Public Administration N4 | Parliament

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The Constitution makes provision for two houses in Parliament.

Question

Name the TWO houses of Parliament

The South African Parliament is made up of two houses, namely the National Assembly (NA) and the National Council of Provinces (NCOP). The National Assembly is the primary legislative body that represents the people of South Africa and is responsible for making laws and overseeing the actions of government. The National Council of Provinces, on the other hand, ensures that the interests of the provinces are represented in national matters. Together, these two houses work to uphold the democratic principles of the country.

Question

Explain the term of office of Parliament

Both the National Assembly (NA) and the National Council of Provinces (NCOP) serve for a five-year term. This term begins from the first sitting of the respective house after a national election and runs until the completion of the five-year period, after which new elections are held. During this period, members carry out their legislative, representative, and oversight functions as mandated by the Constitution.

The President has the authority to dissolve the National Assembly at any time, either after its term has commenced or once the five-year term expires. This means that the President can end the life of the National Assembly before its full term if necessary, such as in cases of political instability or if the Assembly is unable to function effectively. Following the dissolution of the National Assembly or after its term expires, the President is constitutionally required to call and set dates for a new election within 90 days. This ensures continuity of governance and adherence to democratic processes.

Question

What are the disqualifications for Members of Parliament?

One disqualification that can apply to Members of Parliament is being absent without permission for a long time. This refers to cases where a member repeatedly fails to attend parliamentary sessions without valid justification, which is seen as a neglect of duty and may lead to the loss of their seat.

Another disqualification applies to anyone who is in the service of the state and receives remuneration for that appointment or service, except for key positions such as the President, Deputy President, ministers, and deputy ministers. This rule prevents conflicts of interest and ensures that those who make laws do not simultaneously hold paid roles in the public administration.

Individuals who serve as permanent delegates to the National Council of Provinces (NCOP) or who are members of the Provincial Legislature or Municipal Council are also disqualified from serving in the National Assembly at the same time. This ensures that each public representative focuses on their designated legislative duties without overlapping responsibilities.

A person who is an unrehabilitated insolvent is also disqualified from being a Member of Parliament. This refers to individuals who have been declared insolvent by a court and have not yet legally regained their financial status, which could compromise their integrity in public office.

Another disqualification applies to anyone declared to be of unsound mind by a court of the Republic. Such individuals are considered legally incapable of managing their own affairs and, therefore, unfit to hold a position of responsibility in Parliament.

Lastly, anyone convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, whether the conviction occurred within the Republic or outside its borders, is disqualified from becoming or remaining a Member of Parliament. This condition ensures that those in public office maintain a high standard of conduct and moral integrity.