The division of powers is an important democratic foundation in our Constitution. That is, the state’s power is split among three distinct but interrelated components or arms, notably the executive (Cabinet), the legislature (Parliament), and the judiciary (Courts of law).
HOW THE STATE IS FORMED AND RUNS
The division of powers is an important democratic foundation in our Constitution. That is, the state’s power is split among three distinct but interrelated components or arms, notably the executive (Cabinet), the legislature (Parliament), and the judiciary (Courts of law).
The President is both the head of state and the national executive. He exercises executive authority alongside other Cabinet members, especially the Deputy President and Ministers. The executive creates policy, for example, by drafting and submitting legislation to Parliament for approval. It then puts that policy into action by running the country’s administration through several government ministries. The executive must account to Parliament for its actions and policies.
The legislative (Parliament): The national legislature or Parliament consists of two Houses, the National Assembly and the National Council of Provinces, whose members are elected by the South African people. According to the Constitution, each House has specific functions and powers. The National Assembly is in charge of electing the President, adopting laws, ensuring that members of the executive do their jobs correctly, and providing a place for people’s representatives to debate topics openly. The National Council of Provinces is also involved in the legislative process and serves as a venue for debate on provincial matters. Its primary goal is to ensure that provincial concerns are represented in the national realm of governance. Local government members may also engage in debates in the National Council of Provinces in some instances.
The Judiciary: Courts such as the Constitutional Court, the Supreme Court of Appeal, High Courts, Magistrates’ Courts, and other courts formed or recognized by an Act of Parliament comprise the judiciary. The Chief Justice of South Africa is also the Chief Justice of the Constitutional Court. The courts are required by the Constitution to be independent and unbiased. To guarantee the courts’ independence, impartiality, dignity, accessibility, and effectiveness, state organs such as Parliament and the administration must aid and protect them.
INSTITUTIONS SUPPORTING AND PROTECTING CONSTITUTIONAL DEMOCRACY
A key component of our Constitution is the establishment of many independent bodies to promote and defend our democracy. Informally, these bodies are known as “Chapter 9 Institutions,” because the most important of them are mentioned in Chapter 9 of the Constitution. The Human Rights Commission, the Commission for Gender Equality, the Auditor General, the Public Protector, and the Electoral Commission are among these. Although the National Assembly may not interfere with these institutions’ independence, they are accountable to the Assembly and must report to it at least once a year on their activities and fulfillment of their tasks.
What does South Africa’s executive branch do?
It puts in place administrative structures and processes to ensure that the Cabinet and its committees run smoothly. It also makes it easier to oversee the Cabinet’s and its committees’ decision-making procedures.
In South Africa, what does the legislative branch do?
Parliament is South Africa’s legislative authority, with the jurisdiction to establish laws for the country in conformity with the Constitution. It is made up of two parts: the National Assembly (NA) and the National Council of Provinces (NCOP). Parliamentary sessions are open to the general public.
What is the role of the judicial branch?
The judicial branch decides whether federal laws are constitutional and settles other legal problems. However, judges rely on the executive department of our government to enforce court decisions. Courts determine what actually occurred and what action should be taken.
