Define the term legislative authority.
Legislative authority refers to the power to make laws within a state.
It includes the writing of laws, which govern how society operates. It also involves monitoring the executive to ensure that government actions follow the law.
Importantly, the legislator who enacts laws may not also execute them or administer justice. This separation keeps government power balanced and fair.
Indicate the institutions at all THREE levels of government that are involved in exercising legislative authority.
Answer:
• At the National level, the Parliament is responsible for creating laws that apply to the entire country.
• At the Provincial level, the Provincial Legislature passes laws that affect only the specific province.
• At the Local level, the Municipal Council makes local by-laws that help govern towns and cities.
Name and briefly describe the THREE levels of government.
• This is the national or central sphere of government.
• It governs the state at the highest level and is in charge of national matters.
• It is responsible for the main organisation and administration on central level, setting laws and policies that guide the whole country.
• Parliament has the authority to make laws at central level, which other levels must follow.
• This is the provincial or regional sphere of government, the second level of government.
• There are nine provincial governments for the nine provinces.
• These governments are not totally independent and can only govern the province as far as the central government allows them to govern.
• Provincial laws and policy must not clash with central laws and policy.
• The Provincial Legislature passes laws for the province within the limits set by national policy.
• This is the local or municipal level of government, which is the smallest form or third level of government.
• It plays an important role in the government processes of a democratic society.
• Almost all residents of a town or city can be involved in the local elections, making it highly participatory.
• It provides an opportunity for ordinary citizens to manage their own affairs independently.
• However, decisions must be consistent with any law or policy made by central or provincial government.
What do you understand by the term government?
Government is a system by which a state or a community is governed.
It provides structure, rules, and leadership to maintain order and deliver services.
It consists of legislators, administrators (executive), and arbitrators (courts of law, judges).
These three roles ensure laws are made, carried out, and interpreted fairly.
A body of people and institutions that make and enforce laws for a particular society.
This ensures the society functions in an organised and lawful way.
Divided into three levels: national, provincial and local.
Each level handles different responsibilities but works together.
Highest political institution in a state and consists of a number of executive political office bearers.
These include leaders like the President, Premiers, and Mayors who manage the country’s affairs.
Municipalities should act fast in providing services. Describe the important role that a municipality should exercise apart from the provisioning of services.
Third level of government found in a town or city: A municipality operates at local level, closest to where people live and work.
Ensure that national and provincial policies are enforced on local level: Local governments must apply and support policies made by higher levels of government.
Government closest to the people to understand their needs: Municipalities are in daily contact with communities, so they are best placed to respond to local issues.
To provide democratic and accountable government for local communities: They must serve the people fairly and take responsibility for their actions.
To promote social and economic development: Municipalities help grow local economies and improve living conditions.
To promote a safe and healthy environment for communities: They ensure that communities are clean, secure, and healthy.
To encourage the involvement of communities in matters of local government: People should be part of decision-making about local issues.
Municipalities have the right to govern on their own initiative subject to national and provincial legislation and the Constitution: They have some freedom to make decisions but must still follow national rules.
The municipality makes by-laws on various matters that affect the local communities: Local councils can pass laws to address specific community needs, such as noise control or waste management.
List SIX services that are provided by the municipalities.
Water: Supplying clean and safe drinking water.
Electricity: Providing electrical power to homes and businesses.
Sanitation and refuse removal: Managing waste and keeping the environment clean.
Roads: Building and maintaining local roads and streets.
Housing: Supporting the development of affordable homes.
Fire brigade: Responding to fires and emergencies to protect communities.
Describe the requirements to qualify as a voter.
Must be a South African citizen: Only citizens have the legal right to vote.
Must be 18 years and older: You must be an adult to vote.
Must be registered to vote: Your name must appear on the voters’ roll.
Must have a legal voter document (ID): A valid ID is required to identify yourself when voting.
Must be a permanent resident of the country: You must live in South Africa permanently.
Must be a person who is a child of a citizen before the new Constitution and who became a permanent resident: Some individuals qualify through family ties and permanent residency.
Must be a person who has been in the country since 31 December 1978: Long-term residents before this date may qualify.
Not a South African but granted the right to vote by Parliament: In special cases, non-citizens may be allowed to vote if Parliament approves.
