Public Administration N4 | June 2013 Paper

SECTION A

QUESTION 1.1

Indicate whether the following statements are TRUE or FALSE.

1.1.1 Public administration is a complex activity performed in the public sector and it cannot be regulated through laws, rules and regulations.

False. Public administration is strictly governed by the principle of legality, meaning every administrative action must be authorized by a specific law, rule, or regulation to prevent the arbitrary use of state power.

1.1.2 The word ‘policy’ means a desired state of affairs or a goal that has been reached.

False. A policy is not the reached goal itself, but rather a formal statement of intent or a “road map” that outlines the plan and direction the government intends to take to achieve a future objective.

1.1.3 The primary objective of any public institution is to improve the general welfare of the community.

True. Unlike private businesses that seek profit, the “raison d’être” (reason for existence) of public institutions is the “bonum commune” or the promotion of the spiritual and material well-being of all citizens.

1.1.4 Public administration is an activity which is only performed by the executive of a country.

False. While the executive is the primary branch for implementation, public administration involves a comprehensive set of activities that are subject to legislative oversight and judicial review, and it operates across all three spheres of government.

1.1.5 The President of South Africa is the head of the national executive.

True. Per the Constitution, executive authority is vested in the President, who exercises this power together with other members of the Cabinet to lead the national administration.

1.1.6 The Constitution of South Africa can be changed by a simple majority (50% + 1) in Parliament.

False. As the supreme law, the Constitution is “entrenched,” meaning it requires a special majority (typically two-thirds or 75% depending on the section) to be amended, ensuring stability and protecting minority rights.

1.1.7 A state can exist without a particular territory.

False. Under international law, a territory with defined borders is a mandatory characteristic of a state; without a physical space, the state cannot exercise sovereign jurisdiction or house its population.

1.1.8 In a democracy, the people of the country are the highest authority.

True. This is known as popular sovereignty, where the government derives its legitimacy and power from the mandate given by the citizens through regular and fair elections.

1.1.9 The Auditor-General is responsible for auditing the financial accounts of all government departments.

True. The Auditor-General acts as the independent financial watchdog of the state, ensuring that taxpayer money is spent according to the law and properly accounted for in every department.

1.1.10 The Public Protector has the power to investigate any conduct in state affairs.

False. While the Public Protector has broad powers to investigate maladministration, Section 182(3) of the Constitution explicitly forbids the office from investigating decisions made by a court of law.

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QUESTION 1.2

Complete the following statements by filling in the missing word(s).

1.2.1 The … is the highest law in South Africa.

Constitution. The principle of constitutional supremacy means that any law or conduct inconsistent with the Constitution is invalid, making it the ultimate standard for all legal and administrative actions.

1.2.2 The three branches of government are the …, … and the … .

Legislative, executive and judicial.

This trias politica structure ensures a system of checks and balances where no single branch holds absolute power over the state or its citizens.

1.2.3 The third level of government in South Africa is the … .

Local government / municipal government. Local government is the sphere closest to the community, tasked with delivering basic services like water, electricity, and sanitation directly to the people.

1.2.4 The members of the National Assembly are elected for a period of … years.

5. A five-year term provides a balance between allowing the government enough time to implement its programs and ensuring regular accountability to the electorate.

1.2.5 A … is a law that has been passed by Parliament and signed by the President.

Act. A draft law is called a “Bill” until it has gone through all legislative stages and received Presidential assent, at which point it becomes an Act of Parliament.

1.2.6 The … is the body that has the power to make laws for the whole country.

Parliament. Parliament, consisting of the National Assembly and the NCOP, represents the people and possesses the supreme legislative authority to create and amend national laws.

1.2.7 The … is the head of a provincial government.

Premier. The Premier holds the highest executive authority in a province, leading the Provincial Executive Council (Cabinet) and coordinating provincial departments.

1.2.8 The … is the official who is responsible for the administration of a government department.

Director-General. While the Minister is the political head, the Director-General is the administrative head (Accounting Officer) responsible for the daily operations, staff, and budget of a department.

1.2.9 … is the process where government power is shifted from a central level to lower levels.

Decentralisation. Decentralisation improves service delivery by allowing decisions to be made closer to the people affected, making government more responsive to local needs.

1.2.10 The … of a country consists of all the people who live in it.

Population. A permanent population is a foundational requirement for statehood, as the state exists specifically to serve and regulate the collective interests of its residents.

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SECTION B

QUESTION 2.1

State the characteristics of a state.

A particular territory. A state must possess a defined geographical area with recognized borders over which it exercises exclusive control and authority.

Independent from any other state. Sovereignty implies that the state is the highest authority within its borders and is not subject to the legal or political control of any external power.

People that are part of a community. A state requires a permanent population that forms a social and political community, providing the human basis for the state’s existence.

