Which of the following represents the flow of governance from the highest authority down?
The Executive The Executive The responsibility of the Executive is to run the country and to make policy in the best interests of its citizens and in terms of the Constitution. They are empowered to implement legislation, develop and implement policy, direct and co-ordinate the work of the government
departments, prepare and initiate legislation and perform other functions as called for by the Constitution or legislation. The Executives cannot pass laws, however, but may propose to the Legislature new laws and changes to existing laws. The Structure of the National Executive: The President The President is Head of State and head of the national Executiveor Cabinet. S/he is entrusted with maintaining the
supremacy of the Constitution as the guiding law of the country, and is also required to promote the unity and interests of the nation. As head of the national Executive, the President is also the Commander-in-Chief of the defence force. Election of the President The National Assembly elects one of its Members to be President during the first sitting of the National Assembly. Once elected as President, the President ceases to be a Member of Parliament and must be sworn into
office within five days. The Head of the Constitutional Court (Chief Justice) presides over the President’s election or designates another judge to do so. If the Presidency is empty, then the Chief Justice must set a date within 30 days in which the position will be filled. Duration of the Presidency A person may serve as President for no more than two terms. Appointments as acting President are not included in this period. Removal of the
President If the President is found to have seriously violated the Constitution or the law, or has been engaged in serious misconduct or is unable to perform his/her duties, the National Assembly may remove him/her from the position of President. Such a resolution would have to be adopted with a two thirds majority - that is two thirds of all of the Members of Parliament would have to agree to this. On the other hand, a motion of no confidence in the President (that is, a
proposal that s/he is not governing the country satisfactorily) requires only a majority vote (over 50% of all Members) by the National Assembly. If this was successful, the President, Deputy President and the entire Cabinet, as well as the Deputy Ministers, would have to resign. Once a President has been removed from office, the National Assembly must elect a new President within thirty days of the vacancy occurring. If this does not happen, the Acting President must dissolve the National
Assembly and elections must take place. Acting President If the President is out of the country or unable to perform his/her duties, the following people, in order of priority, are required to serve as acting President: Powers and functions of
the President The President is responsible for The Deputy President The President appoints the Deputy President from amongst the Members of the National Assembly and may also dismiss her/him. The President assigns particular powers and functions to the Deputy President who must assist the President in the running of government (section 91 of the Constitution). The Cabinet The Cabinet comprises the President (as its Head), the Deputy President and
Ministers who are appointed by the President from the National Assembly. (Two Ministers may be appointed from outside the National Assembly.) The President assigns powers and functions to the Minister and may dismiss them. Responsibilities of Ministers The President allocates specific responsibilitiesknown as a "portfolios" to each Minister to supervise. Currently there are 27 portfolios. These are: Each Minister has a Ministry which consists of a small team of advisors. The Ministry and a
Department, headed by a Director-General, assist the Minister in developing and implementing policy and laws. Accountability Ministers are accountable to the National Assemblyfor their actions and for those of their departments and they must act according to government policy. They must also provide Parliament with regular and full reports about matters for which they are responsible. Members of the Cabinet must act according to a code of ethics,
created by the president pursuant to the principles and framework established by the Executive Members' Ethics Act of 1998. This Act says that theymay not do any other paid work, have conflicts of interests between their official and private capacities, must not act in any way that is inconsistent with their offices, or use their position or any information entrusted to them for the improper enrichment of anybody. Term After the dissolution
of Parliament, the Cabinet continues to function until the next National Assembly elects a new President and a new Cabinet is appointed. If the majority of Members of the National Assembly passes a motion of no confidence in the Cabinet then the President must establish a new one. If the majority of the National Assembly Members passes a motion of no confidence in the President, not only the President but his Cabinet and the Deputy Ministers must also resign. Deputy
Ministers While Deputy Ministers are not Members of the Cabinet, they are required to assist the relevant Ministers in the execution of their duties. The President, in consultation with the Deputy President, is responsible for the appointment of Deputy Ministers from amongst the Members of the National Assembly. Despite not being Members of the Cabinet, Deputy Ministers would have to resign along with the entire Cabinet if a motion of no confidence in the President was successful.
The Executive in each province is called the Executive Council and is headed by the Premier. Members of Executive Councils (MECs) are accountable to their Legislatures in the same way as the Cabinet is accountable to Parliament (Section 125 of the Constitution) The Premier The Premier is elected by the Members of that Provincial Legislature (MPLs) from amongst themselves at the first sitting of that legislature after the election. The Executive Council The Premier appoints the Members of the Executive Council (MECs) from among the MPLs. There may be up to ten MECs in each province. (The exception is the Western Cape whose provincial Constitution allows for the additional appointment of up to two non-voting MECs from outside the Legislature.) Responsibilities of MECs MECs are accountable to their Premiers. Like Ministers, MECs are responsible for departments. These provincial departments deal only with those matters that provinces are allowed to control or those over which they share control with national government. There is still no formal structure to facilitate intergovernmental relations between the national and provincial executive. Ministers and MECs do meet informally, however, inwhat is knownas MINMEC. This is a meeting between the Minister and the nine provincial MECs who deal with the same portfolio. MINMEC plays a meaningful role in the process of co-operative government. Non-compliance It is the responsibility of national government to build the administrative capacity of the provinces. If a province is not performing properly, national government can take over a province's responsibilities to maintain established service standards, economic unity or national security or to prevent a province from acting in ways which harm the interests of another province or the country as a whole. If Cabinet intervenes in a province, it must table notice of this in the National Council of Provinces (NCOP) within 14 days of having intervened. There are a number of provisions (outlined in section 100 of the Constitution) that ensure that national supervision of a provincial administration is strictly monitored by the NCOP. In the same way, provincial governments are allowed to administer the affairs of local governments that are not performing properly. Here, too, the NCOP is responsible for monitoring such an intervention. (See section 139 of the Constitution.)