Explain eight characteristics of the Constitution to indicate its relevance in the country.
Heals the divisions of the past and creates a society based on democratic values: It promotes unity and reconciliation after apartheid.
Lays the foundation for a democratic and open society where all are equal before the law: Every citizen has the same legal rights.
Improves the quality of life of all citizens and frees their potential: It aims to make life better and fairer for everyone.
Determines the relationship between citizens and governing institutions: It sets out how government and the people must work together.
Builds a united and democratic South Africa as a sovereign state: It ensures South Africa is independent and respected internationally.
Serves as a system of basic principles and rules for governance: It provides the framework for how the country is run.
Spells out the powers of governing institutions: It clearly states what each part of government is allowed to do.
It is the supreme law of the country: All laws and actions must follow the Constitution.
Explain what you understand by the following principle of democracy: ‘The government of the people by the people.’
Free and fair elections where citizens can participate without being forced: Everyone has the right to vote without pressure.
Registered voters may vote for the party of their choice: Citizens choose who they want to represent them.
The party with the majority forms the government: The winner leads the country according to the people’s will.
People are supreme and elect their own government: The citizens are the most important decision-makers in a democracy.
Government gets its mandate from the citizens: It can only govern because people give it permission through voting.
Unhappy citizens can vote the government out in the next election: If leaders fail, people can remove them through democratic means.
Government serves the people, not the other way around: Leaders must work for the people’s benefit, not for their own power.
Carries out all activities assigned to them by the president or Constitution
The deputy president performs important duties given by the president or the Constitution to help run the country efficiently.
Assists the president
The deputy president supports the president with daily responsibilities and decision-making.
Has the same tasks as members of the cabinet
Like other cabinet members, the deputy president contributes to national decision-making and service delivery.
Is accountable collectively (with members of cabinet) and individually to parliament
The deputy president must explain and justify their actions to parliament, both as part of the cabinet and individually.
Assumes the duties of the president in his/her absence
When the president is unavailable, the deputy president takes over presidential responsibilities.
Provides regular reports to parliament about the areas they control
The deputy president must give updates to parliament to show transparency and good governance.
Includes activities in the preparation of the writing of laws
The executive helps draft and prepare new laws to solve national problems.
Includes the running of different state departments within government
It oversees government departments that deliver services like health, education, and safety.
Ensure laws are carried out
The executive makes sure that laws passed by parliament are put into practice.
Not involved in enacting legislation or in administering the law
Unlike parliament or the courts, the executive does not pass or judge laws—it implements them.
Submit policy proposals to cabinet
Ministers suggest new plans and policies for the country through the cabinet.
Make proposals for his/her department to cabinet
They provide ideas to improve how their department works.
Make proposals about objectives for his/her department
Ministers suggest the goals their department should aim to reach.
Ensure that legislation is approved to fulfil these objectives
They push for laws that will help their department achieve its aims.
Parliament will in future be continuously in session
Parliament meets regularly to keep up with the country’s needs.
Members enjoy freedom of speech
MPs can speak openly in parliament without fear of punishment.
Parliament has its own penalties
It can discipline its members if they break the rules.
Parliament functions by means of debate after which a decision is reached
Decisions are made after open and fair discussions.
After a bill is introduced, debate takes place and a majority vote is taken
Laws are passed only if most MPs vote in favour after debate.
A quorum of at least half of the house should be present
Important decisions require enough members to be present.
A committee system is used to resolve differences
Committees are used to discuss issues and find agreement.
Most important function is the enactment of laws
Parliament’s main job is to pass laws that govern the country.
There is judicial control over parliament
Courts can check that parliament’s actions follow the Constitution.
Must keep the executive accountable
Parliament monitors the executive to ensure it does its job.
Summon any person to give evidence or produce any documents or ask any institution to report to them
Parliament can demand information to help in decision-making.
Agree to a state of emergency
Only parliament can approve a national emergency declaration.
Can pass a vote of no confidence in the cabinet
Parliament can remove the cabinet if it loses trust in it.
Controls state institutions
Parliament ensures government institutions operate properly.
Can amend the Constitution
It has the power to change the Constitution when necessary.
Debates and votes on the annual budget
Parliament discusses and approves how the government will spend its money.
