N4 Public Administration Lecturer Guide

Public Administration N4
Lecturer Guide
Hazel Willson-Kirsten
Ockie Grundling
N4 Public Administration Lecturer Guide
© Future Managers 2016
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ii
Contents
Contents
Module1: Introduction to Public Administration........................................................................................................... 1
Module 2: The Development of the Family, Community and State............................................................. 7
Module 3: Principles and Guidelines for a Democratic Society...................................................................... 15
Module 4: Citizenship and the Right to Vote.................................................................................................................... 23
Module 5: The Hierarchy of Authorities................................................................................................................................ 29
Module 6: Legislative Authority...................................................................................................................................................... 37
Module 7: Executive Authority of the Three Levels of Government.......................................................... 61
Module 8: Judicial Authority.............................................................................................................................................................. 71
Module 9: Executive Public Institutions................................................................................................................................. 79
Module 10: Generic and Management Functions............................................................................................................ 85
Module 11: Budgetary Control........................................................................................................................................................... 89
Module 12: South African Symbols................................................................................................................................................ 99
Bibliography......................................................................................................................................................................................................... 103
iii
iv
Module 1
Introduction to Public Administration
After studying this unit, you should be able to:
• Define the environment of Public Administration and Administration as well as
the administrative processes logically.
• Define the unique character of the environment in correlation to the
governmental institutions and activities thereof. It is therefore required from
the student to classify public activities, processes and functions in such a
manner that the functions, activities and processes become clear.
• Define the difference between Public Administration and Administration with
help of applicable examples.
• Explain the origin of public responsibility, as well as the public responsibility
of officials, towards the employer and the public.
• Distinguish the relevant role players and the background of their involvement
in the political process.
Activity 1 Page 10
1. Discuss the advantages and disadvantages of the Cabinet Secretariat.
Background information
See http://www.thepresidency.gov.za
“The unit is responsible for providing effective Secretariat support and, in conjunction
with PCAS, facilitates the processing of reports to the Cabinet on the implementation of the
Government’s Programme of Action. The unit’s core responsibilities include ensuring logistic
arrangements and administrative support for the Cabinet and the Committee meetings as well
as the drafting and distribution of relevant documentation.”
PCAS = Policy Co-ordination and Advisory Services
Advantages Disadvantages
1. Prepares agenda with explanatory memoranda 1. Confidentiality can be threatened because of the
nature of confidential information
2. Writes the minutes
3. Follows up decisions
2. State five characteristics of the state.

1. Internationally recognised demarcated geographical area.
2. A permanent population.
3. Independent – not part of another sovereign political entity.
4. Right to self-determination. State has its own public institutions that maintain law and
order and also to render public services to the population.
5. The state has its own independent government.
3. Explain the distinctive characteristics of public administration by referring to the

differences between public administration and administration in the private sector.
Private enterprises Public enterprises

• Involved in manufacturing and trading of • Provision of essential services
products and services
• Owned by individuals or companies • Managed by government
• Activities are collectively (together) called • Activities are collectively called public
business economics/management administration
• Purpose is to make profits • Reason for existence is to promote general
welfare in society
2
Module 1 • Introduction to Public Administration
Source: Newsletter of the Institute of Public Governance & Management.
www.esade.edu
Differences between the public and the private sectors

The results of the review are presented in two different analysis units: the organisation and
the individuals within the organisation. Similarly, when looking at the individuals within the
organisation, we differentiate between managers and employees.
On the organisational level:

One of the main characteristics of the public sector is the large number of formal processes
that appear to be essential to ensure that it functions. Furthermore, not only do these processes
display more degrees of formalisation, they also involve more red tape. Red tape can be defined
as the “rules, regulations and procedures that remain in force and entail a compliance burden
for the organisation but have no efficacy for the rules’ functional object” (Bozeman, 1993).
According to Kurland and Egan (1999), public organisations have higher levels of red tape,
because authority is divided among three main branches: executive, legislative and judicial.
In order to prevent the abuse of power and to ensure the transparency of organisations “that
belong to everyone”, the degree of formalisation of the public sector far exceeds that of the
private sector. And none of the studies analysed shows any downward trend in these differences
(Baldwin, 1990; Bretschneider, 1990; Rainey & Bozeman, 2000, and Feeney & Bozeman,
2009).
The second major subject analysed in many of the studies in our sample is the specificity of the
objectives of the organisations in both sectors. What perception do the managers have of the
objectives that they have to meet? Although the results have sometimes differed, Boyne (2002)
concludes that public organisations have more ambiguous objectives and, therefore, as Lan and
Rainey (1992) point out, it is more difficult to calculate to what extent they are met.
On the managerial level:

One important factor that differentiates the managers of public organisations from those of
private organisations is the decision-making process. For example, Schwenk (1990) analyses
the way in which managers in each sector interpret the appearance of conflict over a strategic
decision. The author suggests that the managers of private organisations see conflict as a
negative sign, because it indicates that some members of the organisation do not believe that
the results of the strategic action are positive.
On the other hand, for managers in the public sector, conflict in a strategic decision has a
positive component, since it shows that different stakeholders are participating in the process,
thereby ensuring that the final decision will represent their interests, or at least take them
into account. Along these lines, the experiments carried out by Nutt (2006) show that public
sector managers value consultative practices far more highly when making decisions related to
budgets. Private sector managers, on the other hand, prefer to use analytical practices.
The explanation for this may lie in the managers’ social mission within their respective
organisations. The ultimate goal of a public manager is to maximise the collective value. The
manager of a private organisation, on the other hand, prefers to adopt the theory of rational
choice, in order to maximise the company’s shareholders’ wishes (Mort, Weerawardena &
Carnegie, 2003).
3
On the employees’ level:

Many studies have focused on the differences between employees in the public and private
sectors. In general terms, public sector employees place higher a value on carrying out tasks
that are of use to society compared with their counterparts in the private sector. On the other
hand, private sector employees place higher a value on the economic rewards they receive (de
Graaf & van der Wal, 2008).
De Graaf and van der Wal’s results illustrate the notion of the public sector ethos, a concept
that tries to define the characteristics that make public sector employees unique. Aldridge and
Stoker (2002) describe it in the following way: a) a performance culture: a strong commitment
to serve for individuals and the community; b) a commitment to accountability: a great
emphasis on open access to information; c) a capacity to support universal access: recognition
of the special responsibility to support the rights of all service users in an environment; d)
responsible employment practices; and finally, e) a contribution to community well-being.
Conclusion
The main advantage of having an understanding of the differences between the public and
private sectors is that it can facilitate the transfer of management practices from one sector to
another. In the approach preferred by new public management, the public sector appears to
be adopting practices that are often attributed to the private sector in order to achieve greater
efficiency. Nevertheless, this affirmation should consider an approach that can be adopted by
both sectors and thus reduce the differences between them. However, in this review of the
literature, no rapprochement was found between the two sectors. Does this mean that private
sector management practices have not really been implemented by public organisations? We
do not think so, and believe that the true reason is the way the studies, which analyse the
differences between the two sectors, have been designed. The great majority of the studies
analysed are based on data extracted from questionnaires, many of which come from Anglo-
Saxon countries. These are not accurate enough to allow us to determine how organisations
have evolved or indeed whether they have done so. Therefore, we consider that there is a
need for other designs, such as in-depth interviews and experimental designs, to enable the
evolution of the differences between the two sectors to be studied and, even more importantly,
in order for the practical implications to be identified and understood.
4. Name five role players in the decision-making process of a country.

Any five:
• Population/citizens/residents/individuals
• Interest and pressure groups
• Legislative institutions
• Executive institutions, including the Cabinet Secretariat
• Commissions of enquiry
• International institutions
• Political office-bearers and public servants
• Media
• Other states
5. Briefly describe public responsibility.

• Public responsibility and public accountability go hand in hand.
• Both political executive office-holders and public officials have a responsibility to be
committed to work towards achieving the objectives set in government institutions and
to ensure that the money given by the public, in the form of tax, is well cared for and
well spent.
4
Module 1 • Introduction to Public Administration
6. Identify the different generic administrative processes.

• Generic administrative and managerial activities apply to all three levels of government.
• Staff working in this category of government institutions are either managers or lower-
level employees.
7. Explain the generic administrative and managerial activities at all three levels of
government.
Groupings of administrative processes for these two groups of employees can be illustrated
as follows:
Lower level employees Managerial employees

Policy-making and analysis: e.g. preparing Policy-making and analysis: e.g. setting goals,
documents and reports, etc. planning of sections, etc.
Organising: e.g. deciding on best method of work, Organising: e.g. setting deadlines, communicating
etc. information, etc.
Staffing: e.g. recording leave of staff members, etc. Staffing: e.g. motivating, training, disciplining staff,
etc.
Financing: e.g. preparing income and expenditure Financing: e.g. doing cost-benefit analysis, auditing,
statements, reporting on money matters, etc. etc.
Work methods and procedures: e.g. improving on Work methods and procedures: e.g. checks and
quality of service, etc. improving methods and procedures, etc.
Controlling: e.g. reporting on work done, Controlling: e.g. checking quality and quantity of
correcting mistakes, etc. work, feedback, etc.
5
6
Module 2
The Development of the Family,
Community and State
• Give reasons why family ties can be seen as the starting point of the
governmental dispensation.
• Briefly explain the origin of community from the conjuction of families.
• Briefly outline the course of the development of the state and name at least
five characteristics of a state.
Activity 2 Page 16
1. The family is the starting point of public administration. Explain this statement.
• The family is a person’s primary socialising institution for interaction and
communication with others.
• It is the starting point of orientation and approaches towards beliefs, values, problem-
solving, management of differences, custom, cultural orientation, language orientation,
food provisioning and human security.
• Children adopt the dominant attitude and behaviour towards their community from
their parents.
• Father and mother are the starting point of a child’s communication system. In families,
children learn family interests and goals, and approaches to resolve conflict (or not) –
either peacefully and with joint respect, or aggressively and with violence, based upon
disrespect. These influence their approach to solve differences and conflict in the broader
society. When active listening to develop understanding is part of the family value
system, the child adopts that as his/her approach when interacting with other people in
society with whom he/she differs.
• This communication and interaction process develops the interpersonal skills as the
child grows.
• Children also come into contact with other groups – educational, religious, economic,
etc.
• Children that learn neighbours are to be loved and respected and learn that groups are
more important than the individual.This is also known as the welfare state, where he/she
learns to take care of old people, and those in need of help for whatever reason.
• The system of protection works as he/she will see how he/she is protected and who has
to be protected from whom and what.
Background information:
Important perspectives documented in the White Paper on Familie
(Directly from: White Paper on Families in South Africa, October 2012.

Pretoria: Department of Social Development, Republic of South Africa).
“Along with the economy, polity and education, the family is universally viewed as one of
the essential sectors without which no society can function (Ziehl, 2003). As the setting for
demographic reproduction, the seat of the first integration of individuals into social life,
and the source of emotional, material and instrumental support for its members (Belsey,
2005), the family influences the way society is structured, organised, and functions. It is
essentially through the family that each generation is replaced by the next; that children are
born, socialised and cared for until they attain their independence; and that each generation
fulfils its care responsibilities to minors, older persons, and the sick (Waite, 2000). Although
dysfunctional families – in which conflict, misbehaviour, neglect, or abuse occur continually
or regularly – have the ability to foster and legitimise oppression of certain family members,
especially women and children, an established body of research evidence from different parts
of the world has shown that stable and supportive families are associated with several positive
outcomes. These include higher levels of self-esteem; lower levels of antisocial behaviour such
as crime, violence and substance abuse; higher levels of work productivity; lower levels of
stress; and more self-efficacy to deal with socio-economic hardships (Amoateng, 2004). To this
8
Module 2 • The Development of the Family, Community and State
end, stable families demonstrate high levels of social capital and resilience, and contribute to
smooth functioning of society and, hence, to social cohesion (Ziehl, 2003). As the Centre for
Social Justice in the United Kingdom succinctly summarises it:
'Stable, healthy families are at the heart of strong societies. It is within the family environment
that an individual’s physical, emotional and psychological development occurs. It is from
our family that we learn unconditional love, we understand right from wrong, and we gain
empathy, respect and self-regulation. These qualities enable us to engage positively at school,
at work and in society in general. The absence of a stable, nurturing family environment
has a profoundly damaging impact on the individual, often leading to behaviour which is
profoundly damaging to society (Centre for Social Justice, 2010:6).
There is also a strong link and interplay between the family and other institutions in society.
For example, the structure of a country’s economy will not only influence the extent to which
members of a family are able to enter and participate in the labour market but it will also
determine, to a large extent, whether family members are able to derive livelihoods from
decent work opportunities, earn a living wage and have benefits which enable them to have
acceptable standards of living. The way an economy is structured will also have a bearing
on the ability of family members to access quality health care and education. For example,
a significant body of research evidence has shown that through family health promotion –
defined as the process undertaken by the family to sustain or enhance the emotional, social,
and physical well-being of the family group and its members (Ford-Gilboe, 2000) – family
support is effective in promoting adherence to medical regimes, uptake of positive lifestyle
changes, and providing comfort and support for sick family members (National Institute of
Health, 1992; Ford-Gilboe, 2000).
With regard to education, “we could begin by saying that the family is indispensable for
education. We could also say the family is the most important source of education” (Hardon,
1998:1). In essence, when parents and other familial caregivers are involved in children’s
education in meaningful ways, there is a positive influence on academic performance; students
whose families are actively involved are more likely to achieve higher grades, to have better
school attendance, to be better motivated, and are less likely to be cited for disciplinary action
(Ferhman, et al 1987; Desforges & Abouchaar, 2003). In a different vein, parents and other
adult family members generally exert considerable influence as teachers and role models
for children through skill building, limit setting or discipline, and as models of healthy and
competent behaviour (Perrino et al, 2000).
Overall, the family, through its instrumental and affective roles has the potential to enhance
the socio-economic well-being of individuals and society at large. Instrumental roles are
concerned with the provision of physical resources such as food, clothing and shelter while
affective roles promote emotional support and encouragement of family members (Peterson,
2009). The table below shows how these roles fulfil important functions for their members
and for society, such as family formation and membership; economic support; nurturance and
socialisation; and protection of vulnerable members.”
9
Family function Ways each function benefits

Individual family members Society
Membership & • Provides a sense of belonging • Controls reproductive function
family formation • Provides personal and social identity • Assures continuation of the species
• Provides meaning and direction in life
Economic • Provides for basic needs of food, • Contributes to healthy development
support shelter, and clothing and other of members who contribute to
resources to enhance human society (and who need fewer public
development resources)
Nurturance, • Provides for the physical, • Prepares and socialises children for
support and psychological, social and spiritual productive adult roles
socialisation development of children and adults • Supports adults in being productive
• Instils social values and norms members of society
• Controls antisocial behaviour and
protects society from harm
Protection • Provides care and support for young, • Minimises public responsibility
of vulnerable ill, disabled or otherwise vulnerable for care of vulnerable, dependent
members members individuals
Source: Adapted from Patterson, J.M. (2002). Understanding family resilience, Journal of Clinical
Psychology, Vol. 58 (3): 233-246.
"Despite the foregoing basic functions of the family, it is noteworthy that family structures and
functions as well as intra-family roles and relationships are in a constant state of flux (Belsey,
2005). This is due to two basic factors: 1. long-term historical shifts in technology, modalities
of production, population migration, the population structure and urbanisation; and 2. the
short- and medium-term consequences of natural and man-made disasters and conflicts, and
of economic and social disruption and opportunities (Belsey, 2005: 16).
Nonetheless, the core functions of the family can, at any given stage, be facilitated or enhanced
through a family policy which, broadly construed, encompasses any direct and indirect policy
that influences the well-being of families (Randolph & Hassan, 1996). Direct policies offer
particular kinds of support to families or specific family members, whereas indirect policies are
generally more important determinants of families’ overall access to resources, including goods,
services, and community supports (Randolph & Hassan, 1996).
Using the above definition as the basis, the development of family policy in South Africa can
be traced back to the institutional segregation of population groups that prevailed during
the apartheid era (Amoateng & Richter, 2007). The system essentially gave rise to a dualistic
family policy whereby a strong differentiation was made between White families and those of
Africans, Coloureds, and Indians (Harvey, 1994). Overall, with Whites seen as more superior
to the other groups, and given the government of the day’s view that “the interests of the
Black group lay in the reserves, that the Indian group was an exogenous group and that the
Coloureds should fend for themselves”, the Western core family was adopted as the model of
family life in the country (Harvey, 1994:29).
Following the end of apartheid and the establishment of a new democratic dispensation in
1994, the post-apartheid Government instituted various policy and legislative reforms aimed
at, among other things, the realignment of the country’s institutions, in order to transform the
10
South African society. However, the family is not explicitly addressed in many of these policies.
Rather it is usually inferred and, in consequence, most socio-economic benefits indirectly filter
down to the family. For example, the five major social assistance policies in the country focus
only on specific individuals, namely: older persons (the State Old Age Pension), people with
disabilities (the Disability Grant), and children (the Child Support Grant, the Foster Care
Grant, and the Care Dependency Grant). It is noteworthy, however that the needs of such
individuals may not necessarily be congruent with those of the family unit. Past and present
poverty analyses and strategies of intervention have also primarily concentrated on households,
as opposed to families, thereby causing policies to overlook intra-family dynamics in the
country.
It is against the above background that the absence of an explict policy framework on the
family in South Africa has, over the years, been identified by policymakers, academics, civil
society, and concerned citizens as a critical shortcoming that needed to be urgently addressed
(Department of Social Development, 2012). In particular, the detrimental effects of the
policies of colonial apartheid on the family (for example, land dispossessions, and the migrant
labour and homeland systems) are viewed to a connection with the multiplicity of social ills
that continue to confront contemporary South Africa.
Largely as a response to these concerns, a White Paper for Social Welfare was issued in
1992. As the first overall social welfare policy under the post-apartheid government, the
Paper reaffirmed the country’s commitment to securing basic welfare and human rights, and
focused on the family and its life cycle: children, youth and the aged. It outlines strategies to
promote family life, as well as to strengthen families; and guides, through its developmental
paradigm, the implementation of pro-family policies and services in the country. In 2001,
a draft National Policy Framework for Families was developed by the Department of Social
Development. Its ‘final draft version’, was issued in 2005 with goals that include the protection
and support of families through effective and efficient service delivery; the creation of an
enabling environment geared towards the self-reliance of families; and the promotion of
inter-sectoral collaboration amongst stakeholders in the provision of services. In the pursuit
to finalise this ‘final draft version’, the South Africa Cabinet, in September 2011, approved
the Green Paper on Families which has the stated aim to “promote family life and strengthen
families in South Africa”. The Green Paper was released for public comment in October 2011.
This White Paper on Families emanates from the Green Paper.”
2. Briefly explain three family systems.

• Traditional system – the father takes the lead.
• System of camaraderie – the father still plays a leading role but the mother’s point of
view is taken into account.
• System of equality (egaliarian sytem) – both the mother and the father work. The
parents take joint decisions on any matter.
3. Give a definition of the state.

“An organised society occupying a definite territory and possesing an authoritative
government independent of external control.”
11
4. State five characteristics of the state.

• An internationally recognised demarcated geographical area.
• A state has a permanent population.
• The right to self-determination of a nation (which is part of the independent political
sovereignty).
• A state is an independent political entity.
• A state has international recognition.
5. Briefly explain the hierarchy of authorities of the state.

See: http://www.southafrica.info/about/government/gov.htm#.VtGS7vl957k#ixzz41MzgiGRX
“South Africa is a constitutional democracy with a three-tier system of government, an

independent judiciary, and a Constitution – the highest law of the land – recognised as one of
the most progressive in the world.”
Sections in this article:

• The Constitution
• Three levels and three spheres of government
• Parliament: the National Assembly
• Parliament: the National Council of Provinces
• The Presidency and the Cabinet
• Provincial government
• Local government
• Traditional leaders
• State institutions to support democracy
• Law-making
• The National Development Plan
South Africa has three levels of government: national, provincial and local (municipal).
National government is further divided into three separate spheres: law-making (legislative
authority), the actual work of governing (executive authority) and the courts (judicial
authority).
South Africa’s three capital cities reflect these spheres.
The executive capital is Pretoria, where the Union Buildings house the seat of government
and the offices of the president.
The judicial capital is Bloemfontein, home of the Supreme Court of Appeal.
Cape Town is the legislative capital, where the Houses of Parliament draft, vote and pass the
laws of the country.
The two houses of Parliament are the National Assembly, which creates law for the country
as a whole, and the National Council of Provinces, which ensures those laws will meet the
different needs of each province.
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6. Give a definition of the family.

