South African Government and Politics

South African Government and Politics

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South Africa operates as a constitutional democracy with a unique combination of presidential and parliamentary features. The President is both Head of State and Head of Government, elected by the National Assembly from among its members, and must maintain the support of the majority in Parliament. The system is characterised by cooperative government among three spheres—national, provincial, and local—and by a strong Bill of Rights that constrains all branches of government. Since 1994, the African National Congress (ANC) has governed at national level, initially in a Government of National Unity and subsequently as the dominant party in a multi-party system.

The political system is defined by the 1996 Constitution, which establishes a democratic, sovereign, and constitutional state committed to human dignity, equality, and the advancement of human rights. The Constitution creates a system of checks and balances, with the judiciary independent (Chapter 8), the Public Protector and Auditor-General providing oversight of the executive, and Parliament serving as the legislative authority.

Key Facts:

• South Africa has a bicameral Parliament: National Assembly (400 members) and National Council of Provinces (90 delegates)
• The President is elected by the National Assembly and is Head of State and Government
• There are nine provinces, each with its own legislature and executive
• Local government consists of 257 municipalities
• The Public Protector, Auditor-General, and Electoral Commission provide oversight
• Universal adult suffrage from age 18
• Multi-party democracy with proportional representation

⚡ Exam tip: South African LLB admission questions frequently test the structure of government and the separation of powers. Remember that the President must have the support of the majority in the National Assembly—this is what distinguishes the South African system from a pure presidential system.

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🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

The National Executive (Chapter 5)

The President is elected by the National Assembly from among its members and serves as both Head of State and Head of Government. The President:

• Appoints the Deputy President and Cabinet ministers
• Chairs the Cabinet
• Assents to and signs legislation
• May return a Bill to Parliament for reconsideration (once)
• Is the Commander-in-Chief of the Defence Force
• Appoints ambassadors and diplomatic representatives

The President serves a term of five years and may serve a maximum of two terms.

The Cabinet:

The Cabinet consists of the President, Deputy President, and ministers. It is collectively responsible to Parliament. Cabinet decisions are made collectively, and ministers cannot act independently of Cabinet policy. Individual ministers are responsible for their respective departments.

The Legislature — Parliament (Chapter 4)

Bicameral Parliament:

National Assembly (NA):

• 400 members elected through a closed party-list proportional representation system
• Members serve five-year terms
• Elects the President from among its members
• Passes national legislation
• Oversees the executive through questions, committees, and motions
• Has the power to remove the President by two-thirds majority (for serious violations)

National Council of Provinces (NCOP):

• 90 delegates (10 per province, 4 from each of the 9 provinces plus 10 from organised local government)
• Represents provincial interests in national legislation
• Must concur on certain types of legislation (particularly legislation affecting provinces)
• Considers, amends, or rejects bills that affect the provinces

Provincial Government (Chapter 6)

Each of South Africa’s nine provinces has:

• A Provincial Legislature (elected by proportional representation, serving five-year terms)
• A Premier (elected by the provincial legislature)
• An Executive Council (Cabinet at provincial level)

The provinces have exclusive and concurrent legislative competence as set out in Schedules 4 and 5 of the Constitution.

Local Government (Chapter 7)

Local government is the third sphere of government. Municipalities are responsible for:

• Municipal services (water, electricity, sanitation)
• Local planning and land use
• Municipal roads and transport
• Local economic development

There are three categories of municipalities:

• Category A: Metropolitan municipalities (e.g., City of Johannesburg, City of Cape Town)
• Category B: Local municipalities (within a district municipality)
• Category C: District municipalities (covering multiple local municipalities)

Oversight Bodies

Public Protector (Section 183): The Public Protector investigates state conduct and administrative injustice. The Public Protector can:

• Investigate and report on improper conduct
• Make binding remedial orders
• Report to Parliament

Auditor-General (Section 188): Audits the accounts and financial statements of all levels of government and constitutional institutions. Reports findings to Parliament and provincial legislatures.

South African Human Rights Commission (Section 182): Monitors the observance of human rights.

Electoral Commission: Manages elections, including national, provincial, and local government elections, and referenda.

Political Parties

Major political parties in South Africa include:

• African National Congress (ANC): Left-leaning, liberation movement-turned-governing party
• Democratic Alliance (DA): Centre-right, liberal democratic party
• Economic Freedom Fighters (EFF): Left-wing, radical land redistribution and nationalisation
• Inkatha Freedom Party (IFP): Traditional Zulu/conservative party
• Freedom Front Plus (FF+): Afrikaner interest party
• ActionSA: Centrist, recently formed

Comparison Table: Spheres of Government

Sphere	Head	Legislative Body	Key Function
National	President	National Assembly + NCOP	Defence, foreign affairs, police, central bank
Provincial	Premier	Provincial Legislature	Education, health, housing (concurrent)
Local	Mayor/Municipal Manager	Municipal Council	Service delivery, land use

Common Mistakes to Avoid:

