morgan Tsvangirai | 273 | 59 |
Democratic Party | Ian Khama | 128 | 46 |
South African Party | Christiaan Willem Smuts | 110 | 3 |
National Party | Marthinus van Schalkwyk | 70 | 1 |
Communist Party of South Africa | Blade Nzimande | 52 | 1 |
Shaka Party | Mangosuthu Buthelezi | 38 | 0 |
African Christian Democratic Party | Kenneth Meshoe | 26 | 0 |
Minority Front | Amichand Rajbansi | 14 | 0 |
Azanian People's Organisation | Mosibudi Mangena | 10 | 0 |
Green Party | Judy Sole | 6 | 0 |
Economic Freedom Movement | Josh Latimer | 6 | 0 |
Workers International Vanguard League | Shaheed Mahomed | 5 | 0 |
Purified National Party | Ferdinand Hartzenberg | 2 | 0 |
Independent (no party affiliation) | not applicable | 3 | 0 |
Supreme Court
The judicial system is headed by the Supreme Court, the decisions and interpretations of which are considered an important source of the law. The Supreme Court comprises an Appellate Division and eleven provincial divisions. Each provincial division encompasses a judge president, three local divisions presided over by judges, and magisterial divisions presided over by magistrates.
The Appellate Division of the Supreme Court is the highest court in the country and is seated in Bloemfontein, the country's judicial capital. The Appellate Division is composed of the chief justice and the judges of appeal, whose number varies, as determined by the Governor-General. Supreme Court members can be removed only on grounds of misbehavior or incapacity. The Appellate Division's decisions are binding on all lower courts, as are the decisions — within their areas of jurisdiction — of the provincial and the local divisions. Lower courts, which are presided over by civil service magistrates, have limited jurisdiction in civil and criminal cases.
Provinces
South Africa is divided into eleven provinces, which are listed as follows:
Province | Capital |
---|---|
Botswana | Gaborone |
Cape Province | Cape Town |
Lesotho | Maseru |
Malawi | Lilongwe |
Namibia | Windhoek |
Natal | Pietermaritzburg |
Orange Free State | Bloemfontein |
Swaziland | Mbabane |
Transvaal | Pretoria |
Zambia | Lusaka |
Zimbabwe | Harare |
Administrators
Each province is headed by a chief executive, appointed by the Governor-General, known as an administrator. All executive acts relating to provincial affairs are done in his name. An administrator serves a five year term, and his salary is fixed and provided by Parliament and cannot be reduced during his term in office. An administrator cannot be removed from office before his term expires, except by the Governor-General for cause assigned which shall be communicated by message to the Senate and to the House of Assembly within one week after the removal, if Parliament is in session, or, if Parliament is not in session, within one week after the commencement of the next ensuing session. If the administrator is absent, ill, or otherwise unable to fulfill his duties, the Governor-General may appoint a deputy-administrator to perform the duties of the administrator's office. A deputy-administrator may also be appointed while the appointment of an administrator for the province concerned is pending.
Provincial councils
The legislatures of the provinces are known as provincial councils. Each provincial council consists of the same number of members as are elected in that province for the House of Assembly. However, if the province's representatives in the House of Assembly are less than twenty-five in number, the province's provincial council consists of twenty-five members. Members are elected by persons qualified to vote for the election of members of the House of Assembly in the province, voting in the same electoral divisions delimited for the election of members of the House of Assembly. The tenure of provincial councillors is five years.
Provincial councils may make ordinances in relation to matters coming within the following class of subjects, namely:
- Direct taxation within the province in order to raise revenue for provincial purposes;
- The borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by Parliament;
- Education, other than higher education;
- Agriculture to the extent and subject to the conditions defined by Parliament;
- The establishment, maintenance, and management of hospitals and charitable institutions;
- Municipal institutions, divisional councils, and other local institutions of a similar nature;
- Local works and undertakings within the province, other than railways and harbors, and other than such works as extend beyond the borders of that province and subject to the power of Parliament to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;
- Roads, outspans, ponts, and bridges, other than bridges connecting two provinces;
- Markets and pounds;
- Fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940;
- The imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province;
- Generally all matters which, in the opinion of the Governor-General, are of a merely local or private nature in the province;
- All other subjects in respect of which Parliament may by law delegate the power of making ordinances to the provincial council
Traditional government
In practice, traditional rulers (kings, chiefs) are allowed to autonomously govern their respective nations (tribes) relatively independently of the national government through a system of "self rule," provided that their law only applies to members of the tribe and does not conflict with national law. Most "nations" exercise limited executive, judicial, and legislative powers dealing with local, personal, and tribal affairs, from divorce to property disputes. Most are governed by pre-colonial tradition and customary law and are usually highly de-centralized and directly democratic. Notable traditional rulers at present include King Goodwill Zwelithini kaBhekuzulu of the Zulu; King Mswati III of the Swazi; and King Letsie III of the Sotho. Traditional rulers are deeply revered and respected members of their communities, and their public statements carry great moral weight among their people.
Other communities are recognized as well, including the Afrikaner-only town of Orania, which enjoys a relatively high level of autonomy. The ideal of the Orania community is to grow over time into a greater Volkstaat and secede from South Africa.
Political parties
South Africa is a vibrant multiparty liberal democracy with literally hundreds of political parties of every ideology. Both local, provincial, and national political parties exist; other parties are mainly tribal based (although, it should be noted that virtually every party has more appeal to certain groups than to others), though this is becoming less common. Even parties which once limited membership to a certain group (or at the very least, made it extremely difficult or impossible for people outside the group to join the party) now attract a broad demographic. For example, the once Afrikaner-exclusive National Party now enjoys support from many Afrikaans-speaking Coloureds and Asians. At the other extreme, there are parties like the Purified National Party (an offshoot of the National Party) that continue to accept only certain people (in this case, Afrikaners) and shun all others, but these are usually fringe parties that have only minimal support, even among the groups they court.
Due to the ever-changing number of parties, and the impossibility of naming them all (some have literally only a handful of members; others frequently change their name, ideology, or both; etc.), only parties which hold seats in Parliament will be described below:
to be added