The smallest unit in a community. Different cultures have different orientations to family
– for example, monogamy (a man, a woman and their children). It can also be polygamy (a
man, two or more wives and their children, with a core role played by the extended family
– father and mothers – brothers, sisters, parents and grandparents, uncles and aunts).
7. Distinguish between the following categories of family role systems:

• Traditional system
• System of camaraderie
• Egalitarian system
Traditional system – the father takes the lead. He goes out to work and supports the family
financially and he takes the decisions for the family. His partner is a full-time mother and
housekeeper and is totally obedient to the father.
System of camaraderie – the father still plays a leading role but the mother’s point of view
is taken into account. The mother will normally be working part-time and will supplement
the family income. She may take certain decisions on her own and is recognised for the role
that she plays in society.
System of equality (egaliarian sytem) – both the mother and the father work. Their
combined income supports the family. The mother is no longer a full-time homemaker and
may even employ someone to do this work in the home.The work in the home is shared by
the parents, and the parents take joint decisions on any matter.
FAMSA (Family and Marriage Society of South Africa) focusing on families in South Africa:
FAMSA is a non-profit organisation in SA and provides the following information of the
organisation on their website (http://www.famsaorg.mzansiitsolutions.co.za).
FAMSA history
The first bureau for Marriage Counselling in South Africa was established in 1948 in
Johannesburg. It became an organisation to which people with marriage problems could turn
to for help.
A National Family and Welfare Conference, with family problems and disintegration as the
main themes, was held in Johannesburg in 1954. Dr. Mace and his wife Vera were invited
to this occasion. After this conferences, the South African National Council for Marriage
Guidance and Counselling was established on the 6th of October 1954.
Over the years, the South African National Council for Marriage Guidance and Counselling
changed its name to The Family and Marriage Society of South Africa, and is now known as
Families South Africa (FAMSA).
FAMSA is a non-profit organisation and depends on donations from the National Lottery
Distribution Trust Fund, the Department of Social Development, the business sector and the
public.
The developmental social welfare services are presently rendered by 28 FAMSA societies
situated countrywide, who are affiliated to FAMSA National Directorate.
13
Service programmes address the following:

• Family preservation
• Management of HIV/Aids
• Conflict management
• Eradication of violence
• Poverty relief
• Counselling
• Mediation
• Training
FAMSA services greatly focus on capacity building and empowerment of unserviced and
under-serviced communities.
FAMSA’s objectives are:

• To empower people to build, restore and maintain sound relationships in marriage, in the
family and in communities.
• To promote and to provide preventive, reconstructive and developmental services in the
field of family preservation, and interpersonal relationships that are accessible and equitable.
• To impart information, knowledge and skills about the enrichment of marriage, family life,
youth, parenting, marriage preparation, personal development and management, and other
interpersonal relationships.
• To provide specific counselling and remedial services to individuals, couples, parents,
families and groups regarding the challenges and problems they are facing in their personal
and interpersonal functioning.
• To identify, train, supervise and give professional support to suitable persons as counsellors,
group workers and community development workers.
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Module 3
Principles and Guidelines
for a Democratic Society
• Describe the meaning of democracy in detail.
• Explain the guidelines for democracy and freedom as indicated in the
constitution.
• Explain the concept, “Rule of Law”, as well as the factors/characteristics of the
Rule of Law.
• Define the concept, “government by the people”, as well as the principles of
government on which a government official must concentrate, in this regard.
• Explain the division of the authority of state, and
• Describe the order and welfare functions.
Activity 3 Page 23
1. The “Rule of Law” is one of the principles of democracy. Define the term “Rule of Law”
and explain the three factors that can be established by the law in a democratic state.
Rule of Law means that the law is the uppermost and highest authority in the country. This
means that people and government are not the highest authority, because even they must
obey the law – only that will protect and sustain the principles of democracy. The Rule of
Law is also based on three principles/factors/rules, namely:
One – The executive authority (and the legislature) of the state must not be allowed to
use their powers of decision too widely and without restriction. It is, for example, the task
of the Constitutional Court to ensure that any legislation or government action is in line
with the constitution. If not and if the Court rules that the legislation is in conflict with
the constitution, the legislative authorities are forces to change the law to ensure it is in line
with the principles of the Constitution.
Two – All citizens are considered to be equal and should be treated equally.
Three – The courts must operate independently/separately from the legislature and the
executive.
Backgound information:
History of the Rule of Law (https://en.wikipedia.org/wiki/Rule_of_law).
History [edit]
Although credit for popularising the expression “the rule of law” in modern times is usually
given to A. V. Dicey,[5][6]development of the legal concept can be traced through history to
many ancient civilizations, including ancient Greece, China, Mesopotamia, India and
Rome.[7]
Antiquity [edit]
In the West, the ancient Greeks initially regarded the best form of government as rule by
the best men.[8] Plato advocated a benevolent monarchy ruled by an idealised philosopher
king, who was above the law.[8] Plato nevertheless hoped that the best men would be good at
respecting established laws, explaining that “Where the law is subject to some other authority
and has none of its own, the collapse of the state, in my view, is not far off; but if law is the
master of the government and the government is its slave, then the situation is full of promise
and men enjoy all the blessings that the gods shower on a state.”[9] More than Plato attempted
to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and
serving the laws.[8] In other words, Aristotle advocated the rule of law:
It is more proper that law should govern than any one of the citizens: upon the same principle,
if it is advantageous to place the supreme power in some particular persons, they should be
appointed to be only guardians, and the servants of the laws.[4]
16
Module 3 • Principles and Guidelines for a Democratic Society
According to the Roman statesman Cicero, “We are all servants of the laws in order that we
may be free.”[10] During the Roman Republic, controversial magistrates might be put on trial
when their terms of office expired. Under the Roman Empire, the sovereign was personally
immune (legibus solutus), but those with grievances could sue the treasury.[5]
In China, members of the school of legalism during the 3rd century BC argued for using
law as a tool of governance, but they promoted “rule by law” as opposed to “rule of law”,
meaning that they placed the aristocrats and emperor above the law.[11] In contrast, the Huang-
Lao school of Daoism rejected legal positivism in favor of a natural law that even the ruler
would be subject to.[12]
There has recently been an effort to reevaluate the influence of the Bible on Western
constitutional law. In the Old Testament, there was some language in Deuteronomy imposing
restrictions on the Jewish king, regarding such things as how many wives he could have,
and how many horses he could own for his personal use. According to Professor Bernard
M. Levinson, “This legislation was so utopian in its own time that it seems never to have
been implemented....”[13]The Deuteronomic social vision may have influenced opponents of
the divine right of kings, including Bishop John Ponet in sixteenth-century England.[14]
Early modern period
The first known use of this English phrase occurred around AD 1500[18] Another early
example of the phrase “rule of law” is found in a petition to James I of England in 1610, from
the House of Commons:
Amongst many other points of happiness and freedom which your majesty’s subjects of this
kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is
none which they have accounted more dear and precious than this, to be guided and governed
by the certain rule of the law which giveth both to the head and members that which of right
belongeth to them, and not by any uncertain or arbitrary form of government....[19]
In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions (according
to his own report) “that the law was the golden met-wand and measure to try the causes of
the subjects; and which protected His Majesty in safety and peace: with which the King was
greatly offended, and said, that then he should be under the law, which was treason to affirm,
as he said; to which I said, that Bracton saith, quod Rex non debed esse sub homine, sed sub
Deo et lege (That the King ought not to be under any man but under God and the law).”
Among the first modern authors to use the term and give the principle theoretical foundations
was Samuel Rutherford in Lex, Rex (1644).[3] The title, Latin for “the law is king”, subverts
the traditional formulation rex lex (“the king is law”).[20] John Locke also discussed this
issue in his Second Treatise of Government (1690). The principle was also discussed
by Montesquieu in The Spirit of the Laws (1748).[21] The phrase “rule of law” appears
in Samuel Johnson’s Dictionary (1755).[22]
In 1776, the notion that no one is above the law was popular during the founding of the
United States. For example, Thomas Paine wrote in his pamphlet Common Sense that “in
America, the law is king. For as in absolute governments the King is law, so in free countries
the law ought to be king; and there ought to be no other.”[23] In 1780, John Adams enshrined
this principle in the Massachusetts Constitution by seeking to establish “a government of laws
and not of men.”[24]
17
United Nations [edit]

The Secretary-General of the United Nations defines the rule of law as:[51]
... a principle of governance in which all persons, institutions and entities, public and
private, including the State itself, are accountable to laws that are publicly promulgated,
equally enforced and independently adjudicated, and which are consistent with international
human rights norms and standards. It requires, as well, measures to ensure adherence to the
principles of supremacy of law, equality before the law, accountability to the law, fairness in the
application of the law, separation of powers, participation in decision-making, legal certainty,
avoidance of arbitrariness and procedural and legal transparency.
The General Assembly has considered rule of law as an agenda item since 1992, with
renewed interest since 2006 and has adopted resolutions at its last three sessions.[52] The
Security Council has held a number of thematic debates on the rule of law,[53] and adopted
resolutions emphasising the importance of these issues in the context of women, peace and
security,[54] children in armed conflict,[55] and the protection of civilians in armed conflict.
[56]
The Peacebuilding Commission has also regularly addressed rule of law issues with respect
to countries on its agenda.[57] The Vienna Declaration and Programme of Action also requires
the rule of law be included in human rights education.[58]”
2. State ten basic rights and freedoms that are guaranteed by the Constitution.
Any ten of the Bill of Rights, Chapter Two of the South African Constitution, Act 108 of
1996. See a summary of the whole Chapter Two of the SA Constitution in the following
table:
Bill of Rights: Chapter Two of the SA Constitution (Act 108 of 1996.

(http://ossafrica.com)
• 3.1 Section 7: Introduction

• 3.2 Section 8: Application of the Bill of Rights
• 3.3 Section 9: The Right to Equality
• 3.4 Section 10: The Right to Human Dignity
• 3.5 Section 11: The Right to Life
• 3.6 Section 12: Freedom and Security of the person
• 3.7 Section 13: Slavery, Servitude and Forced Labour
• 3.8 Section 14: Right to Privacy
• 3.9 Section 15: Freedom of Religion, Belief and Opinion
• 3.10 Section 16: Freedom of Speech and Expression
• 3.11 Section 17: Freedom of Assembly, Demonstration, Picket and Petition
• 3.12 Section 18: Freedom of Association
• 3.13 Section 19: Political rights
• 3.14 Section 20: Citizenship
• 3.15 Section 21: Freedom of movement and residence
• 3.16 Section 22: Freedom of trade, occupation and profession
• 3.17 Section 23: Labour relations
• 3.18 Section 24: Environment
• 3.19 Section 25: Property
• 3.20 Section 26: Right of access to housing
• 3.21 Section 27: Right of access to health care, food, water and social security
18
• 3.22 Section 28: Children's rights

• 3.23 Section 29: Education
• 3.24 Section 30: Language and culture
• 3.25 Section 31: Cultural, religious and linguistic communities
• 3.26 Section 32: Access to information
• 3.27 Section 33: Just administrative action
• 3.28 Section 34: Access to courts
• 3.29 Section 35: Arrested, detained and accused persons
• 3.30 Section 36: Limitations on rights
• 3.31 Section 37: States of emergency
• 3.32 Section 38: Enforcing rights
• 3.33 Section 39: Interpreting the Bill of Rights
3. The Bill of Rights in the Constitution contains the basic rights which underpin total
freedom for all citizens. Briefly explain five factors underpinning children’s rights.
See article 28 of Chapter 2 of the Bill of Rights, National Constitution of South Africa, Act
108 of 1996.
Any five:
Every child has the right to:
• A name and a nationality from birth.
• Family care or parental care, or to appropriate alternative care when removed from the
family environment.
• Basic nutrition, shelter, basic health-care services and social services.
• Be protected from maltreatment, neglect, abuse or degradation.
• Be protected from exploitative labour practices.
• Not be required or permitted to perform work or provide services that (i) are
inappropriate for a person of that child’s age; or (ii) place at risk the child’s well-being,
education, physical or mental health or spiritual, moral or social development;
• Not be detained except as a measure of last resort.
• Have a legal practitioner assigned to the child by the state.
• Not be used directly in armed conflict, and to be protected in times of armed conflict.
• Additionally, a child’s best interests are of paramount importance in every matter
concerning the child. In this section (Bill of Rights), “child” means a person under the
age of 18 years.
4. Explain the meaning of the word ‘democracy’.
The word democracy iis derived from the Greek words demos, which means people, and
kratein, which means to govern. Directly translated from the Greek, democracy means
“The People Governs” It is, therefore, representative democracy where people have the
opportunity to identify and choose the people that they send to parliament (to represent
them) by means of regular and general elections.
5. Explain the four important criteria for democracy.
• Popular sovereignty – the ultimate power to make political decisions must be vested in
the people rather than in part of them or one of them.
• Political equality – each adult citizen must have the same opportunity as every other
adult to participate in the political decision-making process;
• Popular consultation – a democratic nation must have institutional machinery through
which public officials learn what public policies the people wish to adopt and enforce;
• Majority rule – when the majority of the citizens of a country disagree or agree on an
issue, government should act according to the wishes of the larger rather than the smaller
number.
19
6. Explain three important focus areas of order and welfare functions and provide
examples of each.
Protective responsibility Responsibility to enhance and enrich Responsibility of assistance

• Defending the citizens Make the lives of all citizens more • The state has the
against foreign forces prosperous by: responsibility to create
• Maintaining law and • Creating programmes that satisfy the supportive funtions where
order within the state needs, desires and demands of the necessary
by means of a police society • Examples are nurse-ries
force • Creating programmes that educate and for state employees,
• Writing laws to ensure train people in various areas mechanical workshops to
order within the state • Creating opportunities for persons to repair state vehicles, etc.
• Protecting the trade within the free market system
environment from • Develop welfare and social services
exploitation, etc. • Promoting foreign interest by
establishing foreign missions and
consuls in overseas countries and
allowing other countries to establish
some in South Africa
7. When studying the preamble of our Constitution, we came to the conclusion that
the vision of SA is to establish a society based on reconciliation (heal the divisions
of the past). This can be achieved according to the preamble by a society based
on democractic values, social justice and fundamental human rights. Discuss the
preamble’s guidelines of how such a society can be achieved.
Such a society can be achieved by institutionalising the following priorities:

• Establish a government based on the will of the people.
• Ensure citizenship equality and a citizenship that is equally protected by the law.
• Ensure and develop the quality of life of all citizens.
• Free – give room and space for the maximum development of the potential of each
person, and
• By building a united and democratic South Africa, able to take its rightful place as a
sovereign state in the family of nations.
8. Explain the distribution of power based on the “tripartite” principle.

Power is distributed in government according to the “tripartite (three functions) principle.
In SA, this is done by separating the legislative, the executive and the judicial authorities.
Legal control measures are in place to ensure that none of these powers is abused by
persons. How is it done?
• The legislature makes laws but does not administer laws and does not act as a court of
law.
• The executive implements the laws but does not make the laws or judge anyone by the
laws.
• The judiciary does not make laws or fulfil the executive functions of government.
20
(See http://www.sabar.co.za/law-journals)
“Meaning of separation of powers. The doctrine means that specific functions, duties and
responsibilities are allocated to distinctive institutions with a defined means of competence
and jurisdiction. It is a separation of three main spheres of government, namely, Legislative,
Executive and Judiciary. Within the constitutional framework, the meaning of the terms
legislative, executive and judicial authority are of importance: (a) Legislative authority – Is
the power to make, amend and repeal rules of law. (b) Executive authority – Is the power to
execute and enforce rules of law. (c) Judicial authority – Is the power, if there is a dispute, to
determine what the law is and how it should be applied in the disputes.
The doctrine of separation of powers means ordinarily that if one of the three spheres of
government is responsible for the enactment of rules of law, that body shall not also be
charged with their execution or with judicial decision about them. The same will be said
of the executive authority; it is not supposed to enact law or to administer justice and the
judicial authority should not enact or execute laws. Lord Mustill, in R v Home Secretary, ex
Fire Brigades Union defined the doctrine of separation of powers in England as: ‘... a feature
of the peculiary British conception of the separation of powers that Parliament, the executive
and the courts have each their distinct and largely exclusive domain. Parliament has a legally
unchallengeable right to make whatever laws it thinks right. The executive carries on the
administration of the country in accordance with the powers conferred on it by law. The
courts interpret the laws, and see that they are obeyed.’
The meaning of separation of powers in the United States of America and France shows
a variety of meanings. The concept may mean at least three different things: (a) that the
same person should not form part of more than one of the three organs of government, for
example, that ministers should not sit in parliament; (b) that one organ of government should
not control or interfere with the work of another, for example, that the executive should
not interfere in judicial decisions; (c) that one organ of government should not exercise the
functions of another, for example, that ministers should not have legislative powers.
Sight should not be lost of the fact that complete separation of powers is not possible – neither
in theory nor in practice. Some overlapping is unavoidable, given the fact that we talk here of
spheres of what is in fact one government.
The origin of the doctrine of separation of powers. The modern design of the doctrine
of separation of powers is to be found in the constitutional theory of John Locke (1632-
1704). He wrote in his second treatise of Civil Government as follows: ‘It may be too great
a temptation for the human frailty, apt to grasp at powers, for the same persons who have
power of making laws, to have also in their hands the power to execute them, whereby they
may exempt themselves from the law, both in its making and execution to their own private
advantage’. It is clear that he was advocating the division of government functions into
legislative, executive and judicial.
However, it is the French philosopher (jurist) Montesquieu (1689-1755) who is usually

credited with the first formulation of the doctrine of separation of powers. He based his
exposition on the British Constitution. In the pertinent chapter of his well-celebrated work,
L’ Esprit des Lois (1748) he purported to describe the British Constitutional system of
the 18th Century so that it might serve as an example to France of a political dispensation
founded on liberty, which according to him, was the supreme objective of a political society.
21
JD van der Vyver observed that Montesquieu was a poor observer, since the British
constitutional system did not comply then, neither does it today, with the basic norms of the
idea of separation of powers. Even so, Montesquieu’s analysis of the British system, is generally
accepted as political ideal which is worth pursuing. Montesquieu recognised the three basic
pillars of state authority, which include the executive, legislature and the judicial functions;
and he added that these functions ought to vest in three distinct governmental organs with,
in each instance, different office bearers. Montesquieu supported his argument by saying: ‘All
would be in vain if the same person, or the same body of officials, be it the nobility or the
people, were to exercise these three powers: that of making laws, that of executing the public
resolutions, and that of judging crimes or disputes of individuals’.
His idea eventually developed into a norm consisting of four basic principles: (a) the principle
of trias politica, which simply requires a formal distinction to be made between the legislative,
executive and judiciary components of the state authority; (b) the principle of separation of
personnel, which requires that the power of legislation, administration and adjudication be
vested in three distinct organs of state authority and that each one of those organs be staffed
with different officials and employees, that is to say, a person serving in the one organ of state
authority is disqualified from serving in any of the others; (c) the principle of the separation of
functions, which demands that every organ of state authority be entrusted with its appropriate
functions only, that is to say, the legislature ought to legislate, the executive to confine its
activities to administering the affairs of the state, and the judiciary to restrict itself to the
function of adjudication; (d) the principle of checks and balances, which represents the special
contribution of the United States to the notion of separation of powers, and which requires
that each organ of state authority be entrusted with special powers designed to keep a check
on the exercise of functions by the others in order that the equilibrium in the distribution of
powers may be upheld. The main objective of the doctrine is to prevent the abuse of power
within different spheres of government.”
9. Public officials/civil servants will only be effective and efficient if they follow the
democratic principles and values as set out by Chapter 10 of the Constitution.
List 7 of these principles and values stated in Chapter 10 of the Constitution.”
• They must maintain a high standard of professional ethics.
• They must make best use of resources.
• Public Administration must be development-orientated and attention must be given to
people’s needs.
• Services must be provided impartially, fairly, equitably and without bias.
• Public Administration must be accountable and transparent.
• People’s potential must be developed through efficient management.
• Public Administration must be broadly representative of the population, taking into
account ability, objectivity, equity and the need to redress imbalances.
22
Module 4
Citizenship and the Right to Vote
• Explain who has the right to citizenship in the RSA.
• Describe who has the right to vote in the RSA.
• Explain how voters are registered and the disqualification of voters.
• Explain how voters’ regions are divided.
• Explain who may be candidates for voters’ regions as well as the
disqualifications of candidates.
• Explain briefly the five voting systems.
• Explain the arrangements, administration and procedures of voting day.
Activity 4 Page 38
1. Name two methods of obtaining citizenship.
Any two:
• By birth
• By descent
• By naturalisation
• By registration
2. Briefly explain franchise qualifications.

