South Africa Insight
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
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