Establish a joint rules committee to make rules and orders
Parliament creates its own rules to guide how it functions.
Identity document is scanned and checked
Voters must present a valid ID to confirm their identity.
Voter’s list is checked and your details crossed out
Your name is marked off the list to prevent double voting.
Base of right thumbnail is checked for invisible ink
Officials check for previous ink to confirm the person hasn’t voted already.
A drop of ink is placed on the base of the thumbnail
This ink prevents the person from voting more than once.
Voter receives two ballot papers: for NA and provincial
Voters are given one paper for national elections and one for provincial.
Voter marks party of his choice in voting booth
Voters privately choose the party they support.
Voter places NA ballot paper in the national ballot box
The national vote is cast in a separate ballot box.
Voter places the provincial ballot paper in the provincial ballot box
The provincial vote is placed in its designated box.
Voter leaves voting station
After voting, the person exits the station to complete the process.
Must be a South African citizen
Only South African citizens can become Members of Parliament.
Must be qualified to vote in the general elections
Candidates must meet all voter eligibility requirements.
Must make an oath or solemn affirmation to do their duties
They must formally promise to serve the country with honesty and responsibility.
They are political heads and submit policy proposals to cabinet
MPs are expected to lead and contribute to government planning through policy proposals.
TRADITIONAL SYSTEM
The children see the father and husband as the sole supporter and decision-maker.
The wife is a full-time housewife/educator and obedient to the husband.
This system places authority with the father, and the wife focuses on raising children and managing the home without a career outside.
SYSTEM OF CAMARADERIE
Husband is the breadwinner and decision-maker of the family, but the wife’s advice is considered.
Wife holds a part-time or supportive job; main function is educator and homemaker.
She receives recognition for her non-domestic skills and enjoys independence.
This system values mutual respect where the wife has a role in decision-making and contributes to the family with both domestic and career-related skills.
EGALITARIAN SYSTEM (SYSTEM OF EQUALITY)
Both husband and wife have careers and support the family.
Both mutually agree to do domestic chores.
Wife’s homemaking role is subordinate to her career.
In this system, both partners share responsibilities equally and place importance on career and domestic balance.
Receives and investigates complaints from the public against government or state agencies or officials
The Public Protector helps people raise issues about unfair treatment or misuse of power by government bodies.
Investigates any conduct in state affairs or public administration at any level of government that is improper (maladministration, abuse of power, violations of human rights, dishonesty)
The Public Protector examines cases of wrongdoing in government, including corruption or abuse of authority.
Must report on that conduct to the public
After investigating, the Public Protector informs the public of the findings to promote transparency.
May not investigate any court decision
The Public Protector does not have power over legal judgments and cannot change court decisions.
These courts have jurisdiction in all constitutional matters except matters that only the Constitutional Court can decide on
High courts handle major legal issues, including constitutional ones, unless the matter is reserved for the Constitutional Court.
These courts are also vested in provinces with appellate divisions
Every province has a high court, and they can hear appeals from lower courts.
They hear matters that are so serious that the lower courts would not be competent to make a proper judgement
Serious crimes or complex legal issues are taken to high courts for proper legal handling.
These courts can sentence offenders to life imprisonment unless prescribed by the law
High courts can issue the highest legal punishments like life imprisonment.
Decisions are binding on magistrate courts within the area of jurisdiction
Other courts in the region must follow high court rulings.
High Court judges are appointed by the president after consultations
Judges in high courts are chosen through a constitutional process involving the president and other legal bodies.
Chairperson and 19 representatives
The council is made up of a total of 20 people: a chairperson and 19 others.
They are elected by an electoral college
Members are chosen through a voting system called an electoral college.
Constitution provides for the establishment of this council of traditional leaders
The council was legally created based on constitutional rights.
20 members constitute the members of the houses of traditional leaders of the different provinces
All 20 members come from different provinces’ houses of traditional leaders.
To advise and make recommendations to the national government with regards to any matter pertaining to traditional authorities, indigenous law and custom
The council helps the government make decisions related to traditional communities.
To advise the president on matters of national interest
The council can give the president advice on big national issues, especially those involving traditions.
The council has the power to delay parliamentary bills in respect of traditional needs
If a law affects traditional practices, the council can delay it to allow for proper consideration.