• Persons must be South African citizens.
• Every citizen over the age of 18 is allowed to vote.
• The person must be registered on the voters’ roll.
• The person must have a legal voter document (An ID, a temporary voting card, etc.).
• A person who is a permanent resident of the country.
• A person who is/was a child of a citizen before commencement of the new Constitution
and who has entered the country to become a permanent resident.
• A person who has been in the country since 31 December 1978.
• A person who is not affected by any of the disqualifications.
3. Although the election of representatives for the citizens of a country is a purely

political affair, there is a comprehensive administrative process behind the creation
of a voters’ roll, the determination of a voter’s right to vote and the organisation of
the electoral process. Briefly explain the electoral procedures under the following
headings:
a. Registration by a political party for elections
To register to take part in an election, the party must provide the IEC (Independent
Electoral Commission) with the following:
• Copy of its constitution.
• A deed of its foundation.
• Two sets of logos in colour.
• A R500 registration fee.
• Proof of an advertisement which will be used in the application to be published in the
Government Gazette.
• Additionally, the party must register on the correct forms within 10 days of the
proclamation of an election date in the Government Gazette’.
• If the party wants to take part in the election of members of the National Assembly, it
must pay a deposit of R90 000 to the Director-General of Internal Affairs.
• If the party wants to take part in the election of members of the National Council of
Provinces, it must pay a deposit of R10 000 for each provincial election it wants to take
part in.
• A depost to take part in a municipal election is R500 per ward for a party. An
independent person taking part in a muncipal election will pay R200 per ward.
24
Module 4 • Citizenship and the Right to Vote
The IEC provides the following information regarding the registration by a political
party for elections
(http://www.elections.org.za/content/Parties/How-to-register-a-party/)
How to register a party

Any party that wants to participate in an election must register with the IEC.
You may choose to register at national level, which will allow your party to contest elections
of the National Assembly, provincial legislatures and all municipal councils. However, you may
choose to register only at municipal level for a particular municipality (/ies), and your party
will then only be allowed to contest municipal elections for those particular municipal councils
stated in your registration application.
To find out how to contest a municipal election as an individual candidate, please see
independent ward candidates.
National level registration
To register to contest all elections (National level), you must submit:
• An application for registration (Annexure 1 (PDF – 17.26 KB) of the Regulations), fully
completed;
• The name (not more than 60 letters) and abbreviated name (not more than eight letters) of
the party;
• A copy of the party’s Constitution;
• A Deed of Foundation signed by 500 registered voters who support the founding of the
party (see Annexure 6 (PDF – 13.91 KB) of the Regulations);
• Two sets of party logo/symbol in colour;
• R500 registration fee; and
• A hard copy of the Government Gazette in which your Notice appears
(see Annexure 2 (PDF – 11.36 KB) of the Regulations).
For more information, see Section 15 of the Electoral Commission Act of 1996 and
Regulation 2, 3 and 4 of the Regulations for the Registration of Political Parties of April 1998
(download the Act and Regulations in PDF format – 183 KB).
Municipal level registration
To register to contest elections in only a specific municipality/ies (Municipal level), you must
submit:
• An application for registration (Annexure 1 (PDF – 17.26 KB) of the Regulations) fully
completed;
• A copy of the party’s Constitution;
• A Deed of Foundation signed by 100 registered voters who support the founding of the
party (Annexure 6 (PDF – 13.91 KB) of the Regulations);
• Two sets of party logo/symbol in colour;
• R200 registration fee per municipality; and
• A party applying for registration at Municipal level must place a Notice in a local
newspaper (Annexure 2 (PDF – 11.36 KB) of the Regulations) and must submit proof of
such publication (hard copy of the newspaper page).
* Please note that Annexure 6 indicates that only 50 signatures are required, but a
subsequent amendment (General Notice R151 in Government Gazette 34044 of 23 February
2011) changed this amount to 100 signatures.
For more info, see section 15A of the Act and Regulation 2, 3 and 4 of the Regulations
(download the Act and Regulations in PDF format – 183 KB).
25
b. Determination of voting days and hours
The Electoral Act determines that the President or Deputy President determines the
election dates and it will be published in the Government Gazette between 60-90 days
before an election. Usually, one day is planned for special votes – for people who are ill,
physically disabled, paraplegic or pregnant. Voting hours are normally between 07:00 and
21:00.
c. Submission of lists of candidates of each party
Electoral Act No 73 of 1998 (Chapter 3, Part 3, Article 27).

27. Submission of lists of candidates. (1) A registered party intending to contest an election
must nominate candidates and submit a list or lists of those candidates for that election
to the chief electoral officer in the prescribed manner by not later than the relevant date
stated in the election timetable. (2) The list or lists must be accompanied by a prescribed
– (a) undertaking, signed by the duly authorised representative of the party, binding the
party, persons holding political office in the party, and its representatives and members, to
the Code; (b) declaration, signed by the duly authorised representative of the party, that
each candidate on the list is qualified to stand for election in terms of the Constitution or
national or provincial legislation under Chapter 7 of the Constitution; (c) acceptance of
nomination, signed by each candidate; (d) undertaking signed by each candidate, that that
candidate will be bound by the Code; and (e) deposit.
• The candidates must be South African Citizems;

• The candidates must not be disqualified from voting;
• People employed in the civil service (not including security forces) who want to stand
as canditates must take leave from the date of their nomination until the day that
nomination lists are published in the Government Gazette.
d. Voting stations
Voting stations are the places where people cast their votes. A list of voting stations will be
published 30 days before the first voting day. A voting station may be relocated before or
during an election by the IEC if it is felt that a free and fair election cannot take place in
that location. An electoral officer is in charge of a voting station. A voting station consists
of the follwing areas:
• An election centre/polling hall – place where the voters cast their vote ;
• An inner perimeter – the area around the election centre. Political parties may not
canvass within this area – a radius of 600 metres or less;
• A controlled area – the area around the election centre – a radius of 1100 metre or less.
The area is also under control of the electoral officer on the day of voting.
• The district electoral officer may provide mobile voting stations with the permission of
the electoral officer. They must be strictly supervised by the district electoral officer.
• South African citizens who are in other countries at the time of the elections will be able
to vote at South Africa’s diplomatic missions/offices.
26
Module 4 • Citizenship and the Right to Vote
e. Ballot paper
The electoral officer must ensure that there are enough ballot papers before the election
starts. A ballot paper will list the abbreviated names of all the registered parties, a sign or
symbol of each party in colour and the name and photograph of the leader of the party.
Local election ballot papers do not contain photographs, only names. The order of the
political parties on the ballot paper is alphabetical.
f. Counting of votes
• Any irregularities must be reported to the IEC within 48 hours after closing of voting.
• IEC decides the date, time an the places where the votes will be counted.
• This information must be given to all involved parties 7 days before the first voting day.
• The ballot boxes are taken to a central counting station where they are received by the
regional electoral officer.
• The seals of the ballot boxes will be inspected by counting officers in front of the district
electoral officers and any other official voting agents of political parties, monitors or
international and other observers.
• If there is no sign of damage or tampering, the ballot boxes are opened and the ballot
papers and balance sheet/counterfoils are removed.
• All persons involved with the counting of votes are sworn to secrecy.
• The spoilt papers are removed and the counting officer will write “rejected” across them.
• Unused ballot papers with their counterfoils must be set aside.
• Ballot papers are totalled and must correspond with counterfoils.
• Ballot papers and counterfoils, together with a report, are sent to the chief electoral
officer. The chief electoral officer will keep all ballot papers and related material safe.
4. Briefly explain the voting procedures at a voting station during the general elections.
• The voters’ roll and identity document/or temporary identity card will be checked first
and the persons name will be underlined/ticked.
• The base of the thumbnail on the right hand is checked for indelible visible ink to see if
the person has already voted. If there is no ink mark, a drop of ink will be placed on the
base of the thumbnail on the right hand.
• The voters are allowed to cast two votes, one for the National Assembly (NA) and one
for the National Council of Provinces (NCOP). The person receives two ballot papers –
one for the NA and the other one for the NCOP.
• The vote is cast in absolute secrecy and no person may interfere with or annoy him/her
in the polling booth.
• The ballot papers are taken into the booth and the voter casts one vote (with an X) next
to the name of the party or person of his/her choice on both ballot papers.
• If a voter is blind, cannot write or read or is handicapped in any way which makes it
difficult for him/her to vote, he may nominate/choose someone (who has been approved
by the electoral officer) to make the voting mark for him/her. This has to be done in
front of at least two party voting agents. The vote has to be cast as the handicapped
person verbally dictates it.
• If a voter makes a “bona fide” mistake on the ballot paper, he may ask the electoral
officer for a new ballot paper. If the electoral officer is certain that the mistake was
honestly and unfortunately made, he/she will destroy the spoilt paper by shredding or
tearing it up and give the voter a new ballot paper.
• The voter folds the ballot paper and places the vote for the NA in the ballot box
provided for the NA, and the vote for the NCOP is placed it in the ballot box for the
NCOP.
• The voter may now leave the voting station.
27
5. Give four reasons why some people are not allowed to vote during the elections.
Any four:
• Illegal immigrants.
• A person declared of unsound mind or mentally disturbed by a court.
• A person committed to an institution for the mentally insane.
• A person detained in terms of drug or alcohol dependency in an institution.
• A person serving a prison sentence without the option of a fine for committing or
attempting to commit murder, culpable homicide, rape, indecent assault, kidnapping,
abduction, assault with intent to do grievious bodily harm, robbery, malicious injury to
property, breaking and entering premises with the intent to commit an offence, fraud,
corruption, bribery.
• A person guilty of influencing a voter, bribing a voter, impersonating someone
else, interfering with voting material, interfering with free political canvassing and
campaigning; a person who refused to follow the instructions and directions of any
electoral officer or voting agent, etc.
6. For a person to participate during the elections, he/she must have certain
qualifications. State five qualifications that a person must possess to vote.
Any five:
• South African citizen.
• Over the age of 18.
• Registered on the voters’ roll.
• A legal voter document (an ID, a temporary voting card).
• Permanent resident of the country.
• A person who is/was a child of a citizen before the commencement of the new
Constitution and who has entered the country to become a permanent resident.
• A person who has been in the country since 31 December 1978.
• A person who is not affected by any of the disqualifications.
7. Armeer and Sara are a young married couple who live in Johannesburg. Armeer has
applied for a job in Australia. His wife is pregnant. He has planned to take her to visit
and see if she likes Australia, before she gives birth. While on board, Sara goes into
premature labour, minutes before the South African Airways Airbus on which they
were travelling touches down in Australia. Before the paramedics can remove her to an
awaiting ambulance, she gives birth to a baby boy.
a. Which nationality are Sara and Armeer? Motivate your answer.
South African citizenship – permanent resident.
b. Which nationality can the baby claim to? Motivate your answer.
South African citizenship by descent. The baby is born on South African Airways and,
based on the Citizenship Act (1995), when a person is born on board an aircraft he/she
becomes a citizen of the country where the aircraft is registered.
c. If Armeer gets the job, he might decide to move to Australia. State four ways in which
people can lose their South African citizenship.
• Voluntarily denouncing citizenship.
• Through abnegation – when political asylum is asked from another country.
• Superannuation – if a person receives citizenship of another country through
registration or naturalisation and lived outside the country for more than 5 years
without approval by the minister.
• Dispossession by the minister e.g. where the person has fraudulently obtained SA
citizenship or where the person has been imprisoned in another country for longer
than 12 months.
28
Module 5
The Hierarchy of Authorities
• Show background knowledge on the function, establishment and period of
both the interim government and constitution.
• Explain the central authority schematically.
• Explain the duration of and composition of Parliament.
• Explain the composition, qualifications of membership and sittings of the
National Assembly.
• Describe the composition, qualifications and sittings of the Senate.
• Explain the joint functioning of Parliament and Senate.
• Explain the provincial authority schematically.
• Explain the composition and functions of the Provincial Government.
• Explain the composition, functions and qualifications of the executive
councils, as well as the election of Premiers.
• Explain the institutions and status of municipalities, as well as the executive
committees.
• Explain the institution and activities of the Provincial Council of Traditional
Leaders.
• Explain the institution and functions of the Volkstaat Council.
Activity 5 Page 51
1. The threefold division of the authority of the state should fulfil certain requirements in
the democratic state. Briefly explain the THREE authorities of the state.
The main reason for the three authorities/divisions is to ensure, protect and guarantee the
freedom of the citizens of the country, and to prevent tyranny and autocratic government.
The separation of powers is the essence of free and constitutional government. The three
authorities are:
• Legislative authority
• Executive authority
• Judicial authority
2. State THREE aims of the current Constitution of South Africa.

Any three:
2.1 Heal the divisions of the past and create a society based on democratic values, social
justice and basic human rights.
2.2 Lay the foundation for a democratic and open society in which government is based
on the will of the people and every citizen is equally protected by the law.
2.3 Improve the quality of life of all citizens and free the potential of all people.
2.4 Build a united democratic South Africa, able to take its rightful place as a sovereign
state in the family of nations.
3. To accommodate traditional authorities, the Constitution makes provision for the

establishment of a House of Traditional Leaders, constituted from representatives
elected or nominated by traditional communities in the provinces.
3.1 Briefly explain the compilation of the Provincial House of Traditional Leaders.
Compilation of Provincial House of Traditional Leaders

Source 1:
http://www.gov.za/about-government/government-system/traditional-leadership
“Provincial houses of traditional leaders were established in all six provinces that have
traditional leaders, namely the Eastern Cape, Free State, KwaZulu-Natal, Limpopo,
Mpumalanga and North-West.
The national and provincial houses of traditional leaders enhance the cooperative relationships
within national and provincial government, while the establishment of local houses of
traditional leaders deepens and cements the relationship between municipalities and traditional
leaders on customary law and development initiatives.”
Further explanation from the texbook

Both the interim Constitution (Chapter 11) and the current Constitution (Chapter 12)
recognise the institution, status and role of traditional leadership, according to customary law.
The Constitution also makes provision for traditional leadership structures at local, provincial
30
Module 5 • The Hierarchy of Authorities
and national levels. The national and provincial legislation provide for the establishment of
houses of traditional leaders and a council of traditional leaders.
The interim Constitution makes provision for the establishment of a Provincial House of
Traditional Leaders in provinces where there are functioning traditional authorities. Eastern
Cape, KwaZulu-Natal, Free State, Mpumalanga, Limpopo and North-West have Provincial
Houses of Traditional Leaders. The Provincial House of Traditional Leaders’ function was
to make proposals to the provincial legislature or government in respect of matters relating
to traditional authorities, indigenous law or the traditions and customs of traditional
communities in the specific province. A provincial Bill having a bearing on traditional
authorities, indigenous law or traditions and customs was referred to the Provincial House of
Traditional Leaders for comments and input, by the Speaker of the Provincial Legislature.
As the House was opposed to the Bill, the Provincial Legislature did not pass the Bill.
3.2 Explain why Gauteng, Western Cape and Northern Cape provinces do not have
Provincial Houses of Traditional Leaders.
There are no formal traditional communities functioning in Gauteng, Western Cape

and Northern Cape.
3.3 Briefly explain the functions of the Council of Traditional leaders in Parliament.
3.3.1 Advise and make recommendations to the national government with regard to
any matter pertaining to traditional authorities, indigenous law or the
traditions and customs of traditional communities anywhere in the Republic.
3.3.2 Advise the President on any matters of national interest.
3.3.3 Any parliamentary Bill pertaining to traditional authorities, indigenous law or
the traditions and customs of traditional communities must, after being passed
by the House in which it was introduced, and before it is introduced in the
other House of Parliament, be referred to the Council by the Secretary to
Parliament, for comment, advice, support or opposition.
4. Each province has its own independent regional government and has the authority to
take its own decisions. Name the NINE provinces found in South Africa.
Eastern Cape; Free State; Gauteng; KwaZulu-Natal; Limpopo; Mpumalanga; Northern
Cape; North-West; Western Cape.
5. Discuss the THREE levels of Government.

The National Constitution (Act 108 of 1996) explained the three levels of government
in Chapter Three, Article (1) as follows:
“In the Republic, government is constituted as national, provincial and local spheres of
government which are distinctive, interdependent and interrelated.”
31
Three levels of Government
Level Legislature Legislative power Executive Executive powers and

positions responsibilities
National Parliament Make laws for whole President Develop national policy
country Deputy President and implement national
Cabinet laws
Provincial Provincial Make laws for the specific Premier + MECs Develop provincial
Legislature province based on the policy and implement
stipulated constitutional provincial laws
powers to provinces
Local Municipal Make laws for the Executive Responsible for local
Council specific local authority Committee matters like development
according to the stipulated and service provision
constitutional powers
5.1 National Government, known as the national state administration. This sphere is
concerned with the administration processes in state departments.
5.2 Provincial Government focuses on the administrative processes at provincial
governmental level.
5.3 Local Government, focusing on administrative processes at local governmental level.
6. Discuss the composition of the executive authority of the central level of government.
The executive authority of the interim government rests within the President, who must
perform the functions, responsibilities of the executive in accordance with the interim
Constitution.
The cabinet consists of the President, Deputy President and ministers who are members of
Parliament. The President may, however, in consultation with the Deputy President and
the leaders of the different parties in Parliament, appoint not more than one minister from
outside Parliament.
Current cabinet (March 2016)
Cabinet members Portfolios

Jacob Zuma President
Cyril Ramaphosa Deputy President
Mildred Oliphant Minister – Labour
Faith Muthambi Minister – Communication
Ebrahim Patel Minister – Economic Development
Thembelani Nxesi Minister – Public Works

Malusi Gigaba Minister – Home Affairs
Gugile Nkwinti Minister – Rural Development and Land Reform
Senzeni Zokwana Minister – Agriculture, Forestry and Fisheries
Pakishe Motsoaledi Minister – Health
Nomvula Mokonyane Minister – Water and Sanitation
Mashabane Nkoana Minister – International Relations and Co-operation
Lindiwe Zulu Small Business Development
Jeffrey Radebe Minister – Planning, Monitoring and Evaluation
Mosebenzi Zwane Minister – Mineral Resources
Bonginkosi Nzimande Minister – Higher Education and Training
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Cabinet members Portfolio’s

Lynne Brown Minister – Public Enterprises
Nosiviwe Mapisa-Nqakula Minister – Defence and Military Veterans
Bathabile Dlamini Minister – Social Development

Siyabonga Cwele Minister – Telecommunications and Postal Services
Grace Pandor Minister – Science and Technology
Tshililo Masutha Minister – Justice and Correctional Services

Derek Hanekom Minister – Tourism
Nkosinathi Mthethwa Minister – Arts and Culture
Rob Davies Minister – Trade and Industry
Lindiwe Sisulu Minister – Human Settlements
Matsie Motshekga Minister – Basic Education
Tina Joernat-Pettersson Minister – Energy
Fikile Mbalulu Minister – Sport and Recreation
Nkosinathi Nhleko Minister – Police

Mbangiseni Mahlobo Minister – State Security
Ngoako Ramathodi Minister – Public Service
Elizabeth Peters Minister – Transport
Borno Molewa Minister – Environmental Affairs
Susan Shabangu Minister – Women
Pravin Gordhan Minister – Finance
David van Rooyen Minister – Co-operative Governance and Traditional Affairs
7. Discuss the hierarchy of authorities on central governmental level.

The hierarchy of authorities on central governmental level consists of:
• The legislative authority – law making.
• The executive authority – law execution.
• The judicial authority – law adjudication/arbitration – the courts have the authority to
settle disputes by applying or using the law throughout SA.
The following diagram explains the hierarchy of authorities on central government

level. It does not include the judicial function as this is addressed in Module 8.
Administrative Executive Institutions
Legislative Authority Executive Authority Administrative Executive Institutions
Cabinet: State Public Protector

President
President, Deputy Departments
Pres. Ministers
Auditor-
General
National National Council Deputy
Assembly of Provinces Ministers
Human Rights
Commission
Commission:
Gender Equality
IEC
33
8. Discuss the principles of co-operative government and intergovernmental relations.
Source: National Constitution, Act 108 of 1996.Chapter 3, Article 41
1. All spheres of government and all organs of state within each sphere must –
• Preserve peace, national unity and the indivisibility of the Republic;
• Secure the well-being of the people of the Republic;
• Provide effective, transparent, accountable and coherent government for the Republic as
a whole;
• Be loyal to the Constitution, the Republic and its people;
• Respect the constitutional status, institutions, powers and functions of government in
other spheres;
• Not assume any power or function except those conferred on them in terms of the
Constitution;
• Exercise their powers and perform their functions in a manner that does not encroach
on the geographical, functional or institutional integrity of government in another
sphere, and
• Co-operate with one another in mutual and good faith by –
– Fostering friendly realtions;
– Assisting and supporting one another;
– Informing one another of, and consulting one another on, matters of common
interest;
– Co-ordinating their actions and legislation with one another;
– Adhering to agreed procedures, and
– Avoiding legal proceedings against one another.
2. An Act of Parliament must –

– Establish or provide for structures and institutions to promote and facilitate
intergovernmental relations, and
– Provide for appropriate mechanisms and procedures to facilitate settlement of
intergovernmental disputes.
3. An organ of state involved in an intergovernmental dispute must make every

reasonable effort to settle the dispute by means of mechanisms and procedures provided
for that purpose, and must exhaust all other remedies before it approaches a court to
resolve the dispute.
4. If a court is not satisfied that the requirements of subsection (3) have been met, it may
refer a dispute to the organ of state involved.
9. Discuss the values of the South African Constitution.

• It stresses human dignity and the promotion of human rights and freedom.
• It eliminates all discrimination.
• It entrenches rule of law and the Constitution as the supreme law.
• It gives every citizen the right to vote, it entrenches regular elections and a multiparty
system of democratic government.
34
10. Discuss the characteristics of the South African Constitution.