Permanent rules in the form of a Constitution. A supreme legal framework is necessary to establish the organs of state, define their powers, and protect the rights of the citizens.

Public institutions to ensure law and order. The state must maintain a professional civil service, judiciary, and security forces (like the police) to administer justice and ensure the safety of its people.

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QUESTION 2.2

Explain the functions of the legislative authority.

Represent the people. The legislature acts as a representative body where elected officials voice the needs, concerns, and aspirations of the citizens who voted for them.

Make and pass laws. This is the primary function, involving the debating, drafting, and amending of legislation that provides the legal rules for society.

Provide a forum for public consideration of issues. By conducting public hearings and open debates, the legislature ensures that national issues are discussed transparently and in the public eye.

Oversee executive action. The legislature performs a watchdog role, monitoring the President and Cabinet to ensure that the executive branch implements laws effectively and remains accountable.

Approve the national budget. Parliament holds the “power of the purse,” meaning no government spending can occur without the legislature’s formal approval through an Appropriation Bill.

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QUESTION 3.1

List the functions of the provincial legislature.

Pass a constitution for its province. A province may adopt its own constitution to customize its governing structures, provided it does not conflict with the national Constitution.

Pass legislation for its province. Legislatures create provincial laws on functional areas like regional planning, provincial roads, and certain aspects of health and education.

Recommend to the National Assembly legislation on matters outside its authority. If a province identifies a need for a law that falls under national power, it can formally request Parliament to take legislative action.

Oversee provincial executive authority. The provincial legislature monitors the Premier and MECs to ensure that provincial administration is conducted according to the law and budget.

Ensure all provincial executive organs are accountable. Through committees and question sessions, the legislature holds provincial departments responsible for their performance and the quality of service delivery.

Approve the provincial budget. The provincial legislature must review and authorize the provincial budget annually, ensuring resources are allocated to the province’s specific needs.

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QUESTION 5.3

Explain the functions of the constitutional court of law.

Highest judicial authority to enforce the Bill of Rights.

The court serves as the ultimate guardian of the Bill of Rights, ensuring that the fundamental human rights of all people in South Africa are upheld.

Settles disputes between levels of government. It acts as an impartial arbiter when disagreements arise between the national, provincial, and local spheres regarding their respective powers and duties.

Declares laws or conduct unconstitutional. The court has the power to strike down any Act of Parliament, provincial law, or conduct of the President that violates the Constitution.

Decides on the constitutionality of bills. If there are doubts about a draft law (Bill), the court can review it before it is signed into law to ensure it meets constitutional standards.

Determines if amendments to the Constitution are constitutional. The court oversees the amendment process to ensure that any changes to the supreme law follow the correct legal procedures and respect core values.

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QUESTION 5.4.1

Discuss the main objectives of local level of government.

To provide democratic and accountable government for local communities. Local government ensures that residents have a direct say in their own affairs through elected councillors who are answerable to the community.

To ensure the provision of services to communities. The most practical goal is the reliable and sustainable delivery of basic needs such as water, sanitation, and electricity to every household.

To promote social and economic development. Municipalities must create a conducive environment for local businesses to grow and implement social programs that reduce poverty.

To promote a safe and healthy environment for communities. This involves managing pollution, ensuring proper waste disposal, and providing emergency services to protect the lives and property of residents.

To encourage the involvement of communities in matters of local government. Through Integrated Development Planning (IDP) and ward committees, municipalities ensure that citizens are active partners in local governance.

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QUESTION 5.4.2

List SIX types of services provided by the local level of government to improve the general welfare of the community. (Note: 18 accepted points are provided below for maximum revision coverage):

• Water: Ensuring access to clean, safe drinking water for all residents.
• Sanitation: Providing hygienic waste-disposal systems.
• Sewerage: Managing the infrastructure that carries away waste water.
• Electricity: Distributing power to homes, businesses, and public spaces.
• Rubbish removal: Regular collection and safe disposal of household refuse.
• Street lighting: Providing illumination to improve safety and security at night.
• Roads: Building and maintaining local streets and infrastructure.
• Transport: Managing or regulating local public transport systems.
• Primary health care: Operating local clinics for basic medical needs.
• Storm water drainage: Maintaining systems to prevent flooding during heavy rains.
• Fire brigade: Providing emergency fire-fighting and rescue services.
• Traffic control: Managing local traffic officers and road safety signs.
• Cemeteries: Providing and maintaining respectful burial sites.
• Libraries and Sports grounds: Offering recreational and educational facilities for community growth.
• Housing: Facilitating the development of affordable living spaces.
• Environmental protection: Monitoring pollution and land use through inspections.
• Parking meters: Regulating traffic and parking in urban centers.
• Education (not School): Supporting community-based learning initiatives.