They are the representative body for traditional leaders in parliament
The council speaks on behalf of traditional leaders in the national government.
Any parliamentary bill pertaining to traditional authorities, indigenous laws or the traditions and customs of traditional communities must be referred to the council for comments, advice and support after having been passed by the house in which it was introduced and before it is introduced to other houses of parliament
The council reviews laws affecting traditional matters before they are passed on in the legislative process.
Explain what you understand by the term State of the Nations address.
It is the annual official opening of parliament.
This event marks the formal start of parliament’s yearly session.
Address by the state president to the people of South Africa.
The president delivers a speech directly to all South Africans.
The president highlights the achievements and challenges experienced in the past year and presents the programmes for the year ahead.
The speech reviews what was accomplished and faced during the previous year, and outlines government plans for the coming year.
Name the TWO houses of parliament.
National Assembly
This is the main legislative chamber where most law-making happens.
National Council of Provinces
This house represents provincial interests at the national level.
Describe the tasks carried out by the members of Parliament.
Must be involved in discussions with the public
Members engage with citizens to gather opinions and represent their needs.
Must help people with their constituencies (voting areas)
They assist voters in their specific areas with issues and concerns.
Take part in debates on bills to be passed into law or important national issues
Members actively participate in discussions about proposed laws and key national topics.
Involved in committee hearings
They serve on committees that scrutinize legislation and government operations.
Complete freedom of speech
Members have the right to express their views openly in parliament.
Ministers answer questions regarding their state departments
Government ministers respond to parliamentary questions about their departments’ activities.
One of the functions of the State President is to deliver the State of the Nations address. Describe SIX other functions of the State President in South Africa.
Assents to bills
The president formally approves bills, making them laws.
Refer bills back for consideration
The president can send bills back to parliament for further review.
Convenes meetings of cabinet
The president calls and leads meetings of the cabinet.
Appoint commissions of enquiry and ambassadors
The president appoints special investigative bodies and diplomatic representatives.
Refer disputes that might occur in parliament to the Constitutional Court or other appropriate institution
Disagreements in parliament can be referred to the highest courts for resolution.
Appointment and recognition of diplomatic officers
The president officially acknowledges foreign diplomats in South Africa.
Briefly explain what you understand about parliamentary competence over provincial laws.
Acts of parliament deal with matters that cannot be regulated effectively by provincial legislation.
National laws address issues provinces alone cannot manage well.
Acts of parliament deal with matters that require being regulated or co-ordinated by uniform norms or standards that apply generally throughout the RSA.
They ensure consistent standards across all provinces.
Acts of parliament are necessary to set minimum standards across the nation for rendering of public services.
National laws guarantee basic quality and access to services throughout the country.
Acts of parliament are necessary for the maintenance of economic unity, wealth and security services, protection of the environment, promotion of provincial commerce and other important services to be regulated by national law.
National legislation keeps the country unified economically and socially, safeguarding security, environment, and commerce.
Describe the FOUR main groupings of functions that are carried out by all government institutions.
Generic administrative functions
These are the routine and essential tasks that any organisation must perform to operate smoothly. For example, activities such as record keeping, managing office supplies, filing documents, and handling correspondence fall under this category. These functions ensure that the day-to-day administrative processes are maintained efficiently, providing the backbone for all other work within the institution.
Auxiliary functions
Auxiliary functions are the support activities that help improve or sustain the main functions of the organisation. For instance, human resources management, training and development of staff, and maintenance of equipment are auxiliary functions. These activities don’t directly produce the organisation’s main services but are crucial because they provide the necessary support to keep the organisation functioning at its best.
Instrumental functions
Instrumental functions include the specific tasks and powers required to carry out the core duties of the organisation. This might involve decision-making authority, enforcement of policies, or managing resources necessary to perform the job. For example, in a government health department, instrumental functions would include issuing health regulations, approving budgets, and supervising clinics to ensure public health standards are met.
Line functions
Line functions involve the direct operational activities that are essential for achieving the primary objectives of the institution. These are the core tasks that directly contribute to delivering services to the public or implementing government policies. For example, in a municipal water department, line functions include the actual treatment and distribution of water, repairing leaks, and responding to customer service requests. These functions are critical because they produce the tangible outputs of the institution.
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