• The Constitution is supreme law, also over Parliament.
• The Constitution provides a democratic system and equal voting opportunities for all
citizens.
• A Bill of Rights guarantees equal rights and protects the rights of all citizens of SA.
• The courts are independent and subject only to the Constitution, and must apply the
law impartially and without fear, favour or prejudice.
• There are three levels of government who will co-operate but not interfere with one
another.
• Nine provinces replace the former four provinces and the ten homelands.
• The diversity (differences) of all people is recognised and ensured by means
of recognition of eleven official languages, an electoral system of proportional
representation, nine representative provinces in Parliament; the recognition of
traditional leaders and traditional law, and the protection of different rights and the
entrenchment of the interests of diverse communities.
11. Discuss the concept ‘interim government’ with references to the South African
example.
The Preamble of the Interim Constitution (Act 200 0f 1993) of South Africa, explains the
need, purpose and nature of the interim government.
Firstly, there was a need for a new order in South Africa, in which all adult people are
entitled to a common South African citizenship (this did not exist before 1994) in a
sovereign and democratic constitutional state. Secondly, the new order must be based
on equality between men and women and between people of all races, so that everybody
can enjoy and exercise their fundamental rights and freedoms. Thirdly, the preamble
explains how this principle is to be implemented – elected representatives of all the
people of South Africa should be mandated to adopt a new Constitution in accordance
with pre-agreed constitutional principles. Fourthly, while this process of drafting the
final Constitution is in progress, provisions must be made for the continued governance
of South Africa, based on the principles of national unity and the restructuring of the
existing governance institutions. The continuing governance process (based upon the
principle of government of national union) while the final Constitution is being drafted
by an elected Constitutional Assembly, is known as the interim government.
The Interim Constitution was the supreme authority during the transformation process
(from 27 April 1994) until the adoption of the new and final Constitution, Act 108 of
1996, on 11 October 1996. The Interim Constitution also provides clear guidelines
regarding the structure of the interim government.
35
36
Module 6
Legislative Authority
• Describe the functions and competence of Parliament.
• Explain the role of the National Assembly and the National Council of
Provinces in connection with legislation.
• Describe the legislative Parliamentary competence over provinces.
• Describe the functions and competence of the provincial legislature
representing each of the nine provinces.
• Describe the legislative competence of local government.
• Explain the subordinance of local by-laws to Parliamentary provincial laws.
Activity 6 Page 69
1. Briefly explain the meaning of legislative authority.
The Department of Justice and Constitutional Development explains the meaning of
legislative authority as:
Parliament, as the national legislature, has legislative authority (the power to make laws)
in the national sphere of government. Consequently, Parliament has the power to pass
new laws, to amend existing laws, and to repeal old laws. The same power is exercised by
Provincial legislatures in the provincial sphere of government in respect of provincial laws,
and by municipal councils in the local sphere of government in respect of municipal by-
laws.
See more at: http://www.justice.gov.za/legislation/legprocess.htm#sthash.F4kntfil.dpuf
2. Name the responsibilities of the legislative authority.

The main responsibility of the legislative authority is the making of laws for ordering the
community life in such a manner that all citizens can live peacefully and under physical
and social well-being. The legislative authority also has the responsibility to (a) ensure
that money is available for the implementation of its laws, and (b) ensure control over the
implementation of these laws.
The Department of Justice and Constitutional Development also extends on this

explanation by explaining that:
Schedules 4 and 5 to the Constitution provide a list of functional areas in which Parliament
and the Provincial legislatures are competent to make laws. Schedule 4 lists those functional
areas in which Parliament and the Provincial legislatures jointly have the power to make
laws (for example, matters relating to agriculture, consumer protection, health, housing,
public transport and regional planning and development). Schedule 5 lists the functional
areas in which the Provincial legislatures may make laws (for example, matters relating to
provincial planning, liquor licensing, provincial roads and traffic and provincial sport).
Municipal Councils may make and administer by-laws for the administration of local
government matters listed in Part B of Schedule 4 (for example, building regulations,
municipal health services and trading regulations) and Part B of Schedule 5 (for example,
control of public nuisances, fencing and fences, local amenities and street trading) to the
Constitution.
See more at: http://www.justice.gov.za/legislation/legprocess.htm#sthash.F4kntfil.dpuf
3. Explain the legislative authority of South Africa in terms of:

3.1 Composition of Parliament
South Africa has a bicameral Parliament (two houses) supported by a joint administration.
The National Assembly (NA) consists of no fewer than 350 and no more than 400
members. The Parliamentary website (http://www.parliament.gov.za) states that currently:
“The National Assembly has 400 members. The number of seats that a party has in the Assembly
is in proportion to the number of voters that voted for it in the elections.”
38
Module 6 • Legislative Authority
Information: Parliamentary website:

http://www.parliament.gov.za
The National Assembly (NA) is the House directly elected by the voters, while the National
Council of Provinces (NCOP) is elected by the provinces and represents them to ensure
that provincial interests are taken into account in the national sphere of government.
Current (2016) State of Parties in the NA
Party Number of seats % of total

1 African National Congress ANC 249 62.15%
2 Democratic Alliance DA 89 22.23%
3 Economic Freedom Fighters EFF 25 6.35%
4 Inkatha Freedom Party IFP 10 2.40%
5 National Freedom Party NFP 6 1.57%
6 United Democratic Movement UDM 4 1%
7 Freedom Front Plus FFPlus 4 0.90%
8 Congress of the People COPE 3 0.67%
9 African Christian Democratic Party ACDP 3 0.57%
10 African Independent Congress AIC 3 0.53%
11 Agang SA AGANG 2 0.28%
12 Pan Africanist Congress of Azania PAC 1 0.21%
13 African People’s Convention APC 1 0.17%
The NCOP consists of 90 provincial delegates, i.e. 10 delegates for each of the nine
provinces. This means that each province is equally represented in the NCOP.
A provincial delegation consists of six permanent delegates and four special delegates.
The permanent delegates are appointed by the nine provincial legislatures. The four
special delegates consist of the Premier of the province and three other special delegates
assigned from members of the provincial legislature. They are selected by each province
from Members of the Provincial Legislature (MPLs) and are rotated depending on the
subject matter being considered by the NCOP. The Premier of a province is the head of the
province’s delegation but he or she can select any other delegate to lead the delegation in his
or her absence.
Each provincial delegation has a provincial whip who is responsible for co-ordination of
the work of the provincial delegations in the NCOP. The Chief Whip of the NCOP co-
ordinates the business of the House and oversees the duties of the provincial whips. The
NCOP elects a Chairperson and two Deputy Chairpersons as presiding officers.
Organised local government is also represented in the NCOP through the South African
Local Government Association (SALGA). SALGA is entitled to 10 representatives who may
participate in the debates and other activities of the NCOP, but may not vote.
39
Current (2016) State of Parties in the NCOP
Party Seats per party Seats per

(Permanent) party (Special)
1 African National Congress ANC 33 27
2 Democratic Alliance DA 13 7
3 Economic Freedom Fighters EFF 6 1
4 Inkatha Freedom Party IFP 1 0
5 United Democratic Movement UDM 1 0
6 National Freedom Party NFP 0 1
TOTAL 54 36
3.2 Qualifications of Members of Parliament
National Assembly
• Every person who is entitled to vote, qualifies to make him/herself available to
stand as a candidate in the election for membership of the NA, except:
– Anyone who is in the service of the state and receives remuneration for that
appointment or service
– Permanent delegates to the NCOP or members of a provincial legislature or a
municipal council
– Unrehabilitated insolvents
– Anyone declared to be of unsound mind by a court of the Republic
– Anyone convicted of an offence and sentenced to more than 12 months
imprisonment without the option of a fine, either in the Republic or outside
– Anyone loses membership of the NA if that person ceases to be a member of
the party that nominated him/her as a member of the NA, unless that person
becomes a member of another party.
National Council of Provinces

• Every citizen who is entitled to vote in a general election in the RSA.
• Every citizen who qualifies to be a member of a provincial legislature.
• People who are employed or appointed by the state and who are paid for their
work may not be members.
• People who are members of the NA, the specific provincial legislature and
members of municipal councils may not become members.
• Insolvents – people who have been declared bankrupt, and who have not been
rehabilitated, may not become members.
• People who have been declared to be mentally unsound by a court may not
become members.
• People who have been convicted of an offence and sentenced to more than a year
in prison, without the option of a fine, may not become members. They may
apply again five years after their sentence has been completed.
3.3 Terms of office of Members of Parliament

Both the NA and the NCOP have a five-year term.
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3.4. Functioning of Parliament

The website of the South African Parliament explains their functioning and tasks in
the following way:
WHAT PARLIAMENT DOES

You are Here: > Our Parliament > What Parliament does
In democratic countries such as South Africa, the legislature or Parliament plays a very
important role. The members of Parliament are elected to represent the people of the country.
They also act as the voice of the people. Parliament, therefore, is accountable to the people of
South Africa.
Every five years, the people of South Africa get an opportunity to cast their votes for a new
Parliament. Each new Parliament is numbered. For example, in the elections of 1994 people
voted for the First Parliament. The Second Parliament came into existence after the general
elections in 1999 and the Third Parliament in 2004.
Parliament consists of two Houses called the National Assembly and National Council of
Provinces. Each House has its own distinct role and functions, as set out in the Constitution.
However, there are many instances when the two Houses act together to conduct what is called
“joint business”.
In the national sphere of government, the legislative power of the Republic is vested in
Parliament. In other words, Parliament is responsible for making and passing laws. The
National Assembly also chooses the President and is a national forum where issues are debated
publicly. The Assembly also has to scrutinise and oversee the actions of the executive. The
National Council of Provinces, on the other hand, must ensure that provincial interests are
taken into account in the national sphere of government. It does that by taking part in the
law-making process and by being the forum where issues affecting the provinces are debated
publicly.
Members of Parliament have freedom of speech, subject only to the rules of the Houses, when
they participate in committees or debates. They have that right to ensure that they, as elected
public representatives, can bring important matters to the attention of the Houses and the
public. To protect this right, members enjoy certain privileges and protection in terms of an
Act of Parliament called the Powers, Privileges and Immunities of Parliament and Provincial
Legislatures Act, 2004.
Furthermore, the importance of the public in the work of Parliament is emphasised by the fact
that the Constitution instructs Parliament to facilitate public participation in the law-making
process and to take reasonable measures for public access to its committee meetings and House
sittings.
Another important power given to Parliament by the Constitution is the authority to makes its
own rules and orders and to direct its own internal proceedings. Each House therefore has a set
of rules and orders according to which it operates, while Parliament also has Joint Rules that
direct joint business.
(http://www.parliament.gov.za)
41
In summary:
• Keeps the executive accountable to the people of the country.
• Summons persons to give evidence or produce documents or ask any institution to report
to them.
• Agrees and authorises a state of emergency when needed.
• Passes a vote of no confidence in the Cabinet if needed. If they passed a vote of no
confidence in the President, the entire Cabinet must resign.
• Controls State institutions.
• Debates and votes on the annual budget.
• Establishes a Joint Rules Committee to make rules and orders concerning the joint business
of the NA and the NCOP. They will also establish a mediation committee when needed, a
constitutional review committee and any other joint committee when necessary.
• Amends the Constitution when necessary and if agreed.
• Decides on the making of new laws, change existing laws, if required and needed, and
repeals existing laws, if needed, due to changing circumstances.
• Exercises certain judicial control over its own activities.
• Hears petitions from citizens and interest groups.
• Each house of Parliament decides how it wishes to deal with its own affairs. The President
can convene the houses for urgent matters and can also convene them for a joint sitting.
• Members of Parliament enjoy freedom of speech granted to them by the constitution. They
cannot be prosecuted for anything they may say in Parliament.
• Parliament has its own internal penalties for members who contravene the rules of
Parliament.
• Parliament functions by means of debate, after which a decision is reached based on
majority voting. One third of the house must be present during a debate. With the passing
of a Bill, a quorum of at least half of the house must be present.
• A committee system is used to resolve differences and consider Bills.
• The enactment of laws is one of the most important functions of Parliament, therefore a
large portion of time of members is taken up by this aspect.
• The Constitution stipulates that the courts and in particular, the Constitutional Court
may examine a Bill to determine its constitutionality. Because of the rule of law, Acts of
Parliament are subordinate to the constitution.
4. Explain how a law is made in Parliament.

• A minister of a department, a deputy minister, a parliamentary committee or an
individual MP (Private Member’s Bill) can introduce a Bill (a draft law) to Parliament.
• The most common method is that a government department will prepare a Bill. This
happens whenever there is a need for new legislation. This process started when officials
of the specific state department, under the direction of the Minister, make proposals
and, if approved by cabinet, convert proposals dealing with the specific need and
challenge(s) into the form of draft legislation. In the process, they will consult with the
different stakeholders in the drafting process. Examples in this regard are: organised civil
society, business, NGO-sector, employer organisations, labour, religious organisations
and institutions, etc.
• The draft legislation, after discussion and approval by cabinet, is then prepared for
submission to Parliament by the relevant minister. If the Bill is the initiative of a
member or members of Parliament (not a department and its relevant minister), it is
called a “Private Member’s Bill, and could also be passed by Parliament.
• Officials of the Legislation and Proceedings Section are responsible for proofreading
the draft legislation and ensuring that all details are correct. The Bill is then printed by
Parliament.
42
• A Bill can be introduced in the NA or the NCOP, except for a money Bill, which can
only be introduced in the NA. “Money Bill” is the name given to any Bill which supplies
the Government with funds to enable it to govern the country.
• Items for discussion are put on an order paper. This means that as new issues and Bills are
created and come up for discussion, they are automatically put at the bottom of the list
of items to be discussed.
• All documentation, and therefore also Bills and Acts of Parliament, must be numbered.
Numbering must be sequential (follow each other numerically) from general election
to general election. Because the new Constitution of 1996 had established a new (and
the second) Parliament of South Africa, the numbering was started in 1996 with “First
Session, Second Parliament.” The next item in the numbering sequence would be a
specific numbering devised for the type of Bill or document, e.g. “B” for Bill. The next
part would be a number showing the number on the order paper e.g. “9” which means
that it is the ninth Bill to be discussed, and then the year, e.g. “02.” A complete number
(for example) will therefore be: Seventh Session. Second Parliament. B9-02.
• There are four types of Bills. The Joint Tagging Mechanism (JTM) (a group of presiding
officers) decides into which category a Bill falls. The types of Bills are:
– Amendments to the Constitution
– Ordinary Bills that do not affect provinces
– Ordinary Bills affecting provinces
– Money Bills (dealing with appropriations, taxes, levies or duties). These are only
introduced by the Minister of Finance in the NA.
• As soon as the Bill has been officially introduced in Parliament and placed on the Order
Paper, it goes to a committee of Parliament for consideration. The Bill is therefore
debated in parliamentary committees in both houses of Parliament. If the Bill affects
provinces, it is introduced in the NCOP first. During this first phase, the principles,
background and reasons for the Bill are analysed.
• These committees are called portfolios or select committees and consist of members
of the different parties represented in Parliament. Each house has therefore its own
committees and it is regarded as the engine room of Parliament.
• The bill is discussed in detail in the committee, something which Parliament in a full
sitting cannot do because it would take too much time. A portfolio or select committee
represents a microcosm of Parliament.
• Clerks from the Committee Section, in consultation with the chairpersons of the
committees, are responsible for scheduling meetings, giving members notice of such
meetings, securing venues and providing the relevant documentation. These committees
have the power to hear representations from interested parties outside Parliament and, if
necessary, to amend the Bill.
• If the public is very interested in the Bill, public hearings will be organised. A typical
example was the Abortion Bill. Transparency is an essential feature of the legislative
process. Members of the public can make either oral or written submissions to the
relevant committee by contacting the Committee Section of Parliament.
• After a Bill has been discussed, amendments (refining) may be made. It may even be
sometimes necessary to introduce a new Bill. Normally, after the committee discussed
the Bill, an report is issued.
• The Bill is then placed on the Order Paper for its “second reading”.
• During the second reading debate, members of all parties get an opportunity to state
their views on the provisions of the particular Bill. It could be referred back to the
committee and then again to the houses if changes are proposed during the second
reading.
43
• Once a Bill has been debated and agreed to by the House in which it was introduced, it
is sent to the other House, in which a similar procedure is followed.
• If there is disagreement between the two houses, it is referred to a Mediation
Committee. If the Committee does not give a finding within 30 days, the Bill lapses
(falls away), unless the NA adopts (decides to put it on the order paper) it again.
• If both houses have approved it (passed it), it goes to the President of the Republic of
South Africa to be signed.
• Only when it has been signed by the President and promulgated (declared official) in the
Government Gazette (where it is published) does it become a law of the land.
• The Bill is now an Act of Parliament – also called a law of the land. It takes effect on the
date of publication.
Example 1: List of Order Papers (http://www.parliament.gov.za)
44
Example 2: Parliamentary papers (http://www.parliament.gov.za)
45
Example 3: Question papers (http://www.parliament.gov.za)
46
5. Explain what you understand under “legislative Parliamentary competence over

provinces”.
“The Constitution stipulates that no provincial law may materially prejudice any economic,
health or security interests of another province or the country as a whole. Any Act of
Parliament will, therefore, prevail over provincial laws in the following areas:
• Where an Act of Parliament deals with matters that cannot be regulated effectively by
provincial legislation;
• Where an Act of Parliament deals with matters that require to be regulated or co-
ordinated by uniform norms or standards that apply generally throughout the RSA;
• Where an Act of Parliament is necessary to set minimum standards across the nation for
rendering of public services.
Where an Act of Parliament is necessary for the maintenance of economic, health and
security services, the protection of the environment, the promotion of provincial commerce
and other important services to be regulated by national law.”
6. Name four types of bills.

• Amendments to the constitution.
• Ordinary Bills that do not affect provinces.
• Ordinary Bills that affect provinces.
• Money Bills (dealing with appropriate taxes, levies or duties).
7. What is a “snap debate?”

A “snap debate” is a quick and important debate on an important and urgent national issue,
for example, gun control.
The Parliamentary website provides the following example of requests for snap debates:
(http://parliament.gov.za)
REQUESTS FOR SNAP DEBATES

Seven requests for snap debates were received between July and November. The following
two requests were granted:
a) The delay in paying out the proceeds of the National Lottery (27 September 2000); and
b) The origin of Aids and its implications for treatment in South Africa (10 October 2000).
Among the reasons given for declining requests were:

• the matter had already been dealt with in the same session
• a request did not raise a specific and definite matter and
• other opportunities on the programme to raise the matter.
Requests for snap debates in terms of Rules 103 and 104 were also received from the Chief
Whip of the Majority Party. In response to these requests, the Chief Whip of the Majority
Party was initially informed on behalf of the Speaker’s Office that his position as Chief
Whip offered him the opportunity to arrange such a debate through the programming
process without having to apply for it, and that Rules 103 and 104 were “ordinarily used
as a mechanism to allow opposition parties to seek the intervention of the Speaker in the
programming process”.
47
However, the Speaker subsequently, in a letter to the Chief Whip of the Majority Party,
clarified that he had been given incorrect information and confirmed the correct position
regarding Rules 103 and 104, as follows:
The rules and the criteria on which requests are considered are the same for all political
parties. You will recall that the ANC has on a number of previous occasions requested
debates in terms of these rules. The majority party should continue to do so.
Of course, by agreement of all parties, debates can be scheduled. The debates under Rules
103 and 104 do not require agreement of all parties.
8. May Members of Parliament say whatever they want? What is this called?
Members have complete freedom of speech in Parliament. They have the right to say
anything, produce anything or hand in anything as long as they stay within the rules of
Parliament. This is called parliamentary privilege.
9. Where is a complete record of parliamentary discussions published?

The Hansard is a “Parliamentary Journal” which is a complete record of all the debates in
Parliament.
An example of an extract of a Parliamentary Debate from Hansard, February 18, 2016

“THURSDAY, 18 FEBRUARY 2016
PROCEEDINGS AT JOINT SITTING
Members of the National Assembly and the National Council of Provinces assembled in the
Chamber of the National Assembly at 14:06.
The Speaker of the National Assembly and the Chairperson of the National Council of
Provinces took the Chair.
The Chairperson of the National Council of Provinces requested members to observe a

moment of silence for prayer or meditation.
REPLY BY THE PRESIDENT TO DEBATE ON STATE OF THE NATION ADDRESS
The PRESIDENT OF THE REPUBLIC: Speaker, Chairperson of the National Council of

Provinces, all presiding officers, hon Deputy President, hon Ministers and Deputy Ministers,
premiers, and fellow South Africans, I would like to thank hon members for their participation
in the state of the nation address debate. This debate has taken place during a difficult period
for the people of Barberton in Mpumalanga and indeed the whole nation.
Three mine workers remain painfully trapped underground at Lily Farm gold mine: Yvonne
Mnisi, Pretty Nkambule and Solomon Nyirenda. The families are in deep pain and feel
helpless in such an overwhelming situation. We once again request that we all keep the families
of the three compatriots in our thoughts and prayers. Government is providing as much
support as possible to the families during this most difficult time. This incident has brought
48
into sharp focus the question of mine safety. We want to know what happened so that this can
be prevented in future. Government will further prioritise this matter in discussions with the
mining sector. It is a truly painful and frustrating situation for all.
Last Thursday, we placed the economy of our country on the centre stage. Our country,
together with many other economies in the world, faces a challenging economic reality. Eight
years after the financial crisis, the global economy continues to show signs of strain. Low
commodity and oil prices have placed the balance sheet of commodity-exporting countries
like ours under strain. This is a serious matter. If the economy does not grow, jobs will not be
created, and existing jobs are at risk.
The 2016 state of the nation address is thus about uniting the country in boosting economic
growth and creating jobs that will lead to a better life for all our people.
Inkulumo yesimo sezwe ibigxile kwezomnotho. Ikhuluma ngokuntengantenga kwezomnotho

nokuthi kumele senzeni ukuze sibuyise amandla omnotho ukuze kwakheke imisebenzi………”
10. Describe the tasks of the National Assembly.

