The Constitution
The Constitution of the Republic of South Africa was signed into law on 10 December 1996.
Principal provisions are: Bill of Rights, proportional representation, status of the
provinces and local government, representation of provinces in the Senate, the Traditional
Leaders Council and Volskaat Council. It also includes institutions such as the Office of
the Public Protector, Human Rights Commission and provides for a multiparty government of
national unity. Fundamental human rights and freedoms
Fundamental human rights are enshrined in the constitution. Freedom of the press comes
under the right to freedom of expression. The constitution also protects the right to
peacefully and without arms assemble, to demonstrate, to picket, and to present petitions.
Freedom of association logically follows from this right and the citizens are free to join
or form a political party of their liking. The right to shelter is clearly expressed with
the state being obliged to take reasonable legislative and other measures, within its
available resources, to achieve the progressive realisation of the right to housing.
The Presidency
The President is the Head of State and head of the National Executive with powers
entrusted by the Constitution and the Legislature and he/she is the Commander- in- Chief
of the armed forces. The President's tenure of office is restricted to two terms. There is
an impeachment clause that gives the National Assembly the right, with a resolution
supported by at least two-thirds, to remove the President from office on the grounds of a
serious violation of the Constitution or the law, serious misconduct, or inability to
perform the functions of office. The President is elected by the National Assembly from
among its members. Working in liaison with a Deputy president, he exercises executive
power.
The Cabinet
The Cabinet consists of the President, as head of the cabinet, a Deputy President and
Ministers. The President appoints the Deputy President from among the members of the
National Assembly and is allowed to appoint up to two Ministers from outside the Assembly.
The President assigns powers and functions to the Cabinet. The Cabinet is collectively and
individually accountable to Parliament for the performance of its functions. There is
provision for provincial Cabinets which are accountable to respective provincial
parliaments. The National Executive has supervisory powers over these to ensure, among
other things, that provinces do not act to the detriment of other provinces or the country
as a whole. Members of the Cabinet and Deputy Ministers may not undertake any other paid
work.
Gender
Twenty four percent of all Members of Parliament are women. South Africa has the second
highest representation of women in Parliament in the region after Mozambique. There are
173 Judges in the country, seven of whom are women and 12 are black. The Speaker of the
National Assembly, Frene Ginwala, and her deputy, Beleka Mbele-Kgositsile, are women. A
quota system exists in the ANC which reserves 30 percent of Parliamentary and 50 percent
Local Government seats for women.
The National Assembly
Parliament consists of the National Assembly and the National Council of Provinces. The
legislative authority of the Republic of South Africa is vested in Parliament, which has
the power to make laws in accordance with the Constitution. The National Council of
Provinces represents the provincial interests by participating in national legislative
process and offering a forum for scrutiny of issues by provinces. The National Assembly is
elected for a term of five years and consists of up to 400 members. Members are elected in
accordance with an electoral system prescribed by national legislation. The National
Assembly is elected by proportional representation, with 200 members elected from national
party lists and 200 from regional party lists. The National Council of Provinces is made
up of a single delegation from each of the nine provinces consisting of ten delegates
each. Constitutional amendments pass with a two-thirds majority.
Results of last legislative election(1996)
The last election was on 27 April , 1994. The results left the following representations:
| African National Congress |
252 |
| National Party |
82 |
| Inkatha Freedom Party |
43 |
| Freedom Front |
9 |
| Democratic Party |
7 |
| Pan Africanist Congress |
5 |
| African Christian Democratic Party |
2 |
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Judiciary
The Supreme Court of Appeal shares the position of highest court in the country with the
Constitutional Court. The Constitutional Court decides on constitutional matters only,
while the Supreme Court of Appeal deals with final appeals on all other matters. It is
composed of the Chief Justice, a Deputy Chief Justice and as many Judges of appeal as the
President may determine from time to time. Civil Society
There are a lot of pressure groups and NGOs operating in South Africa. Among them are:
Institute for Democracy in South Africa (IDASA), the Electoral Institute of South Africa
(EISA), and the Forum of Black Journalists.
Oversight Bodies
The Public Protector took over from the office of the Ombudsman. The office has the power
to investigate any conduct in state affairs, or in the public administration in any sphere
of government, that is alleged or suspected to be improper or to result in any impropriety
or prejudice.
A Human Rights Commission was established on 21 March 1996 to promote respect for human
rights and a culture of human rights, promote the protection, development and attainment
of human rights, and monitor and assess the observance of human rights. The Commission for
Gender Equality promotes the respect for gender equality and the protection, development
and attainment of gender equality.
Population
41.5 million (1995 estimate) UNDP Human Development Report 1998.
Provinces: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, Northern
Cape, Northern Province, North West and Western Cape.
Important UN Instruments (Selected)
- International Covenant on Civil and Political Rights
- International Convention on the Elimination of All Forms of Racial Discrimination
- Convention on the Rights of the Child
- Convention on the Elimination of All Forms of Discrimination against Women(CEDAW)
- Convention against Torture and other Cruel, Inhuman or Degrading Treatment
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