1. Confusing the three spheres of government (national, provincial, local) with three branches (executive, legislative, judicial)
2. Not understanding that South Africa uses proportional representation (PR), not first-past-the-post
3. Forgetting that the President must have majority support in the National Assembly
4. Confusing the Public Protector (investigates executive misconduct) with the Human Rights Commission (monitors human rights)
5. Not distinguishing between exclusive (Schedule 5) and concurrent (Schedule 4) provincial legislative competence

Problem-Solving Strategy:

1. Identify which sphere of government is relevant to the question
2. Determine whether legislation falls within national, concurrent, or exclusive competence
3. Consider which oversight body has jurisdiction
4. Apply constitutional provisions on the separation of powers

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

The Nature of South Africa’s Mixed System

South Africa’s system is often described as a “presidential parliamentary” or “quasi-presidential” system. Unlike the pure presidential system of the United States, the South African President:

• Must have the support of the majority in the National Assembly (Parliamentary accountability)
• Can be removed by a vote of no confidence (creating a parliamentary link)
• Does not have fixed terms independent of Parliament

This creates an unusual combination: the President has strong executive powers (as in presidential systems) but is politically accountable to Parliament (as in parliamentary systems).

The Separation of Powers

Chapter 4 of the Constitution establishes the legislative authority; Chapter 5 the executive authority; and Chapter 8 the judicial authority. The doctrine of separation of powers means that:

• The executive cannot exercise legislative power (except through delegated legislation)
• The legislature cannot exercise executive power
• The judiciary is independent and cannot be directed by the other branches

However, the Constitution creates a system of checks and balances rather than rigid separation. Parliament can remove the President; the President assents to legislation; courts can strike down unconstitutional legislation.

The Role of the Public Protector

The Public Protector (established under Section 183) is an independent constitutional body mandated to:

• Investigate alleged or suspected improper conduct in state affairs
• Report on conduct that is improper or results in prejudice
• Take appropriate remedial action

The Public Protector has investigated numerous high-profile cases, including:

• The ” Arms Deal” irregularities
• The “Securityargate” intelligence surveillance scandal
• Allegations of improper conduct by the President (the “state capture” allegations)

The office gained particular prominence under Public Protector Adv. Thuli Madonsela (2009-2016), whose reports on “state capture” and the President’s failure to uphold the Constitution sparked significant constitutional debates.

The Constitution and the Executive

Section 83 of the Constitution provides that the President is the Head of State and Head of Government. The President exercises executive authority together with other members of the Cabinet (Section 85).

The Constitutional Court has addressed the relationship between the executive and the Constitution in several landmark cases:

• In the United Democratic Front case (1994), the Court addressed the legality of the transitional executive arrangements
• In Minister of Justice v. National Media and Others (1994), the Court addressed the President’s power to pardon offenders
• More recently, the Court has addressed the question of whether the President can be held personally liable for state expenditure

The Electoral System

South Africa uses a closed party-list proportional representation (PR) system for national and provincial elections. Voters cast a single vote for a party. Seats are allocated proportionally based on the share of votes received.

The advantages of this system include:

• Proportional representation (parties get seats proportional to their vote share)
• Full representation of minority parties
• No “wasted votes” in safe seats

The disadvantages include:

• Lack of direct constituency link between voters and MPs
• Power concentrated in party leadership (closed list) -coalition governments can be unstable

For local government elections, a mixed system is used: half the councillors are elected from ward lists and half from party lists.

The Constitutional Court and Political Questions

The Constitutional Court has asserted its jurisdiction over political questions and has rejected the argument that certain matters are “non-justiciable political questions.” In cases involving electoral boundaries, political party list systems, and executive conduct, the Court has applied constitutional standards rigorously.

In Democratic Alliance v. Speaker of the National Assembly and Others (2018), the Court addressed whether the President had violated the Constitution by failing to appoint a Commission of Inquiry as recommended by the Public Protector. The Court found that the President had indeed violated the Constitution and ordered him to comply with the Public Protector’s recommendations.

National Development Plan

The National Development Plan (NDP) is a comprehensive government plan adopted in 2012, outlining South Africa’s development path to 2030. It addresses:

• Reducing unemployment and inequality
• Improving education and skills development
• Building state capacity
• Addressing corruption
• Promoting inclusive growth

While not legally binding, the NDP influences government policy and budget allocations.

WASSCE Examination Patterns:

LLB Admission questions frequently test:

1. How many members serve in the National Assembly? (Answer: 400)
2. What is South Africa’s electoral system? (Answer: Party-list proportional representation)
3. How many provinces does South Africa have? (Answer: 9)
4. What body investigates executive misconduct? (Answer: The Public Protector)
5. Who appoints the President? (Answer: The National Assembly, from among its members)

⚡ Pro Exam Tip: In the LLB admission test, understand the distinction between the three spheres of government (national, provincial, local) and the three arms of state (executive, legislative, judicial). The spheres and arms are different concepts—spheres refer to levels of government (federalism), while arms refer to the separation of governmental functions.

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