• The NA begins its work at 14:00 from Monday to Thursday and at 9:00 on a Friday
until the business of the day is complete.
• When a member wishes to speak, he should address the Chair (this means that before he
starts his speech, he must say : “Madam Chair”, and then continue with his speech).
• All speeches, explanations, etc. have set time limits.
• The NA must follow the following sequence in a day of business:
– Opportunity for silent prayer or meditation
– Announcements from the Chair (Speaker)
– Notices of motion (something someone wants to discuss)
– Formal motions
– Opportunity for statements by members
– Opportunity for statements and personal explanations by Cabinet members
– Petitions (something being asked)
– Orders of the day and notices of motion on the Order Paper to be dealt with in
sequence (bills, etc.).
• NA has to discuss issues and Bills and make decisions.
• Preparation and work on Bills take place through committees. There are different
types of committees in the NA. They are :
– A Rules Committee
– A Programme Committee
– A Disciplinary Committee
– The Committee of Chairpersons
– The Committee on Public Accounts
– The Committee on Private Member’s Legislative Proposals and Special Petitions
• Committees may also initiate (start) discussion on a Bill; they do not always have
to wait to have something given to them to work on. These committees are called
portfolio committees. Each committee supervises the work of a (one) government
department. There are therefore portfolio committees in the NA for every department
e.g. the Portfolio Committee on Education, etc.
• Any ad hoc (specific subject) committees may be established for a particular purpose.
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• After discussion and amendment (change) in a committee, the NA has to vote on the
issue or Bill.
• Decisions are taken in the form of votes.
• Voting on a Bill can only take place if the majority of the members is present.
• Voting on an issue may be taken if a third of the members are present.
• A majority of votes is necessary for a decision to be taken.
• The NA may make laws on anything except issues on which only a province can make
laws e.g. language policy (and money Bills).
• The NA can change the Constitution, and give lawmaking powers (except to change
the Constitution) to other legislative bodies, e.g. a municipal council.
• The Sergeant-at-Arms may remove anyone who misbehaves, or who is not allowed to
be in the House.
The Parliamentary website’s explanation of the tasks of the National Assembly

OFFICE BEARERS OF THE ASSEMBLY

At its first sitting after a general election, the National Assembly elects the Speaker, the
principal office bearer of the Assembly. The Speaker has many responsibilities which include
constitutional, statutory (in terms of the law), procedural and administrative powers and
functions. The duties of the Speaker fall broadly into three categories, namely –
• presiding over sittings of the House, maintaining order and applying its rules;
• acting as representative and spokesperson for the Assembly and (with the Chairperson of
the Council) for Parliament; and
• acting as chief executive officer for Parliament, in conjunction with the Chairperson of the
Council.
The Speaker is equivalent in rank to a Cabinet Minister. Though the Speaker is a member of a
political party, he or she is required to act impartially and protect the rights of all parties.
In performing his or her functions, the Speaker is assisted by the Deputy Speaker and three
House Chairpersons, each with specific areas of responsibility determined by the Speaker.
To ensure the proper functioning of the House, the presiding officers are assisted by the whips.
Whips are party-political functionaries. A whip is a member selected by his or her party to
assist in organising party business, keeping members informed of party and parliamentary
business, ensuring that members attend committee meetings and debates in the House,
arranging for their members to speak in debates, and to perform many other duties. The Chief
Whip of the Majority Party, by virtue of his or her party being the majority party, also has
certain duties in relation to proceedings of the House. Recognition is also given to the chief
whip of the largest minority party. He or she is called the Chief Whip of the Opposition.
As the leader of the largest minority party (or largest party that is not in government), the
Leader of the Opposition enjoys a special status in Parliament. The post is specified in the
Constitution and the rules and is accorded a specific salary, though he or she has no specific
duties in terms of the rules.
RELATIONS WITH THE EXECUTIVE

There are three office bearers who facilitate liaison between Parliament and the executive. The
Leader of Government Business is appointed from the Cabinet by the President to take care of
the affairs of the executive in Parliament. That includes the programming of business initiated
by the executive and arranging the attendance of Cabinet Ministers in respect of parliamentary
50
business. The Speaker may also select two members of the Assembly to act as Parliamentary
Counsellors, one to the President and the other to the Deputy President. These members
are responsible for facilitating communication between the Assembly and the offices of the
President and the Deputy President.
HOW THE NA WORKS

Some of the tasks of the Assembly, particularly those involving detailed consideration of
matters, are more appropriately performed by a smaller group than the Assembly sitting in
plenary, i.e. as the full House. Much of the Assembly’s work is therefore done in committees,
but the final decisions on all matters are taken by the House. The House always has the final
authority.
Committees
In accordance with the powers given to it by the Constitution, the Assembly establishes a
range of committees with assigned powers and functions. The committees are required to
report regularly on their activities and to make recommendations to the House for debate and
decision. A large part of the Assembly’s role in the lawmaking process happens in committees
and much of its oversight over the executive is also done through committees, particularly the
portfolio committees.
There is a portfolio committee for each corresponding government department. The

composition of the committees reflects, as far as is practicable, the numerical strengths of
the parties represented in the Assembly. That committee will deliberate on Bills covering
that department’s area of jurisdiction and scrutinise and report on its annual budget and
strategic plan. As the people’s representatives, members of the committees determine whether
government departments are delivering on what they promised and whether they are spending
the public money they receive in a responsible manner. As part of their oversight work,
committees may also do site visits where they find out directly from the people at ground level
whether the government is delivering on its promises.
If a committee reports on a matter and makes certain recommendations, that report will be
debated in a full sitting or plenary to give other members of the House an opportunity to
engage with the content of the report. Once the report has been debated, the House decides
whether to adopt the committee’s recommendations. The House may also decide only to note
the report or it may refer the report back to the committee with an instruction to do further
work.
Members’ statements
In addition to dealing with government business, usually Bills initiated by the executive,
individual members (sometimes called “private members”) have several ways of bringing
matters to the attention of the House. A member may give notice that he or she intends
moving a motion in the House. A motion is a way of asking the House to take a decision on or
to debate a particular matter. The rules also make provision for members’ statements on certain
days. During members’ statements, 15 members get an opportunity to make a statement for
a minute and a half on a topic of their choice. At least six Ministers are then afforded two
minutes each to respond to any of the statements. The opportunity for members’ statements
was created mainly to give members a chance to raise constituency issues in the House.
Furthermore, if there is a burning issue of grave importance that a member wants the House
to discuss as soon as possible, he or she may request the Speaker to agree to accommodate a
debate on a matter of public importance.
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Statements by Cabinet members

A Cabinet member may make a factual or policy statement relating to government policy, any
executive action or similar matter of which the Assembly should be informed. The Minister in
question asks the Speaker for an opportunity to make such a statement. Each political party is
allowed an opportunity to respond to such a statement.
Private Members’ Legislative Proposals

Members may also submit legislative proposals for consideration by the House. The member
submits the proposal for new legislation or amending legislation to the Speaker. It is then
tabled and referred to the Committee on Members’ Legislative Proposals and Special Petitions.
That committee will look at the proposal and advise the House on whether it is a good idea
to proceed with such legislation. If the House agrees, the member submits a draft Bill and it is
referred to the relevant portfolio committee for processing.
Questions
Another important mechanism the Assembly has of holding the executive to account is
questions to the President and Cabinet Ministers. Members submit questions by certain
deadlines for oral or written reply. Question time in the National Assembly is usually on
Wednesdays, during which time the Ministers respond to the questions for oral reply. The
member who originally asked the question and members of other parties then get a chance to
ask follow-up questions and probe the matter further. The answers to questions for oral and
written reply are published in Hansard, the official record of the debates in Parliament.
The National Assembly has many other tasks and roles in addition to those mentioned above,
including the ratification of international agreements and the appointment of certain office
bearers such as the Auditor-General and the Public Protector.
For a detailed overview of seat allocation view the State of the Parties in the National
Assembly.
Click here to access information about the National Assembly in all the official languages of
South Africa.
11. Name the functions of the provincial legislature.

• The provincial legislature functions in a similar method as Parliament.
• It has a continuous session, but days and times are decided by each separate
legislature.
• Each legislature has its own Speaker and Deputy Speaker.
• At a debate or discussion, one third of the legislature must be present to take the vote,
but when a vote on a Bill is taken, the majority of the members must be present.
• Bills may be introduced only by a member of the Executive Council.
• Each provincial legislature may make its own laws (exclusive powers). These are the
matters which provincial administrations are in charge of within their own province.
These include:
– Agriculture (including abattoirs)
– Cultural affairs (Provincial)
– Education, with the exclusion of universities of technology and universities
– Health services (including ambulance services)
– Housing
– Language policy
– Police and protection services
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– Public transport (road and traffic)

– Tourism
– Local government
– Archives
– Libraries
– Museums (those which are not national)
– Liquor licences
– Sport and recreation
– Veterinary services.
• Each provincial legislature may also make laws together with Parliament (concurrent
powers).This includes administration of indigenous forests, agriculture, regional airports,
animal control and disease, casinos, racing, gambling and wagering (but not lotteries),
consumer protection, cultural affairs, disaster management, education (excluding tertiary),
environment, health services, housing, indigenous law, industrial promotion, language
policy in province, nature conservation (but not national parks, botanical gardens or
marine resources), media service, police, pollution development, property transfer fees,
provincial public enterprises, public transport, public works, regional planning and
development, road traffic, soil conservation, tourism, trade, traditional leaders, urban and
rural development, vehicle licensing, welfare services and local government affairs.
• The main function of the provincial legislature is to discuss and pass Bills though the
legislature. This process is followed in more or less the same way as in Parliament.
• Decisions are made in Council by means of voting. All questions before a provincial
legislature must be decided by a majority of the votes cast, except where the Constitution
provides otherwise.
• A provincial legislature may determine and control its internal affairs.
• As in Parliament, all members of the provincial legislature have freedom of speech and
debate on the provincial legislature, subject to the rules and orders.
• After a provincial law has been passed, it is kept at the Constitutional Court.
• A provincial legislature may delegate its legislative power (the right to make a law) down
to a municipality.
• A provincial legislature must set up provincial administrative executive bodies.
• NOCP: Permanent delegates in the NOCP may take part in the debates within their own
provincial legislatures, but may not vote.
• Constitution: Each provincial legislature may adopt and change its own provincial
constitution. A provincial constitution must not be different from the national
constitution in any area, except for the institution (place), role, authority, status and
powers of a traditional monarch (king or queen).
• Finance
– Each province will receive an equitable (equally distributed according to various
factors) share of the national budget
– Each province may generate its own income
– Each province may impose taxes, levies or duties except income tax, VAT, general
sales tax, property rates and customs duties
– A province may impose a surcharge on income tax and taxes on casinos, gambling,
wagering and betting
– Power to impose taxes is regulated by Parliament
– The power to raise income may not be bad for the country
– Sometimes a province may raise loans
– Income must be paid into a Provincial Revenue Fund
– Withdrawals of money only happen according to a provincial law
– Transfer of money from the National Revenue Fund can be stopped if there is bad
provincial management.
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12. Describe the competence of a local legislature.

• The Municipal Council may make and administer by-laws for the effective
administration of the matters of the municipal area. A by-law that conflicts with
national or provincial legislation is invalid (Act 108 of 1996, Chapter 7, art 156(3.).
• The Municipal Council may prescribe procedures to levy and recover rates and taxes.
• It may prescribed how municipal income will be spent to provide the necessary
services to maintain the well-being of all citizens.
• It must ensure that national and provincial policy are enforced on local level.
• Municipalities therefore have the right to govern, on their own initiative, the
local government affairs of their communities, subject to national and provincial
legislation, as provided for in the Constitution.
• A Municipal Council is elected for a term that may not be longer than four years.
Municipal Councils in South Africa are a combination of proportional representation
and wards (see Module 2 on elections again). The same voters’ roll is used for municipal
elections as for national and provincial elections. The qualifications/requirements for
members of the Municipal Council (Councillors) is that anyone who can vote can be
elected. People who cannot be elected are persons who work for the municipality or
the state, someone who is a member of another legislative body or someone who may
not qualify as a member of the NA. People who serve on a Municipal Council are
most often leaders within the community.
• The municipality will make by-laws so that the town or city can be effectively
administered. These are the matters which the Municipal Council is in charge of in
the city/town. These laws could change from city/town to city/town. For instance,
one town may ban the use of fireworks altogether, where a city may allow fireworks
displays to take place within stadiums or parks. Once again, the by-law must never be
contradictory to national law. By-laws can be made about the following:
• Air and noise pollution • Cleansing

• Building regulations • Control over public nuisances
• Child care facilities • Control over food and liquor shops
• Electricity and gas reticulation • Care of animals
• Fire-fighting services • Fencing
• Tourism • Licensing of dogs
• Airports • Public places and amenities
• Planning • Sport facilities
• Health services • Markets
• Public transport • Abattoirs
• Pontoons, ferries, jetties, piers and harbours (but • Parks and recreation
not on national and international shipping) • Roads
• Stormwater systems • Pounds
• Trading regulations • Refuse removal
• Water and sanitation services • Street trading
• Beaches and amusement facilities • Street lighting
• Billboards and advertisements • Traffic and parking
• Cemeteries, funeral parlours and crematoriums
• A Municipal Council will decide on its own working method. It can establish
committees but decisions about by-laws, taxes, loans and the budget must be taken
by the full Council. It operates in a transparent way, but it may close sittings when
necessary. A majority of members must be present for a vote to be taken. By-laws
cannot be approved if all members have not been given prior notice and the by-laws
have not been published for comments in the Provincial Gazette.
54
• MAYOR: The mayor will be chosen at the first sitting of a new council after a local
election. The person does not fulfil any administrative post, but will have an office
within the municipal building. The mayor acts as the ceremonial head and represents
the town as the first citizen. The mayor is often the leader of the local branch of the
political party that won the proportional seats during the local election.
• DEPUTY MAYOR: A deputy mayor is usually elected to assist the mayor in his
duties and to take over the duties of the mayor when the mayor is not available.
• COUNCILLORS: Councillors represent wards (geographical areas). The system of
ward representation is necessary for the accountability to local communities. Their
responsibilities are:
– to look after the interest of the residents in that area
– to be available for citizens to discuss their unhappiness
– to report back every four months to their constituencies
– to be honest, and act in a transparent manner
– to always act in the best interest of the community
– to attend meetings regularly
– that they may not use their position or privileges or confidential information for
private gain or to improperly benefit another person
– that they may not request, solicit or accept any reward, gift or favour for any
reason
– that they may not interfere or obstruct in the management or administration of
any department unless given the instruction by Council to do so. They may
therefore not give instructions to any public officials.
13. What are the qualifications for members of (a) the Provincial Legislature and (b)
Municipal Council?
(a) Provincial Legislature: The Constitution specifies that every citizen who qualifies to
vote for the NA is eligible to be a member of a provincial legislature. Parties taking
part in elections for the NA may also take part in the elections for a provincial
legislature.
(b) Municipal Council: The qualifications/requirements for members of the Municipal
Council (Councillors) is that anyone who can vote can be elected. People who cannot
be elected are persons who work for the municipality or the state, someone is a
member of another legislative body or someone who may not qualify as a member of
the NA. People who serve on a Municipal Council are most often leaders within the
community.
14. May persons who are permanent members of the NCOP be part of the discussions in
their own provincial legislatures?
Permanent delegates in the NCOP may take part in the debates within their own
provincial legislatures, but may not vote.
55
15. Compile a diagram of (a) National Legislature; (b) Provincial Legislature; (c) Local
Government Legislature.
(a) National Legislature
National Legislature
National Assembly National Council

of Provinces
Rules Committee Programme Committee 9 Provinces

10 Delegates
Disciplinary Committee Committee 6 Permanent Delgates

on Public Accounts 4 Special Delegates
Committee on Committee on Private Chairperson + 2

Chairpersons Members’ Legislative Deputy Chairpersons
Proposals and Special
Petitions
Portfolio Committees Chief Provincial Whip

Prov. Party Whip
Programme Whip
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(b) Provincial Legislature
Provincial Legislature
Office of Office of Standing

the Speaker the Secretary Committee
Environmental Affairs +
Development Planning
Local Government
Local Government
Local Government
Chairpersons’ Forum Finance + Budget Public

Economic Opportunities Committee Accounts
Tourism Human Settlements Committee on
Agriculture Transport + Public Works Premier
(c) Local Government Legislature
Local Government Legislature
Municipal
Council
Executive Proportional
Major Councillors
Executive Ward
Deputy Major Councillors
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16. What are the aims of local government?

• To provide democratic and accountable government for local communities.
• To ensure the provision of services to communities in a sustainable manner.
• To promote social and economic development.
• To promote a safe and healthy environment; and
• To encourage the involvement of communities and community organisations in the
matters of local government.
• A critical new (post-1994) object and task of municipalities is focused on sustainable
development. The national Constitution (Act 108 of 1996, Chapter 7, art (153.(a),
(b)) states in this regard:
“A municipality must – (a) structure and manage its administration and budgeting and
planning processes to give priority to the needs of the community, and to promote the
social and economic development of the community, and (b) participate in national and
provincial development programmes.”
17. Which categories do local municipalities fall into?

• Category A: a municipality that has exclusive municipal executive and legislative
authority in its area. These are metropolitan municipalities like Johannesburg, Cape
Town, Durban, Pretoria, Port Elizabeth etc
• Category B: a municipality that shares municipal executive and legislative authority
in its area with a category C municipality in whose area it falls. These are mainly
district municipalities where more than one town or area are grouped together, for
example, Winelands District Municipality, West Coast District Municipality, etc.
• Category C: a municipality that has municipal executive and legislative authority
in an area that includes more than one municipality. These are the single town
municipalities within a district municipality. Typical examples are: Paarl,
Stellenbosch, Worcester within the Winelands District Municipality.
18. What is SALGA and what does it do?

SALGA is the South African Local Government Association. It has a mandate to change
local government and to represent the interests of all the local governments together. They
plan to do this by:
• Establishing good labour relations practices.
• Representing, promoting, protecting and arguing the interests of local government at
national and provincial levels in many organs of state.
• Developing local government councillors and staff.
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(http://www.salga.org.za)
The South African Local Government Association (SALGA) is an autonomous association

of municipalities with its mandate derived from the Constitution of the Republic of South
Africa. This mandate defines SALGA as the voice and sole representative of local government.
SALGA interfaces with parliament, the National Council of Provinces (NCOP), cabinet as
well as provincial legislatures.
The association is a unitary body with a membership of 278 municipalities, with its national
office based in Pretoria and offices in all nine provinces. Our strength at SALGA lies in the
intellectual capital we have acquired through our people over the years and our values to be
Responsive, Innovative, Dynamic and Excellent underpin all that we do. Our mission to be
consultative, informed, mandated, credible and accountable ensures that we remain relevant
to our members and provide value as we continuously strive to be an association that is at the
cutting edge of quality and sustainable services.
Our role
In line with its mandate SALGA has set out its role to:
• Represent , promote and protect the interests of local government
• Transform local government to enable it to fulfill its developmental role
• Raise the profile of local government
• Ensure full participation of women in local government
• Perform its role as an employer body
• Develop capacity within municipalities
Our role can thus be summarised into four key roles

Advice and support – policy analysis, research and monitoring, knowledge exchange and
support to members.
Representation – stakeholder engagement; lobbying on behalf of local government in relation

to national policies and legislation
Act as an employer body – collective bargaining on behalf of our members; capacity building
and municipal HR.
Strategic Profiling – building the profile and image of local government locally and
internationally
Our role as an organisation is effectively played out through various programmes and working
groups. These working groups are responsible for facilitating:
• Co-operative governance between the spheres of government as directed by the National
Executive Committee or the Provincial Executive Committees.
• Consultation, co-ordination and participative decision-making between SALGA and its
members.
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19. Name six focus areas of by-laws.