Judicial authority is vested in the courts, which are independent and subject to the laws of the Constitution. The courts are:
The Constitutional Court The Constitutional Court is the highest court for constitutional matters. It is located in Johannesburg and presided over by a maximum of eleven judges. The Court guarantees the basic rights and freedoms of all persons. Its judgements are binding on all organs of government, including Parliament, the Presidency, the police force, the army, the public service and all other courts. It is also the only court that may decide upon disputes between organs of state in the national and provincial spheres. The disputes may concern
Supreme Court of Appeal The Supreme Court of Appeal is the highest court of appeal except in constitutional matters, and may hear only
When people are not satisfied with the decision of a High Court, they may take the matter further to the Supreme Court of Appeal. The Supreme Court of Appeal is located in Bloemfontein. It is presided over by five judges.
High Courts used to be called Supreme Courts and are primarily intended for more serious criminal and civil cases. They may hear some constitutional matters - with the exception of those matters that only the Constitutional Court may decide. Each province has a High Court which is usually situated in the capital. There are at the moment fourteen provincial divisions of the High Court. The present fourteen provincial divisions of the High Court are situated in:
Magistrates’ Courts Magistrates’ Courts are the usual entry point for the majority of people who go to court. There are two kinds of magistrate courts: regional courts and district courts. Regional courts are higher in rank which means that they hear more serious cases than the District Magistrate Courts and may impose heavier sentences. Magistrates’ courts and other courts may decide on any matter determined by an Act of Parliament, but may not enquire into or decide about the constitutionality of any legislation or any conduct of the President.
There are various other courts which are located at varying levels in the court hierarchy:
The Legislature The term "legislature" means a body of elected representatives that makes laws. The prime function of legislatures, therefore, is to formulate, debate and passlegislation which is needed for the government and the country to function. The legislature also provides a forum in which the public can participate in issues and watch over the executive arm of government. In South Africa the national legislature is Parliament and each of the nine provinces also has a legislature. These ten legislatures function autonomously and co-operatively within the framework provided by the Constitution, particularly Section 3 which outlines the obligations of co-operative governance. Parliament Parliament has two Houses: the National Assembly and the National Council of Provinces (NCOP). The National Assembly The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. It does this by:
Members of the National Assembly can change the government by passing a vote of no confidence in the President and/or the Cabinet. Membership The National Assembly must have a maximum of 400 Members and a minimum of 350 Members of Parliament (MPs). Members are elected to the National Assembly through an electoral system based on proportional representation. The Constitution makes it clear that the current electoral system can be changed by a new law, provided that the new electoral system results, in general, in proportional representation. This means that candidates are appointed from party lists in proportion to the number of votes the party wins in the elections. So if a party wins half the votes it will hold half the seats in the National Assembly. The National Council of Provinces (NCOP) The National Council of Provinces (NCOP) ensures that the nine provinces and local government have a direct voice in Parliament when laws are made. The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by:
The NCOP also has an important role to play in promoting national unity and good working relations between national, provincial and local government. While the delegates in the NCOP represent their political parties, they also have the important duty of representing their provinces as a whole. Membership Each province has ten delegates, no matter how big or small the province, thus guaranteeing a balance of interests among the provinces. There are six permanent and four "special" non-permanent delegates in each delegation. Each is headed by the Premier (as one of the special delegates) or a substitute for him/her when the Premier is not available. . The delegation must reflect the proportional strength of the various parties in the province. In addition to the nine provincial delegations, the NCOP includes a delegation of the South African Local Government Association (SALGA) whose ten non-voting representatives are chosen from a group of representatives from the nine Provincial local government associations.
Each province has a legislature, the size of which varies depending on the population levels in the province. According to the Constitution the minimum size of a Legislature is 30 members and the maximum size is 80 members. Members are elected from provincial lists on the basis of the number of votes received by a political party. A provincial legislature is responsible for passing the laws for its province as defined in the Constitution. These laws are only effective for that particular province. Parliament may intervene and change these laws if they undermine national security, economic unity, national standards or the interests of another province. Like Parliament, provincial legislatures have the responsibility of calling their Members of their Executive to account for their actions.