Any six
• Air and noise pollution • Cleansing

• Building regulations • Control over public nuisances
• Child care facilities • Control over food and liquor shops
• Electricity and gas reticulation • Care of animals
• Fire-fighting services • Fencing
• Tourism • Licensing of dogs
• Airports • Public places and amenities
• Planning • Sport facilities
• Health services • Markets
• Public transport • Abattoirs
• Pontoons, ferries, jetties, piers and harbours (but not on • Parks and recreation
national and international shipping) • Roads
• Stormwater systems • Pounds
• Trading regulations • Refuse removal
• Water and sanitation services • Street trading
• Beaches and amusement facilities • Street lighting
• Billboards and advertisements • Traffic and parking
• Cemeteries, funeral parlours and crematoriums
20. Identify the category of a district municipality.

Category B: a municipality that shares municipal executive and legislative authority in
its area with a category C municipality in whose area it falls. These are mainly district
municipalities where more than one town or area are grouped together, for example,
Winelands District Municipality, West Coast District Municipality, etc.
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Module 7
Executive Authority of the
Three Levels of Government
• Provide background of the political and administrative executive institutions
and office bearers.
• Know the objectives and functions of executive functionaries and institutions
on all three governmental levels.
• Describe the powers and functions of the President.
• Explain the powers and functions of the Deputy Presidents.
• Describe the powers and functions of Ministers and Deputy Ministers.
• Describe the powers and functions of the Premier.
• Describe the powers and functions of Executive Councils.
• Describe the powers and functions of City and Town Councils.
• Explain the powers and functions of Executive Committees.
Activity 7 Page 83
1. Draw a diagram of the political and administrative executive institutions at:
a. National level
President
Deputy President
Cabinet
Minister
Deputy Minister
Director General
Deputy Director General
Chief Director Chief Director Chief Director
Director Director Director
Deputy Director Deputy Director Deputy Director
Assistant Director Assistant Director Assistant Director
Public Officials Public Officials Public Officials
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Module 7 • Executive Authority of the Three Levels of Government
b. Provincial level
Premier
Executive Council
Provincial Department Provincial Department Provincial Department
Head of Department Head of Department Head of Department
Chief Director Chief Director Chief Director
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Example of the Administrative Executive Authority at Provincial Government Level:

Department of Human Settlements: Western Cape Provincial Government (March 2016)
Bonginkosi Madikizela
Minister
Department of Human
Settlements
Thando Mguli Nathan Adriaanse

Head of Department Director
Department of Human Communications and
Settlements Stakeholder relations
Jacqueline Samson Phila Mayisela Francois de Wet

Chief Director Acting Chief Director Chief Director
Human Settlement Human Settlement Management Support
Planning Implementation (CFO)
Rob Smith
Rika van Rensburg Director Melvin Stoffels
Director Grant and Municipal Director
Planning Performance Management Financial Management
Andreas Fourie Benjamin Nkosi

Tracy Jooste
Director Director
Director
Professional and Project Strategic Management
Policy and Research
Management Services Support
Lionel Esterhuizen
Kahmiela August Brian Denton
Director
Director Director
Land and Asset
Affordable Housing Project Administration
Management
Alexis Rautenbach
Anthony Hazell
Acting Director
Acting Director
Enhanced People’s
Information Management
Housing Process (EPHP)
Phila Mayisela
Director
Regional Human
Settlement Support
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c. Local level
City Mayor
Deputy Mayor
Executive Committee
City Manager
City Financial Services Executive Managers

Secretary City Treasurer of Different Directorates
Example: Example:
Corporate Services Community Services
2. Describe the Cabinet by referring to the following aspects:

a. Composition of the Cabinet
The Cabinet consists of the President, as head of the Cabinet, the Deputy President and
Ministers. The President appoints the Deputy President and Ministers, assigns their
powers and functions, and may also dismiss them.
b. Cabinet procedures
• The President presides over Cabinet meetings.
• The Cabinet functions as a consensus-seeking body in reflection of the spirit of
national unity.
• Each Cabinet Minister administers and manages his own portfolio in accordance
with decisions made by the Cabinet.
c. State four portfolios created in the Cabinet

Any four (Portfolios as at March 2016. Source: http://www.gov.za)
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Current cabinet (March 2016)
Cabinet members Portfolios

Jacob Zuma President
Cyril Ramaphosa Deputy President
Mildred Oliphant Minister – Labour
Faith Muthambi Minister – Communication
Ebrahim Patel Minister – Economic Development
Thembelani Nxesi Minister – Public Works

Malusi Gigaba Minister – Home Affairs
Gugile Nkwinti Minister – Rural Development and Land Reform
Senzeni Zokwana Minister – Agriculture, Forestry and Fisheries
Pakishe Motsoaledi Minister – Health
Nomvula Mokonyane Minister – Water and Sanitation
Mashabane Nkoana Minister – International Relations and Co-operation
Lindiwe Zulu Small Business Development
Jeffrey Radebe Minister – Planning, Monitoring and Evaluation
Mosebenzi Zwane Minister – Mineral Resources
Bonginkosi Nzimande Minister – Higher Education and Training
Lynne Brown Minister – Public Enterprises
Nosiviwe Mapisa-Nqakula Minister – Defence and Military Veterans
Bathabile Dlamini Minister – Social Development

Siyabonga Cwele Minister – Telecommunications and Postal Services
Grace Pandor Minister – Science and Technology
Tshililo Masutha Minister – Justice and Correctional Services

Derek Hanekom Minister – Tourism
Nkosinathi Mthethwa Minister – Arts and Culture
Rob Davies Minister – Trade and Industry
Lindiwe Sisulu Minister – Human Settlements
Matsie Motshekga Minister – Basic Education
Tina Joernat-Pettersson Minister – Energy
Fikile Mbalulu Minister – Sport and Recreation
Nkosinathi Nhleko Minister – Police

Mbangiseni Mahlobo Minister – State Security
Ngoako Ramathodi Minister – Public Service
Elizabeth Peters Minister – Transport
Borno Molewa Minister – Environmental Affairs
Susan Shabangu Minister – Women
Pravin Gordhan Minister – Finance
David van Rooyen Minister – Co-operative Governance and Traditional Affairs
3. The threefold division of the authority of the state should fulfil certain requirements in
the democratic state. Briefly explain the THREE authorities of the state.
• Legislative authority – vested in Parliament.
• Executive authority – vested in the President who compiles a Cabinet.
• Judicial authority – vested in the courts.
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4. Ministers are appointed by the President as members of Cabinet for specific portfolios.
They are appointed to perform the functions stated in the Acts of Parliament and to
implement governmental policies in their departments. Briefly explain the FOUR
main group functions of ministers.
• Functions as members of Cabinet.
• Functions in Parliament.
• Functions as political office-bearers.
• Functions as leaders in the ruling political party
5. The Premier of a province has powers and functions entrusted to him/her by the
Constitution and any other legislation. Briefly state six functions that he/she can
perform without consulting with the Executive Council.
Any six
• Appoint or dismiss Executive Council members.
• Convene Executive Council meetings.
• Assent to and sign Bills.
• Refer a Bill to the legislature for further consideration.
• Refer a Bill to the Constitutional Court for a decision on the Bill’s constitutionality.
• Summon the Provincial Legislature to an extraordinary sitting to conduct urgent matters.
• To dissolve the Provincial Legislature and to call an election after a vote of no confidence
in the Executive Council has been passed by the Legislature.
• In performing all other functions, the Premier exercises his power together with the
Executive Council. This includes:
– Appoints commissions of inquiry
– Calls referenda for the province
– Assents to the provincial constitution
– Implements provincial legislation
– Implements national legislation
– Administers the province
– Develops and implements provincial policy
– Co-ordinates the provincial administration and its department
– Assigns powers and functions to the Executive Council.
6. Briefly discuss the role that the mayor of a town or city fulfils as head of the local
government.
• Presides at meetings of the executive committee.
• Performs the duties, including any ceremonial functions, and exercises the powers
delegated to the mayor by the municipal council or the executive committee.
• The deputy mayor exercises the powers and performs the duties of the mayor if the
mayor is absent or not available, or if the office of the mayor is vacant. The mayor may
delegate duties to the deputy mayor.
7. Explain the role of the town manager of a municipality.

• As head of administration, the municipal manager of a municipality is, subject to
the policy directions of the municipal council, responsible and accountable for the
formation and development of an economical, effective, efficient and accountable
administration equipped to carry out the task of implementing the municipality’s
integrated development plan.
• Operates in accordance with the municipality’s performance management system.
• Must be responsive to the needs of the local community to participate in the affairs of
the municipality.
• The management of the municipality’s administration.
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• The implementation of the municipality’s integrated development plan, and the

monitoring of progress with implementation of the plan.
• The management of the provision of services to the local community in an sustainable
and equitable manner.
• The appointment of staff subject to the Employment Equity Act, 1998 (Act No. 55 of
1998).
• The management, effective utilisation and training of staff.
• The maintenance of discipline of staff.
• The promotion of sound labour relations and compliance by the municipality with
applicable labour legislation.
• Advising the political structures and political office-bearers of the municipality;
• Managing communications between the municipality’s administration and its political
structures and political office-bearers.
• Carrying out the decisions of the political structures and political office-bearers
• of the municipality.
• The administration and implementation of the municipality’s by-laws and other
legislation.
• The exercise of any powers and the performance of any duties delegated by the
municipal council, or sub-delegated by other delegating authorities of the municipality,
to the municipal manager.
• Facilitating participation by the local community in the affairs of the municipality.
• Developing and maintaining a system whereby community satisfaction with municipal
services is assessed.
• The implementation of national and provincial legislation applicable to the municipality.
• The performance of any other function that may be assigned by the municipal council.
• As accounting officer of the municipality, the municipal manager is responsible and
accountable for: 1. all income and expenditure of the municipality; 2. all assets and the
discharge of all liabilities of the municipality; and 3. proper and diligent compliance
with applicable municipal finance management legislation.
8. Are Deputy Ministers part of Cabinet?

No, they are not part of the Cabinet, but they are also appointed by the President.
9. Name all the Departments which have Deputy Ministers.

Social Development
Tourism
State Security
Sport and Recreation
Home Affairs
Water and Sanitation
Mineral Resources
Human Settlement
Transport
Agriculture
Science and Technology
Economic Development
Justice and Correctional Services (2 Deputy Ministers)
Public Investment Corporation
Labour
Communications
Small-Business Development
Telecommunication and Postal Services
Public Works
Co-operative Government and Traditional Affairs
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Planning, Monitoring and Evaluation

Arts and Culture
Public Service and Administration
Police
Rural Development
Trade and Industry
Public Enterprises
Higher Education and Training
Defence and Military Veterans
Land Reform
Health
International Relations and Co-operation
Environmental Affairs
Basic Education
10. List 6 Schedule 4(b) and 6 Schedule 5(b) functions of a local authority.
Schedule 4(b) matters Schedule 5(b) matters

Air pollution Beaches and amusement facilities
Building regulations Billboards and the display of advertisements in public areas
Child care facilities Cemeteries, funeral parlours and crematoria
Electricity and gas reticulation Cleansing
Fire-fighting services Control of public nuisances
Local tourism Control of undertakings that sell liquor to the public
Municipal airports Facilities for the accommodation, care and burial of animals
Municipal planning Fencing and fences
Municipal health services Licensing of dogs
Municipal public transport Licensing and control of undertakings that sell food to the public
Municipal public works Local amenities
Pontoons, ferries, jetties, piers and Local sport facilities
harbours, excluding the regulations of
international and national shipping
Stormwater management in built-up areas Markets
Trading regulations Municipal abattoirs
Water and sanitation services limited to Municipal parks and recreation
potable water supply systems and domestic
waste-water and sewage disposal systems.
Municipal roads
Noise pollution
Pounds
Public places
Refuse removal, refuse dumps and solid waste disposal
Street trading
Street lighting
Traffic and parking
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11. List 5 functions of the Executive Council of a Provincial Government

Any five
• Determine policy for the management of the various provincial departments.
• Members of the Executive Council must administer and manage their provincial
departments in accordance with policy laid down by the Executive Council.
• The Premier may assign to a member of an Executive Council any powers and
functions of any other member who is absent from office or is unable to exercise those
powers or functions.
• Members of Executive Councils are individually accountable both to the Premier and
the Provincial Legislature.
• Assigns power to a municipality.
• May intervene when a municipal council does not follow regulations.
• Responsible for tasks given to them by the Premier.
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Module 8
Judicial Authority
• Discuss the aims of the Department of Justice.
• Discuss the concept “impartial and independent” court system.
• Discuss the composition, mandate and court proceedings of the Constitutional
Court.
• Briefly describe the role of the Supreme Court of Appeal.
• Briefly describe the role of the High Courts.
• Briefly describe the role of the regional courts, magistrate’s courts, small
claims courts, family courts and traditional courts.
• Describe the role of the Judicial Service Commission.
Activity 8 Page 93
1. The Constitutional Court is the court that has the highest judicial authority and it
is established for enforcing the Bill of Rights laid down by the Constitution. Briefly
explain its composition.
• The Constitutional Court consists of 11 judges.
• They are appointed by the President of the country after discussions with other members
of the Cabinet, political parties and the Judicial Service Commission.
• A President and a Deputy President of the Constitutional Court are appointed by the
President of the country from these 11 judges.
• The term of office for a judge of the Constitutional Court is not restricted, but the
persons must retire at the age of 75.
• Mogoeng Mogoeng is the current Chief Justice, and Dikgang Moseneke is the current
Deputy Chief Justice.
2. Discuss the court proceedings of the Constitutional Court.

• A matter before the Court must be heard by at least eight judges.
• Anyone wishing to bring a constitutional case before the Constitutional Court must
usually start in the High Court.
• In certain cases, legal aid will be provided.
• The Court does not hear evidence or question witnesses.
• The Court does not decide directly whether accused persons are guilty or whether
damages should be awarded.
• It usually works from written arguments presented to it. Most of the work of the Court
consists of reading and analysing documents and preparing judgments. {for this purpose,
each judge has two full time researchers to help him}
• The High Court has the power to assist where there has been dispute between provincial
and parliamentary legislation. If the High Court sets aside either the provincial or
parliamentary legislation, the Constitutional Court must confirm it. If the High Court
cannot come to a conclusion, the Constitutional Court can be appealed to.
• Hearings are open to the public and the press.
• No cameras or recorders are usually allowed.
• Sessions are 15 February to 31 March; 1 to 31 May; 1 August to 30 September and 1 to
30 November.
• The hours of argument are 10:00 to 11:15; 11:30 to 12:45 and 14:15 to 16:00.
3. Discuss the role of the High Courts in the RSA.

High Courts may decide any constitutional matter except something that the
Constitutional Court alone has the right to decide. A provincial or local division has
jurisdiction in its own area over all persons living in the area. All cause of action and all
offences are tried in the area. These courts usually hear matters that are so serious that the
lower courts would not be competent to make a proper judgment or prescribe a correct
penalty. Except where some minimum or maximum sentences are prescribed by law, these
courts can sentence offenders to life imprisonment if necessary. Decisions are binding on
Magistrates’ Courts within the areas of its jurisdiction (regional area).
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Module 8 • Judicial Authority
4. Explain the composition and functions of the Supreme Court of Appeal.

The Supreme Court of Appeal, situated in Bloemfontein in the Free State, is the highest court
in respect of all matters other than constitutional ones. It consists of the President and Deputy
President of the Supreme Court of Appeal, and 23 other judges of appeal. The Supreme
Court of Appeal has jurisdiction to hear and determine an appeal against any decision of a
High Court. Justice Lex Mpati is the President of the Supreme Court of Appeal.
Decisions of the Supreme Court of Appeal are binding on all courts of a lower order, and
the decisions of High Courts are binding on magistrates’ courts within the respective areas
of jurisdiction of the divisions.
In June 2015, President Zuma appointed Justices Nambitha Dambuza and Rammaka
Mathopo to the Supreme Court of Appeal in Bloemfontein.
5. Explain the composition and functions of the High Courts.
Information from the official South African Judiciary website:

http://www.judiciary.org.za/high-courts.html
The High Courts hear any case which exceeds the jurisdiction of the Magistrates’ Court or
when a person or organisation goes to the court to change a decision of a Magistrates’ Court,
which means appealing a case.
Cases of the High Court are listened to by one Judge, meaning a person with many years of
practical experience. However, if it is a case on appeal, then at least two Judges must hear the
case.
Sometimes if the case is about a very serious crime then a Judge and two experienced people in
law, who are usually advocates or Magistrates who have retired, will listen to the case. The two
people are called assessors. The assessors usually help the Judge to make a decision.
The High Court divisions have “jurisdiction” – the right to hear a case – over defined
provincial areas in which they are situated, and the decisions of the High Courts are binding
on Magistrates’ Courts within their areas of jurisdiction. They usually only hear civil matters
involving more than R100 000, and serious criminal cases. They also hear any appeals or
reviews from lower courts (Magistrates’ Courts) which fall in their geographical jurisdiction.
The High Court usually hears any matter involving a person’s status (for example, adoption,
insolvency, etc.).
Important officers in a High Court Division:

• The Registrar of the High Court – The functions of a registrar are mainly administrative.
The registrar also has semi-judicial duties, e.g. issuing summonses, warrants, subpoenas,
etc. Other important duties of a registrar are that of taxing-master for that particular High
Court division. Registrars also compile case lists, arrange available courts, lend assistance to
Judges in general and keep records.
• The Family Advocate – The Family Advocate assists the parties to reach an agreement on
disputed issues, namely custody, access and guardianship of children. If the parties are
unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances
in light of the best interests of the child and makes a recommendation to the Court with
regard to custody, access or guardianship.
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• The Master of the High Court – The Master’s Branch is there to serve the public in respect
of:
– Deceased Estates;
– Liquidations (Insolvent Estates);
– Registration of Trusts;
– Tutors and Curators; and
– Administration of the Guardian’s Fund (minors and mentally challenged persons).
• The Sheriff of the Court – The Sheriff is an impartial and independent official of the Court
appointed by the Minister of Justice and Constitutional Development who must serve or
execute all documents issued by our courts. These include summonses, notices, warrants
and court orders.
• The Directors of Public Prosecutions are responsible for all the criminal cases in their
provinces, so all the prosecutors are under their control. The police bring information about
a criminal case to the Director of Public Prosecutions or his/her representative prosecutors.
The Director of Public Prosecutions or his/her representative prosecutor then decides
whether there is a good reason to have a trial and whether there is enough information to
prove in court that the person is guilty.
• The State Attorney – The State Attorney’s Division of the Department of Justice functions
like an ordinary firm of attorneys, except that its clients are the different departments of
government and not private individuals. The state attorney’s major function is to protect
the interests of the State by acting for all government departments and administrations in
civil cases, and for officials sued in their official capacity.
There are currently 14 Provincial Divisions of the High Court. They are situated in the
following areas:
• Eastern Cape High Court (Bhisho)
• East Eastern Cape High Court (Grahamstown)
• Eastern Cape High Court (Mthatha)
• Eastern Cape High Court (Port Elizabeth)
• Free State High Court (Bloemfontein)
• North Gauteng High Court (Pretoria)
• South Gauteng High Court (Johannesburg)
• KwaZulu-Natal High Court (Durban)
• KwaZulu-Natal High Court (Pietermaritzburg)
• Limpopo High Court (Thohoyandou)
• Northern Cape High Court (Kimberley)
• North-West High Court, Mafikeng (Mmabatho)
• Polokwane Circuit Court of the North Gauteng High Court, Pretoria
• Western Cape High Court (Cape Town)
Circuit Courts are also part of the High Court. They sit at least twice a year, moving around to
serve more rural areas. They can be contacted through the High Court.
The Special Income Tax Courts sit within provincial divisions of the High Court and consist
of a Judge of the High Court assisted by an accountant of not less than 10 years’ standing,
and a representative of the business community. These courts deal with any disputes between
taxpayers and the South African Revenue Service, where the disputes involve an income tax
assessment of more than R100 000. Appeals against their decisions are made directly to the
Supreme Court of Appeal. Tax disputes involving an assessment of less than R100 000 go to
the Tax Board. The Tax Board is chaired by an attorney, advocate or accountant who works
74
in the private sector and is specifically appointed by the President to assist as chairman of the
Board. Members of the public can contact the Special Income Tax Court through the High
Court and the Tax Board through the South African Revenue Service.
At present there also exist Labour Courts and Labour Appeal Courts. The Labour Courts
have the same status as High Courts. The Labour Courts adjudicate matters relating to labour
disputes between employers and employees. Labour Courts are mainly guided by the Labour
Relations Act which deals with matters such as unfair labour practices; for example: dismissing
an employee without giving notice. Labour Courts can order an employer or employee or
union to stop committing an unfair labour practice. Labour Courts are empowered to give
jobs back to employees who have lost their jobs unfairly, and so on. Labour Appeal Courts
hear appeals against decisions in Labour Courts and they are the highest courts for labour
appeals.
The Land Claims Court specialises in dealing with disputes that arise out of laws that
underpin South Africa’s land reform initiative. These are the Restitution of Land Rights Act,
1994, the Land Reform (Labour Tenants) Act, 1996 and the Extension of Security of Tenure
Act, 1997. The Land Claims Court has the same status as the High Courts. Any appeal against
a decision of the Land Claims Court can be lodged with the Supreme Court of Appeal, and if
applicable, the Constitutional Court. The Land Claims Court can hold hearings in any part of
the country if it believes this will make it more accessible and it can conduct its proceedings in
an informal manner if this is appropriate, although its main office is in Randburg.
The Water Tribunal is an independent body which has jurisdiction in all the provinces and
consists of a chairperson, a deputy chairperson, and additional members. It has jurisdiction
over water disputes. Members of the Water Tribunal must have knowledge in law, engineering,
water resource management or related fields of knowledge. They are appointed by the Minister
of Justice and Constitutional Development on the recommendation of the Judicial Service
Commission, the body which chooses Judges. The Water Tribunal replaced the Water Court in
1998. It can be contacted through the High Court.
6. What does the Land Claims Court do?

Information from the official South African Judiciary website:
http://www.judiciary.org.za/high-courts.html
The Land Claims Court specialises in dealing with disputes that arise out of laws that
underpin South Africa’s land reform initiative. These are the Restitution of Land Rights Act,
1994, the Land Reform (Labour Tenants) Act, 1996 and the Extension of Security of Tenure
Act, 1997. The Land Claims Court has the same status as the High Courts. Any appeal against
a decision of the Land Claims Court can be lodged with the Supreme Court of Appeal, and if
applicable, the Constitutional Court. The Land Claims Court can hold hearings in any part of
the country if it believes this will make it more accessible and it can conduct its proceedings in
an informal manner if this is appropriate, although its main office is in Randburg.
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7. What do the Magistrate’ Courts do?

Information: www.justice.gov.za
The Magistrates’ Courts are the lower courts which deal with the less serious criminal and
civil cases. They are divided into regional courts and district courts. In Criminal Courts
the state prosecutes people for breaking the law. Criminal Courts can be divided into two
groups:
• Regional Magistrates’ Courts
• Ordinary Magistrates’ Courts (also called District Courts)
The Regional Magistrates’ Courts at present only deal with criminal cases whereas the
district Magistrates’ Courts deal with criminal and civil cases.
Magistrates’ Courts can be divided into either criminal courts or civil courts.
The ordinary Magistrates’ Courts can hear civil cases when the claims are for less than
R100 000.
8. Discuss the structure of the Judicial Service Commission.

• The Judicial Service Commission consists of:
– The Chief Justice who presides at meetings
– The President of the Constitutional Court
– One Judge President chosen from amongst the Judges President
– The Cabinet member responsible for the administration of justice
– Two practising advocates nominated by other advocates
– Two practising attorneys nominated by other attorneys
– One teacher of law from a South African university
– Six persons from the NA chosen by themselves (three must be from the opposition
parties)
– Four permanent delegates to the NCOP
– Four persons nominated by the President
– Two other members who will become members of the Commission if a local or
provincial matter has to be decided. These two people will be the Judge President of
the division and the Premier of the province.
The Judicial Service Commission has the following tasks:
– Assists the President with decisions on appointing and dismissing judges
– Advises the national government on matters about the courts and the administration
of justice.
Judicial Service Commission (JSC)
http://www.judiciary.org.za/
The Judicial Service Commission was established in terms of section 178 of the Constitution
and consists of 23 members. In terms of section 178 (5) of the Constitution, the JSC
is entitled to advise the national government on any matters relating to the Judiciary or
administration of justice. Additionally it performs the following functions:
a) interviewing candidates for judicial posts and making recommendations for appointment to
the bench; and
b) dealing with complaints brought against Judges.
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The first function is handled by the JSC as a whole and the second is handled by a smaller
group of 13 commissioners. Complaints against Judges who contravene the Code of Judicial
Conduct must first be reported to the JSC Secretariat which is located within the OCJ. The
Code of Judicial Conduct provides for ethical and professional standards required of every
Judge.
As members of JSC act in other professional capacities, the JSC and its various committees
meet bi-annually. The JSC Secretariat is required to manage and facilitate the work of the JSC
throughout the year and to liaise with various JSC committees on matters they are tasked to
deal with by the JSC at its bi-annual meetings.
The JSC Secretariat is responsible for organising and financing the bi-annual meetings of
the JSC. The JSC meets for a week in April and October of every year. The meetings are
generally held in Cape Town. The JSC Secretariat makes all logistical arrangements for all
commissioners and is responsible for collating an agenda and documents relating to general
matters to be dealt with by the JSC.
9. Explain the working method of the traditional courts.

Traditional courts are also known as chief ’s courts. They have played a very important role
in delivering justice in the African community for centuries. A headman/chief or his deputy
may hear and decide on civil claims arising from indigenous law and custom. The case is
usually brought to him by a person living in his area against another person also living
within his area. The chief may only hear cases where there are disagreements, and not where
one person is accusing the other. Women are not allowed to speak within the hearing and
must be represented by a man. The working method is informal. Anyone is free to question
the witnesses. An appeal against a judgment is heard in a magistrate’s court. At present,
the maximum fine is R50, but the law commission suggests that it is raised to R500.
Sometimes, the power to hear a criminal case committed under common law or indigenous
law and custom may be heard by a chief or headman. He may not hear cases of certain
serious offences. The procedure will also be according to indigenous law and custom.
Source: http://www.justice.gov.za/
Courts for Chiefs and Headmen

These courts have jurisdiction to hear certain matters on the level of magistrates’ courts. They
are designed to deal with customary issues in terms of customary law. An authorised African
headman or his deputy may decide cases using indigenous law and custom (for example,
disputes over ownership of cattle or lobola), brought before him by an African against another
African within his area of jurisdiction. These courts are commonly known as Chiefs’ Courts. A
person with a claim has the right to choose whether to bring a claim in the chief ’s court or in a
magistrate’s court. Anyone who is not satisfied with the decision in a chief ’s or headman’s court
can take their matter to the ordinary courts.
10. Which types of cases will the Family Courts hear?

Divorce; Maintenance; Children’s cases; Family violence
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Module 9
Executive Public Institutions
• Explain the government’s hierarchy of needs.
• Describe the composition, functions and abilities of government departments
in general.
• Describe the goal, types, functions and abilities of quasi-autonomous
institutions.
• Describe the goal, types, types, functions and abilities of state-controlled
corporations.
• Describe the goal, types, functions and abilities of research institutions and
control boards.
• Describe the goal, types, functions and abilities of job and advice boards and
commissions.
Activity 9 Page 102

1. Explain the difference between political executive office-bearers and administrative
executive office-bearers.
The political executive authority represent, in effect, the citizens of the country and because
of this reason, they are elected as the Members of Parliament at national level, members of
provincial legislatures or members of Municipal Councils. The political executive authority
are assisted on a non-party-political basis by the administrative executive authority and
institutions filled by appointed officials based on their expertise in the various focus areas
and priorities. Their task is to manage and implement the political executive decisions and
related legislation approved at the different levels of government.
2. Draw a diagram of all the executive office-bearers at central level of government
Executive Office Bearers at Central Government Level
Executive Authority
Political
Cabinet Executive
Authority
President
Deputy President
Ministers
Administrative Executive Authority Deputy Ministers

Government Departments Not part of Cabinet
3. What executive responsibilities do state departments have as an executive institution?

State departments are given the responsibility to provide the physical, social and
administrative services, also known as public services. The mission is to meet the multi-
disciplinary needs of the citizens. That’s their only reason for existence.
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Module 9 • Executive Public Institutions
4. Compile a diagram of the organisational structure of a state department.
Minister
Deputy Minister
Director General
Chief Director Chief Director Chief Director Chief Director
5. Which body is the “watchdog” body of the public service?

Public Service Commission
6. Name the difference between a state department and a state corporation.

State department
State departments have the responsibility to provide the physical, social and administrative
services, also knowns as public services. The mission is to meet the multidisciplinary needs
of the citizens. They function under the leadership of a minister.
State-owned enterprise (SOE)//State corporation

State owned enterprises (or SOEs) do not operate alone. They are part of the economic
activities in the country and provide essential services.
The strategic plan states that the state will be the main shareholder and custodian. Its
role will be to set overall policy and it will act as regulator. It will take the main financial
decisions, while the decisions of the board will be functional and operational (which work
and how it will be done). In the role of regulator, the Board of Directors will be appointed
by the government. The Board will govern (manage) and control with the approval of
the Minister of Public Enterprises. Examples: South African Broadcasting Corporation
(SABC); Industrial Development Corporation (IDC); FOSKOR (Phosphate Development
Corporation).
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7. What is a state-owned enterprise?
A commercial SOE, or a government-owned corporation (GOC), or a government-linked
company, or a quasi-governmental organisation, or a state-owned company, or a state-
owned enterprise, or a publicly-owned corporation, or a government business enterprise,
government business corporation or a parastatal is defined as a legal entity created by a
government to undertake commercial activities on behalf of the owner, the government.
(Source: http://e.wikipedia.org/wiki/Government-owned corporation)
8. Name five research institutions.

Any five
• National Advisory Council on Innovation (NACI)
• Public Understanding of Science, Engineering and Technology (PUSET)
• National Research Foundation
• Agricultural Research Council (ARC)
• Council for Scientific and Industrial Research (CSIR)
• Mintek
• Human Sciences Research Council (HSRC)
• Medical Research Council (MRC)
• Council for Geoscience (CGS)
• South African Bureau of Standards (SABS)
• Sasol
• ISCOR
• Eskom
• South African Institute for Medical Research (SAIMR)
• Bureau for Economic Research
• National Institute for Tropical Diseases
9. Name six state institutions established to support and protect constitutional

democracy.
Any six.
CHAPTER 9 STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL

DEMOCRACY
(Source: National Constitution, Act 108 of 1996: Chapter 9.
CHAPTER 9 STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL

DEMOCRACY
The following state institutions strengthen constitutional democracy in the Republic:
(a) The Public Protector.
(b) The South African Human Rights Commission. [Para. (b) amended by s. 4 of the
Constitution Second Amendment Act of 1998.]
(c) The Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities.
(d) The Commission for Gender Equality.
(e) The Auditor-General.
(f ) The Electoral Commission.
(g) The Independent Broadcasting Authority
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Module 9 • Executive Public Institutions
10. Explain the functions/tasks of each one of the six state institutions established to
support and protect constitutional democracy that you named in Question 9.
Institution Functions/tasks
The Public Protector The Public Protector may investigate any conduct (except court decisions)
about wrong behaviour in public administration, to report it and to take steps
against the wrong-doers. Anyone can approach the Public Protector with a
complaint. A Public Protector is appointed for only one term of seven years.
The Human Rights The job of this commission is to promote respect for human rights, to
Commission establish and educate citizens about a culture of human rights and to monitor
and observe human rights in SA. They have to report their findings and may
take action against wrong-doers.
The Commission for This group must promote respect for gender equality and protect and develop
Gender Equality gender equality. They may lobby and advise on the matter.
The Auditor-General The Auditor-General must audit and report accounts, financial statements,
and financial management of all organs of state. All reports to and of the
Auditor-General are made public. The person who is appointed must
have specialised knowledge of or experience in auditing state finances. The
Auditor-General serves only one term of between five and ten years.
The Independent The IEC has to :
Electoral Commission • Manage all elections of all legislative bodies according to national
legislation
• Ensure that the elections are free and fair
• Declare the results of the elections within a period as short as is
reasonably possible
The IEC consists of at least three persons.
The Independent Their job is to :
Broadcasting Authority • Regulate broadcasting in the national interest
• Ensure fairness
• Ensure a diversity of views representing the South African society
The Commission for the This commission has to promote respect for the rights of cultural, religious
Promotion and Protection and linguistic communities and to promote peace, friendship, humanity,
of the Rights of Cultural, tolerance and national unity among these communities. They also have to
Religious and Linguistic report to the Human Rights Commission.
Communities
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Module 10
Generic and Management Functions
• Explain the classification of generic and management functions by a
schematic representation.
• Explain the classification of assistance and instrumental functions.
• Explain the classification of line functions.
Activity 10 Page 105

1. Name the four main classifications of the functions of public institutions.
• Generic administrative and managerial functions.
• Auxiliary functions.
• Instrumental functions.
• Functional or line functions.
2. Explain the four group of activities performed by public officials/institutions.
Generic administrative and Auxiliary function Instrumental Functional or

managerial function function line function
Policy-making and analysis Research Personal
Organising Conducting public relations Impersonal
Staffing Providing legal services
Financing Notification functions
Determining work methods and Constructing and maintaining
procedures information services
Controlling
3. Explain, with examples, generic administrative functions.

• Generic administrative functions can be divided into (a) conceptual and directive
functions and (b) managerial functions. The table below provides examples of each of
these two functions:
Generic administrative functions

Conceptual and directive functions Managerial functions
Policy-making and analysis Policy implementation
• Identifying needs • Setting vision, missions, objectives and goals
• Preparing legislation • Planning programmes
Organising Organising
Devising and improving structures • Setting duty inventories for units and
individuals
Staffing Staffing
• Devising systems • Leading
• Preparing legislation and other directives • Motivating
• Training
• Merit rating
• Maintaining discipline
Financing Financing
• Devising financing systems • Costing: cost benefit analysis
• Preparing estimates of income and expenditure • Preparing draft estimates
• Making audit arrangements • Accounting
• Auditing
• Reporting
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Module 10 • Generic and Management Functions
4. Explain, with examples, auxiliary functions.

Auxiliary functions means to assist and help in the work process. The table below provides
examples of auxiliary functions
Research activities Finding out information needed to write reports, etc.

The collection of census information is an example.
Public relations activities Public relations activities make sure that the
relationship between government and the citizens of
the country stay healthy. Giving regular information to
the public through television broadcasts is an example.
Legal service activities Providing all persons who work for government with
legal information and assistance.
Notification (letting know) activities Publishing official gazettes and other publications.
Information systems activities Ensuring stable and state-of-the-art computer systems

for information storage and retrieval.
5. Explain, with examples, instrumental functions.

Instrumental activities refer to the activities which make it possible for staff members to do
their work. Instrumental activities fall within two areas:
Personal area This is the provision of systems for communication to take place without problems
e.g. translators, provision of secretaries to organise meetings, etc.
Impersonal area This is the provision of offices, workshops, furniture, stationery, etc.
6. Explain with examples line functions.

Line activities/functions must ensure that there are professional and competent persons in
the different functional/line areas of work. Examples include:
• Building roads
• Nursing patients
• Transporting goods
• Education
• International affairs
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88
Module 11
Budgetary Control
• Name the three parts of the budget.
• List the tasks of the Department of Finance.
• Name the purpose of the budget.
• Name the different types of expenditure.
• Discuss the budgeting process.
• List the sources of government revenue.
• Discuss the financial control methods.
• Name and discuss the different control bodies.
Activity 11 Page 113

1. What does government use to plan the getting and spending of public money?
Budget
2. Name the three parts of this plan.

• The acquisition (getting) of public funds (income).
• The spending of funds.
• Control over public funds.
3. Which department is responsible for the financial administration of the country?

National Treasury
NATIONAL TREASURY
Pravin Stadi Mngomezulu Anthony Julies Kenneth Brown Dondo Mogajane Michael Sachs
Head: Corporate Head: Asset Head: Chief Head: Public Head: Budget Office
Gordhan Service and Liability Procurement Office Finance • Expenditure
Minister of • Strategic Projects Management • Transversal • Protection Services Planning
Finance and Support • Sectoral Oversight Contracting • Economic Services • Public Finance
• Human Resources • Liability • SCM Policy, • Administrative Statistics
Management Management Norms and Services • International
• Chief Financial • Financial Standards • Education Development
Officer Operations • Strategic and Related Co-ordination
• Information and • Strategy and Risk Procurement Departments and • Fiscal Policy
Communications Management • SCM Client Labour • Public Entities
Technology • Governance and Support • Health and Social Governance Unit
Mcebisi Financial Analysis • SCM Information, Development • Public Sector
Jonas Communication • Urban Remuneration
Deputy and Technology Development and Unit
• SCM Governance, Infrastructure
Minister of Monitoring and • National Capital
Finance Compliance Projects
• Project
Management Unit
Malijeng Ngqaleni Ismail Momoniat Mmakgoshi Phetla- Monale Ratsoma Jayce Nair
Head: Head: Tax and Lekhete Head: Economic Acting Head: Office
Intergovernmental Financial Sector Head: International Policy of the Accountant-
Relations Policy and Regional • Modelling and General
Lungisa • Local Government • Financial Sector Economic Policy Forecasting • Capacity Building
Budget Analysis Development • African Economic • Microeconomic • MFMA
Fuzile • Intergovernmental • Financial Services Integration Policy Implementation
Director- Policy and • Financial Stability • International • Macroeconomic • Accounting
General Planning • Economic Tax Finance and Policy Support and
• Provincial and Analysis Development • Regulatory Impact Integration
Local Government • Legal Tax Design • Global and Assessment • Internal Audit
Infrastructure Emerging Markets Support
• Provincial Budget • Country and • Risk Management
Analysis Thematic Analysis • Technical Support
• Neighbourhood Services
• Media Development Unit • Governance
Liaison and Monitoring and
Compliance
Communications
• Specialised Audit
• Legal services Services
• Legislation Andrew Donaldson • Financial Systems
• Internal Audit Acting Head: Government • Integrated
Function Technical Advisory Centre (GTAC) Financial
• Technical Assistance Unit Management
• Chief Risk Officer Systems (IFMS)
• Public Private Partnership Unit
(http://www.treasury.gov.za)
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Module 11 • Budgetary Control
4. What are the tasks of this department?

• Carry out the overall economic and financial policy of the government.
• Control state finances.
• Draw up income and expenditure budgets.
• Deal with state tenders.
• Control financial institutions (banks).
• Decide on taxation structure.
(http://www.treasury.gov.za/nt/info.aspx)
The Role of the National Treasury

The National Treasury is responsible for managing South Africa’s national government
finances. Supporting efficient and sustainable public financial management is fundamental
to the promotion of economic development, good governance, social progress and a rising
standard of living for all South Africans. The Constitution of the Republic (Chapter 13)
mandates the National Treasury to ensure transparency, accountability and sound financial
controls in the management of public finances.
The National Treasury’s legislative mandate is also described in the Public Finance
Management Act (Chapter 2). The National Treasury is mandated to promote government’s
fiscal policy framework; to co-ordinate macroeconomic policy and intergovernmental
financial relations; to manage the budget preparation process; to facilitate the Division
of Revenue Act, which provides for an equitable distribution of nationally raised revenue
between national, provincial and local government; and to monitor the implementation of
provincial budgets.
As mandated by the executive and Parliament, the National Treasury will continue to
support the optimal allocation and utilisation of financial resources in all spheres of
government to reduce poverty and vulnerability among South Africa’s most marginalised.
Over the next 10 years, National Treasury priorities include increasing investment in
infrastructure and industrial capital; improving education and skills development to raise
productivity; improving the regulation of markets and public entities; and fighting poverty
and inequality through efficient public service delivery, expanded employment levels,
income support and empowerment.
5. How long does it take to plan the finances of the government?

The planning of the budget takes 14 months.
6. What is the financial plan used for?

• To make sure that the state has the necessary money it needs to do its work.
• As a policy document, which lists which projects and programmes have been approved.
• To clearly indicate the priorities of government.
• As an information document.
• As a work programme for different departments.
• As a control instrument by the Minister of Finance to create conditions which will
stimulate economic growth in the country.
• By the Minister of Finance to create conditions which will stimulate economic growth
in the country.
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7. What is money coming into the government funds called?

Revenue
8. What is it called when the government spends money it does not readily have available?
Deficit
9. Why does this action have a negative impact on the country?

Deficit spending has a negative influence on future budgets, because interest has to be paid
on loans, and less money is then available for other things.
10. Name the different types of expenditure.
• The current • When money is needed every month for the same items – for example – salaries,
account transport costs, etc.
• Capital • When, for example, property is bought, forests are planted, dams are built, etc.
expenditure
• Transfer • Money that is transferred to departments for loans, aid, etc.
payments
11. Briefly explain the budgetary cycle.

Each budget is part of an ongoing three-year plan called the Medium-Term Expenditure
Framework (MTEF). Planned expenditure for the year immediately ahead (year 1 of the
MTEF cycle) is fixed while the two years after that (years 2 and 3 of the MTEF cycle) are
revised in the next budget cycle.
12. Discuss the budgeting process in detail.

The budgeting process is broken up into four phases:
• The preparation phase: This is when the needs of the community are identified by
each department; aims and goals are set; aims for projects are closely examined
to make sure that they are necessary; a responsible/accountable person is identified;
expenditure items are listed.
• The approval phase: Draft departmental budgets are prepared. These departmental
budgets must promote (work for) transparency, control and use recognised accounting
practices. The budgets of all the departments are combined by the Department of
Finance. An amount of money is included for expenditure which could not be
foreseen. The Minister of Finance introduces his budget in Parliament outlining where
the money will be coming from. He tables three Bills in the NA :
– The Division of Revenue Bill, which shows how money will be divided amongst the
levels of government and provinces
– The Appropriation Bill, which sets money aside for national government and shows
how it will be divided amongst the national departments and state institutions
– The Income Tax Laws Amendment Bill, which amends the tax laws to make sure that
the government can raise enough money.
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• The budget is usually broadcast on national television and radio during its
presentation in Parliament. It is then discussed in portfolio committees. The next step
is to debate the Bills in the NA and a vote is taken. After this, they are sent to the
NCOP, debated, and voted on. The budget Bills are money Bills. At the moment,
Parliament can only either accept the Bill as it is, or reject it totally.
• The executive phase: The Act which describes the spending in detail is published. Plans
are put into motion. Contracts for goods must follow a fair, equitable, transparent and
cost-effective procurement (buying) system.
• The controlling phase: Expenditure will be checked, as well as assets which have been
paid for.
13. Name three types of money Bills.