Parliament: National Assembly
The Presiding Officers together with the Chief Whips and Leader of Government Business decide on the programme for Parliament. Other office bearers are:
The NCOP elects a Chairperson and a permanent Deputy Chairperson to run its affairs (in similar roles to the Speaker and Deputy Speaker). In addition, a second rotating Deputy Chairperson is elected for a year, enabling each province to have one of its Members elected as the second Deputy Chairperson. Other office bearers in the NCOP comprise:
Like Parliament, office bearers in the provincial legislatures comprise
Functions and responsibilities of office bearers Presiding officers The Speaker in the National Assembly and in the provincial legislatures is the person who presides over the proceedings of the House and is responsible for running the legislature subject to the policy laid down by the Joint Rules Committee of Parliament. In the NCOP s/he is called the Chairperson and has the same powers as a Speaker. In the NCOP there are two deputies, one permanent and one rotating. The position of the second chairperson rotates amongst the provinces on an annual basis. These presiding officers and their deputies are elected from amongst the Members of each legislature and are expected to be fair and impartial in the execution of their duties. They are responsible for:
The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the Members of the Assembly must be present when the resolution is adopted. Chairperson of Committees The Chairperson of Committees is appointed by the Members of a legislature. His/her primary functions are
Leader of Government Business (Leader of the House) The Leader of Government Business is chosen by the President (with the consent of the Cabinet) from amongst the Members of the Cabinet and represents Cabinet in Parliament. The Leader of Government Business, in consultation with the Chief Whip of the majority party, plays a crucial role in deciding on the programme of the legislature and ensuring that government business is dealt with and properly synchronised. In provincial Legislatures, the Leader of Government Business is referred to as the Leader of the House and is appointed by the Premier. The Leader of the House serves as a link between the Executive Council and its Legislature and s/he performs the same functions as the Leader of Government Business. Chief Whips and Party Whips Whips contribute to the smooth running of a legislature. At the same time whips represent their party's interests and ensure the discipline of their members and the effective functioning of their party, both within the legislature as well as within the organisation. There are two Chief Whips who are the official office bearers. One represents the majority party and the other is from the largest minority party. The other parties have Senior Whips assisted by a number of other whips. The Chief Whips are formally appointed by the Speaker, based on the recommendations of the respective political parties. The Chief Whip of the majority party, in consultation with the Chief Whip of the largest minority party, is responsible for the detailed arrangement of the legislative business, that is, the programme of the Legislature. S/he is also responsible for approving the budget of Committees in consultation with the Chairperson of Committees.
Much of the work of legislatures is delegated to Committees. This means that
The responsibilities of Committees include:
Committees do not take decisions but make recommendations to the legislature. Usually these recommendations are expressed in the form of reports to the House. Each Committee elects its own chairperson. Each Committee is supported administratively by a Committee secretary/clerk. Portfolio and Select Committees In the National Assembly there are "Portfolio" Committees which shadow government departments - for each government department/portfolio there is a portfolio committee. For example there is a Portfolio Committee on Employment and Labour which addresses issues which relate to the Department of Employment and Labour. The National Council of Provinces (NCOP) has equivalentCommittees, known as "Select" Committees. But unlike the National Assembly committees, there is not always one committee per government department/portfolio but a cluster. For example the Security and Justice Select Committee deals with the portfolios of Justice, Safety and Security as well as Defence. Committees in the provincial legislatures Provincial legislatures also have committees. Like the national portfolio committees, they shadow the area of responsibilities of Member of Executive Council (MECs) - but unlike the national committees, there is not always one committee per MEC or government department/ issue. Ad hoc committees Both Parliament and provincial legislatures have temporary Committees, known as "Ad Hoc" Committees, which are formed to consider specific issues. They cease to exist once they have completed their mandates. Standing Committees Some committees are permanent structures and are known as "standing committees" such as the Public Accounts Standing Committee. Some permanent committees have members from both the National Assembly and the NCOP, which are called "joint" standing Committees such as the Joint Standing Committee on Defence. However the term "standing committee" is slowly being phased out. For example the Joint Standing Committee on Defence will shortly be renamed the Joint Committee on Security Matters.
Legislative authority is vested nationally in Parliament (section 44 of the Constitution). Provincial legislative authority is vested in the provincial legislatures (section 104 of the Constitution). National The national legislative authority, as vested in Parliament, gives the National Assembly the power
It gives the NCOP the power
Parliament may intervene in provincial legislation and make or change laws dealing with exclusive provincial matters (listed in Schedule 5 of the Constitution) only in the following cases (section 44 (2)):
Provincial legislatures are bound only by the national Constitution and by their own Constitution, if they have one. The legislative authority of provinces as vested in provincial Legislatures gives them the power
A provincial legislature can, with a two-thirds majority, request Parliament to change the name of that province. A provincial legislature may recommend to the National Assembly legislation concerning
This information was compiled with the support of the European Union Parliamentary Support Programme (EUPSP) Which entity creates regulations governing real estate activities in Ohio?Regulating Real Estate Professionals. The Division of Real Estate and Professional Licensing is part of the Ohio Department of Commerce. This division is responsible for licensing Ohio's real estate brokers, salespeople, appraisers and foreign real estate dealers and salespeople.
Who appoints the Ohio Superintendent of real estate?The director shall appoint a superintendent from the lists submitted by the commission and the board, and the superintendent shall serve at the pleasure of the director.
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