• Division of Revenue Bill
• Appropriation Bill
• Income Tax Laws Amendment Bill.
14. What is the state account called?

National Revenue Fund
15. Name the possible sources for the national income.

• Tax:
– Individual income tax
– Corporate income tax
– Import tax
– Excise tax
– Value Added Tax (VAT)
– General sales tax
– Property tax
– Import tax
– Airport departure tax
– Diesel fuel tax
– Capital gains tax
– Residence-based tax.
• Income from state enterprises.
• Licence fees.
• Penalties and bail money.
• Loans.
• Interest on savings.
• Special funds and accounts (for example, feul levy).
16. Name the possible sources for provincial income.

• Taxes, levies and duties (but not income tax, VAT, general sales tax or rates on property
or custom duties).
• Flat rate surcharges on the tax bases of any tax, levy or duty that is imposed by
national legislation (but not on corporate income tax, VAT, and rates on property or
customs duties).
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17. Name the possible sources for local government income.

• Rates on property.
• Surcharges on fees for services rendered by or on behalf of the municipality.
• Taxes (if allowed by national legislation), levies and duty appropriate to
the local government (but not income tax, VAT, general sales tax or custom duties).
• A municipality may apply for loans for capital or current expenditure (during the
bridging period from one financial year to another but this must be paid back in
12 months).
18. Discuss three methods of monetary control.

• To ensure that public money is properly accounted for, every person who works/
deals with public money is an accounting officer and may be asked to report how the
public money was spent in their area.
• Control also takes place when a financial year is established. This is a fixed period of
time. At the end of a financial year, the income and expenditure is checked and
finalised through an audit.
• No money may be drawn from the National Revenue Fund without the approval of
Parliament by means of a law of Parliament.
National Revenue Fund: Public Finance Management Act, No 1 of 1999.
Part 2: National Revenue Fund
11. Control of National Revenue Fund.
1. The National Treasury is in charge of the National Revenue Fund and must enforce
compliance with the provisions of section 213 of the Constitution, namely that – (a) all money
received by the national government must be paid into the Fund, except money reasonably
excluded by this Act or another Act of Parliament; and (b) (i) no money may be withdrawn
from the Fund except in terms of an appropriation by an Act of Parliament; or (ii) as a direct
charge against the Fund, subject to section 15 (1) (a) (ii). 2. Draft legislation that provides for
a withdrawal from the National Revenue Fund as a direct charge against the Fund, may be
introduced in Parliament only after the Minister has been consulted and has consented to the
direct charge. 3. Money that must be paid into the National Revenue Fund is paid into the
Fund by depositing it into a bank account of the Fund in accordance with any requirements
that may be prescribed. 4. The National Treasury must establish appropriate and effective cash
management and banking arrangements for the National Revenue Fund. 5. The National
Treasury must ensure that there is at all times sufficient money in the National Revenue Fund.
12. Deposits and withdrawals by South African Revenue Services in Revenue Funds.
1. The South African Revenue Services must promptly deposit into a Revenue Fund all taxes,
levies, duties, fees and other moneys collected by it for that Revenue Fund, in accordance with
a framework determined by the National Treasury. 2. The South African Revenue Services
may, despite section 15 (1), withdraw money from the National Revenue Fund (a) to refund
any tax, levy or duty credits or any other charges in connection with taxes, levies or duties; (b)
to make other refunds approved by the National Treasury; or (c) to transfer to a member of
the South African Customs Union any money collected on its behalf. 3. The National Treasury
must promptly transfer all taxes, levies, duties, fees and other moneys collected by the South
94
African Revenue Services for a province and deposited into the National Revenue Fund, to
that province’s Provincial Revenue Fund. 4. Withdrawals in terms of subsection (2) or (3) are
direct charges against the National Revenue Fund.
13. Deposits into National Revenue Fund.
(1. All money received by the national government must be paid into the National Revenue
Fund, except money received by (a) . . . . . . [Para. (a) repealed by s. 72 (b) (iii) of Act No. 10
of 2009.] (b) a national public entity; (c) the South African Reserve Bank; (d) the Auditor-
General; (e) the national government from donor agencies which in terms of legislation or the
agreement with the donor, must be paid to the Reconstruction and Development Programme
Fund; (f ) a national department (i) operating a trading entity, if the money is received in the
ordinary course of operating the trading entity; (ii) in trust for a specific person or category
of persons or for a specific purpose; (iii) from another department to render an agency
service for that department; or (iv) if the money is of a kind described in Schedule 4; or (g)
a constitutional institution (i) in trust for a specific person or category of persons or for a
specific purpose; or (ii) if the money is of a kind described in Schedule 4. 2. The exclusion in
subsection (1) (b) does not apply to a national public entity which is not listed in Schedule 2
or 3 but which in terms of section 47 is required to be listed. 3. Draft legislation that excludes
money from payment into the National Revenue Fund may be introduced in Parliament only
after the Minister has been consulted on the reasonableness of the exclusion and has consented
to the exclusion. (4. Any legislation inconsistent with subsection (1) is of no force and effect
to the extent of the inconsistency. 5. Money received by a national public entity listed in
Schedule 2 or 3, the South African Reserve Bank or the Auditor-General must be paid into a
bank account opened by the institution concerned.
19. List the monetary control bodies.

• Auditor-general.
• Financial and Fiscal Commission.
• South African Reserve Bank.
• South African Special Risks Insurance Association (SASRIA).
• Development Bank of Southern Africa (DBSA).
• Land Bank.
20. What is the role of the Financial and Fiscal Commission?

The Financial and Fiscal Commission must make recommendations about finance to
Parliament and the provincial legislatures.
21. What are the objectives of the South African Reserve Bank?
• To protect the internal (within RSA) and external (outside RSA) value of the currency
(the rand) in the interest of economic growth.
• To assist the SA government to formulate and implement (put into place) macro-
economic policy.
• To formulate and implement monetary policy to achieve the best for the SA
community.
• It must report regularly to the Minister of Finance.
• It is also responsible for arrangements of loans, repayment of loans, etc. of the
country.
• To ensure that the SA banking system works well, meets the requirements of the
community and keeps up with developments internationally.
95
• To inform the SA community on a regular basis about the monetary policy and the
SA economic situation in general.
(https://www.resbank.co.za/AboutUs/Structure/Pages/BoardOfDirectors.asp)x
History
Owing to its unique role as a central bank, some people are under the impression that the
Reserve Bank was the first banking institution to be established in South Africa. This is not
the case however. The first bank to be established in South Africa was the Lombaard Bank in
Cape Town, which opened its doors for business on 23 April 1793.
The earliest proposals for the establishment of a central bank in South Africa were made as far
back as 1879 – calls that were repeated for the following few years, until a select committee,
consisting of the ten members of Parliament, was established on 31 March 1920 to examine
the practicalities of establishing a central bank.
Following on the recommendations of the committee, the South African Reserve Bank opened
for business on 30 June 1921, making it the oldest central bank in Africa. The first banknotes
were issued to the public by the Bank on 19 April 1922.
Previous Governors
Since 1921, the Bank has been served by nine Governors.
The Bank’s previous Governors were:

• Mr W H Clegg, 17 December 1920 to 31 December 1931
• Dr J Postmus, 1 January 1932 to 30 June 1945
• Dr M H de Kock, 1 July 1945 to 30 June 1962
• Dr G Rissik, 1 July 1962 to 30 June 1967
• Dr T W de Jongh, 1 July 1967 to 31 December 1980
• Dr G P C de Kock, 1 January 1981 to 7 August 1989 (the only person who died while still
serving as Governor)
• Dr C L Stals, 8 August 1989 to 7 August 1999
• Mr T T Mboweni, 8 August 1999 to 8 November 2009
• Ms G Marcus, 9 November 2009 to 8 November 2014
Board of Directors
The SA Reserve Bank Act, 1989, as amended, provides for a Board of Directors consisting of
15 directors. Among them are the Governor and three Deputy Governors, who are appointed
by the President of the Republic of South Africa, after consultation with the Minister of
Finance and the Board, initially for five-year terms. On reappointment, the terms may be less
than five years.
Four other directors are appointed by the President, after consultation with the Minister, for
three-year terms.
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The remaining seven directors, of whom one needs to have knowledge and skill in the field of
agriculture, one in the field of labour, one in the field of mining, two in the field of industry
and two in the field of commerce or finance, are elected by shareholders at an ordinary general
meeting (OGM) of shareholders.
These directors hold office for a period commencing on the first day after the date of their
election at the OGM until the first day after the date of the OGM held during the third
calendar year following the date of the OGM at which they were elected.
The Governor and Deputy Governors manage the daily affairs of the Bank, since they have in
terms of the Act been tasked with this responsibility. They are the only executive directors on
the Board and are on a full-time basis ultimately responsible for the day-to-day management of
the South African Reserve Bank.
The Board of Directors meets regularly to ensure that it fulfils its role of ensuring corporate
governance of the Bank. The Board ensures compliance with principles of good corporate
governance by, amongst other things, adopting rules and determining policies for the sound
accounting, administration and functioning of the Bank, as well as by exercising the other
tasks reserved for it in terms of the Act. In the process, the Board utilises various committees
and subcommittees, chaired by non-executive directors.
Mr E L Kganyago
Governor
Mr A D Mminele Mr F E Groepe Mr K Naidoo

Deputy Governor Deputy Governor Deputy Governor
Ms T Ajam Mr R J G Barrow Prof F Cachalia

Government Commerce or Finance Government
Ms V J Klein Prof R le Roux Ms M M Manyama

Commerce or Finance Labour Government
Ms T N Mgoduso Dr T Nombembe Mr G M Ralfe

Industry Government Mining
Prof B W Smit Mr J F van der Merwe

Industry Agriculture
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Module 12
South African National Symbols
Please note that this module is not for examination purposes.
Extra information – Not for exam purposes

(http://www.southafrica.info/about/history/national-symbols.htm#.Vu_Hsvl97tQ)
What is the coat of arms that appears on your birth certificate, passport and R5 coin?
What does the South Africa motto !ke e: /xarra //ke mean? (Whose language is that?)
What do the springbok, blue crane, giant protea and real yellowwood have in common?
Here’s a guide to the national symbols of South Africa, from the flag, coat of arms, the
national orders and the animals and plants the country holds dear.
National flag
The national flag of the Republic of South Africa was adopted on Freedom Day, 27 April
1994, and first flown 10 May 1994 – the day Nelson Mandela was inaugurated as President.
The central design of the flag, beginning at the flag-pole in a V form and flowing into a single
horizontal band to the outer edge of the fly, can be interpreted as the convergence of diverse
elements within South African society, taking the road ahead in unity. The South African flag
is the only national flag to display six colours as part of its primary design. Officially, the South
African flag colours do not hold any symbolism, although they have unmistakable historical
origins. Black, yellow and green are the colours of ruling ANC party. Red, white and blue are a
nod to both the flags of the European colonists as well as the old Boer republics.
On a more abstract level, the colours can be seen to represent South Africa’s natural beauty
(green and blue, nature and the oceans), agreeable climate (yellow and red, sun and soil) and
its people (black and white).
• For more information on the national flag, read Fly, the beloved flag.
National coat of arms

South Africa’s coat of arms, or state emblem, is the highest visual symbol of the state.
Its central image is a secretary bird with uplifted wings, a sun rising above it. Below the bird
is the protea, an indigenous South African flower, representing the aesthetic harmony of all
cultures and the country flowering as a nation.
The ears of wheat are emblems of the fertility of the land, while the tusks of the African
elephant symbolise wisdom, steadfastness and strength.
At the centre stands a shield signifying the protection of South Africans, above which are a
spear and knobkierie. These assert the defence of peace rather than a posture of war.
Within the shield are images of the Khoisan people, the first inhabitants of the land. The
figures are derived from images on the Linton Stone, a world-famous example of South African
rock art.
National motto
!ke e: /xarra //ke
The motto of the coat of arms is derived from the extinct Khoisan language of the /Xam
people, and means “diverse people unite”, or “people who are different joining together”.
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Module 12 • South African National Symbols
National Orders
National Orders are the highest awards that a country, through its President, bestows on its
citizens and eminent foreign nationals. The President, as the fount of honour in the country,
bestows these orders and decorations, assisted by the Director-General in the Presidency, who
is the Chancellor of National Orders.
The Order awards include:

• The Order of Mapungubwe is awarded for excellence and exceptional achievement.
Recipients include Nelson Mandela, FW De Klerk, Tim Noakes and HIV/Aids researcher
Quarraisha Karim.
• The Order of the Baobab is awarded for distinguished service in business and the economy;
science, medicine, technological innovation; and community service. Recipients include
Yusuf Abramjee, Cyril Ramaphosa, Roelf Meyer and cleric Barney Pityana.
• The Order of the Companions of OR Tambo is awarded to heads of state and other
dignitaries for promoting peace, co-operation and friendship towards South Africa.
Recipients include Harry Belafonte, Sepp Blatter and US politician Ted Kennedy.
• The Order of Luthuli is awarded to Africans who have made a meaningful contribution to
the struggle for democracy, human rights, nation building, justice and peace, and conflict
resolution. Recipients include Josiah Gumede, Peter Mokaba and early ANC activist AB
Xuma.
• The Order of Ikhamanga is awarded for excellence in arts, culture, literature, music,
journalism and sport. Recipients include Natalie Du Toit, Gary Player and Alan Paton.
• The Order of the Mendi Decoration for Bravery is awarded to South African citizens who
have performed extraordinary acts of bravery. Recipients include Solomon Mahlangu and
the South Africa Defence Force operating during the 2000 Mozambique floods.
• For more information about South Africa’s national orders, visit www.southafrica.info/about/
history/mationalorders.htm
National animal
South Africa’s national animal is the springbok, also giving its name to the South African rugby
team, the Springboks or the “Boks”.
The springbok (Antidorcas marsupialis) gets its common name from its characteristic jumping
display – pronk in Afrikaans. The animal stands 75 cm high and weighs about 40 kg.
Both sexes have horns, but those of the ram are thicker and rougher. The species has adapted
to dry, barren areas and open grass plains, and so is found in the Free State, North-West and
Karoo up to the west coast.
Springbok move in small herds during winter, but often crowd together in bigger herds in
summer.
• For more information about South Africa’s wildlife wonders, visit www.southafrica.info/
about/animals/wildlife.htm
National bird
The national bird of South Africa is the blue crane (Anthropoides paradisia), which is almost
entirely indigenous to the country.
Standing up to a metre tall, the crane is a light blue-grey, with a long neck supporting a rather
bulbous head, long legs and elegant wing plumes which sweep to the ground.
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Blue cranes lay their eggs in the bare veld, often close to water. They are common in the
Karoo, but are also seen in the grasslands of KwaZulu-Natal and the highveld, usually in pairs
or small family parties. Although usually quiet, the blue crane can emit a distinctive high-
pitched and rattling croak which can be heard from some distance.
• For more information about South Africa’s bird life visit www.southafrica.info/about/animals/
birding.htm
National flower
The giant or king protea (Protea cynaroides) is widely distributed in the south-western and
southern areas of the Western Cape, from the Cedarberg up to just east of Grahamstown.
South Africa’s national flower is the largest of the proteas, which make up an important part of
the Cape Floral Region, a major global biodiversity hotspot and a UNESCO World Heritage
site. The proteas also give their name to South Africa’s national cricket team.
• For more information about South Africa’s plant life visit www.southafrica.info/about/
animals/flora.htm
National fish
South Africa’s national fish is the galjoen (Dichistius capensis).
The galjoen is endemic to South Africa, found only along the coastline from Namibia to
Durban, and nowhere else in the world. The fish is also known for its fighting qualities,
abundance and popularity.
The galjoen keeps to mostly shallow water, is often found in rough surf, sometimes right next
to the shore, and is known to anglers as a game fighter.
Near rocks, for adaptability and protection, the colour of the galjoen is almost completely
black, while in sandy areas it can change its colour to silver-bronze.
• With thanks to the South African Institute for Aquatic Biodiversity.
National tree
The yellowwood family of trees have grown in southern Africa for over 100 million years. The
tree (Podocarpus latifolius) is South Africa’s national tree, and can be found on Table Mountain,
along the southern and eastern Cape coast, in the ravines of the Drakensberg up to the
Soutpansberg and the Blouberg in Limpopo.
The trees can grow up to 40 m in height, with the base of the trunk sometimes up to 3 m in
diameter. But trees that grow in unsheltered areas, such as mountain slopes, are often short,
bushy and gnarled.
The bark of the real yellowwood is khaki-coloured to grey when it is old, deeply split and peels
off in strips. The crown is relatively small in relation to its height and is often covered with
grey lichen.
• For more information about South Africa’s plant life visit www.southafrica.info/about/
animals/flora.htm
102
Module 12 • South African National Symbols
Bibliography
1. Electoral Act No 73 of 1998
2. www.elections.org.za
3. www.gov.za
4. http://e.wikipedia.org
5. www.famsaorg.mzansiitsolutions.co.za
6. National Constitution, Act 108 of 1996
7. Newsletter of the Institute of Public Governance & Management. www.esade.edu.
8. Patterson, J.M. (2002). Understanding family resilience, Journal of Clinical Psychology,
Vol. 58 (3) Wiley Online Library
9. Public Finance Management Act, No 1 of 1999
10. www.justice.gov.za
11. www.ossafrica.com
12. http://parliament.gov.za
13. www.resbank.co.za
14. www.sabar.co.za/law-journals
15. www.salga.org.za
16. www.southafrica.info
17. www.thepresidency.gov.za
18. www.treasury.gov.za/
19. White Paper on Families in South Africa, October 2012. Pretoria: Department of Social
Development, Republic of South Africa
103
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Public Administration N4

© Future Managers 2016

Module1: Introduction to Public Administration........................................................................................................... 1

Module 2: The Development of the Family, Community and State............................................................. 7

Module 3: Principles and Guidelines for a Democratic Society...................................................................... 15

Module 4: Citizenship and the Right to Vote.................................................................................................................... 23

Module 5: The Hierarchy of Authorities................................................................................................................................ 29

Module 6: Legislative Authority...................................................................................................................................................... 37

Module 7: Executive Authority of the Three Levels of Government.......................................................... 61

Module 8: Judicial Authority.............................................................................................................................................................. 71

Module 9: Executive Public Institutions................................................................................................................................. 79

Module 10: Generic and Management Functions............................................................................................................ 85

Module 11: Budgetary Control........................................................................................................................................................... 89

Module 12: South African Symbols................................................................................................................................................ 99

2. State five characteristics of the state.

3. Explain the distinctive characteristics of public administration by referring to the

Private enterprises Public enterprises

Differences between the public and the private sectors

On the organisational level:

On the managerial level:

On the employees’ level:

4. Name five role players in the decision-making process of a country.

5. Briefly describe public responsibility.

6. Identify the different generic administrative processes.

Lower level employees Managerial employees

(Directly from: White Paper on Families in South Africa, October 2012.

Family function Ways each function benefits

2. Briefly explain three family systems.

3. Give a definition of the state.

4. State five characteristics of the state.

5. Briefly explain the hierarchy of authorities of the state.

“South Africa is a constitutional democracy with a three-tier system of government, an

Sections in this article:

South Africa’s three capital cities reflect these spheres.

The judicial capital is Bloemfontein, home of the Supreme Court of Appeal.

6. Give a definition of the family.

7. Distinguish between the following categories of family role systems:

Service programmes address the following:

FAMSA’s objectives are:

Early modern period

United Nations [edit]

Bill of Rights: Chapter Two of the SA Constitution (Act 108 of 1996.

• 3.1 Section 7: Introduction

• 3.22 Section 28: Children's rights

Protective responsibility Responsibility to enhance and enrich Responsibility of assistance

Such a society can be achieved by institutionalising the following priorities:

8. Explain the distribution of power based on the “tripartite” principle.

However, it is the French philosopher (jurist) Montesquieu (1689-1755) who is usually

2. Briefly explain franchise qualifications.

3. Although the election of representatives for the citizens of a country is a purely

a. Registration by a political party for elections

How to register a party

b. Determination of voting days and hours

c. Submission of lists of candidates of each party

Electoral Act No 73 of 1998 (Chapter 3, Part 3, Article 27).

• The candidates must be South African Citizems;

2. State THREE aims of the current Constitution of South Africa.

3. To accommodate traditional authorities, the Constitution makes provision for the

Compilation of Provincial House of Traditional Leaders

Further explanation from the texbook

There are no formal traditional communities functioning in Gauteng, Western Cape

5. Discuss the THREE levels of Government.

Three levels of Government

Level Legislature Legislative power Executive Executive powers and