Name : Ziphozovuyo Sodumo Student Number : 9906255131087 Course: Public Administration N4 Module: Public Administration Topic: The discussion on the power of thelegislative authority 1. Introductiona L ‘This document secks to discuss the power of the legislative authomly. The Constitution f the Republic of South Afnica outlines how national provincial and local government ex ercise their powers and perform their functions. The national level of governmentis the fi rat level of govemment. The national goverment undertakes the running of national ad ministration. The task of parliament issimilar to tasks that.are done within the provincial goverment well a8 within local govemment. Parliament is the highest legislative authori ty in the land, butt is still subject to the Supreme Constitution. In Parliament, power s01 hat power is distributed in the three arms of government, which are, Legislative power Ex ecutive power and Judiciary power. 2 Background Before 1994 South Africa had four provinces and ten homelands, the new Constitution @ stablished 9 provinces- Eastam Cape, Wiestem Cape, Northem West, KwaZulu Natal, Mpu malanga, Free State, Gauteng, Northem Cape Limpopo. Afteryears of apartheid South A fricans for the first time in 1994 voted for a democaatic government. There wasa trnsiti onal Constitution which came into force on an interim basis on 27 April1 994. A Constitu ent Assembly was fomned to write the Constitution on 11 October 1996 the naw Constitu tion (Act 108 of 1996) became the supreme law of the republic thus making South Africa 8 constitutional democracy. The Constitution contains rules of the political system, the p rotects the rights of the citizens and explain their responsibilities. The Constitution also e xplains the different levels and areas of government, national provincial and local 3. Sepavation of functions and powers Democracies are characterized by the separation of functions and powers between the 1 hree branches of goverment: the legislature, the executive and the judiciary. Each branc h checks the power of the other two so that there ia a balance of power between them. T he legislature is the representative of the people of South Africa. The lagislative authority in the national aphere of government is vested in Parliament, which is the supreme legisl ative power in the country. Parliament is responsible for passing laws and for holding th © executive branch of govemment accountable. The power of Parliament is limited by th © Constitution, The judiciary checks the exercise of power by the legislature. Through its work, Parliament is tasked to make sure that the interests of the people of South Africa a rerepresented in all their diversity. Constitution of South Mfrica(Act 108 of 1996) | 2 [a L 4, Meaning of legislative power ‘The main responsibility of the legislative authority is the making of laws for ordering the communities life in such a manner that all citizens can live peacefully and under physica land social well-being. The legislative authority has the reap onsibility to nnsure that mo nay is available for the implementation of its laws: and ensure control over the implemen tation of these laws. On the national level of government, the lagislative authority is calle d Parliament. On the provincial level of government, the legislative authority is called Pro vineial legislature. Gn the local level of government, the legislative authority is called the Municipal Council 5, National Padliament Parliament is the legislative authority of South Africa and has the power tomake laws fF or the country, in accordance with the Gonstitution. Parliament consists of the National A sembly (NA) and the National Council of Provinces (NCOP).Padiamantary sittings are o pento the public as the citizens can have their views discussed and where they may eve 1 put forward their point of view themselves. Parliament si in Cape town, is continuously in session the fiveyear term forwhich itha ss been selected and convenes twice a year with abreak during dections, and again durin g December. The members of Parliament are dected during elections and constitution gi ves instructions on how Parliament should be structured. The National Parliament consi st of two houses, bodies that de legislative work. The two houses are: the National Asse mbly(NA) and the National Council of Provinces( NCOP) - representing the nine province 5. this where provincial matters are debated and ittakes part in the approving and passin g of laws. tt also represents local government on the national level of government and p articipates in the national legislative process 5.1 The role of Parliament ‘The role of Parliament, as the representative of the people, is to promote and oversee ad hevence to the values of human dignity, equality, non-acialism, non-setiam, and all other Fights enshrined in the Bill of Rights, and to oversee the implementation of constitutional imperatives. Through legislative and other measures, Parliament also ensures that the in dependence, im partiality, accessibility and effectiveness of the Judiciary and other State institutions is upheld. 5.2The mandate of Parliament | : [a L ‘The mandate of Parliaments based on the provisions of Chapter of the Constitution, which establishes Parliament.and sets out the functions it performs, Parliamentis elects d to represent the people, ensure government by the people under the Constitution, and re present the interests of provinces in the national sphere of government. The Members of Parliament (MPs) elect the President, provide.a national forum for the public eonsiderati on of issues, pass legislation, and scrutinise and oversee executive action. Parliament's policy priorities set out long-term policy and outcomes. These are aligned with the prioniti es and outcomes of the National Development Plan (NOP) ‘To ensure that these outcomes and priorities are met over feasible timeframes, five-year, 10-year and 15-year milestones have been set. Since 1994, a number of steps have been, taken to make it more accessible and to motivate and facilitate public participation in th ¢ legisla tive process. After the 2024 Elections the government has changed ag the countr y has Government of National LUnity(GNU) and government of Provincial Unity in KwaZul u Natal, &. Provincial Legislatures in provinces Provincial legislatures are bound only by the national Constitution and by their awn Cons titution. The provincial legislature is elected on a proportional basis in general election. T henatonal constitution states that the provincial legislature consist of between30-80m embers, The number may differ among the provinces. The legislative authority of provin ces ag vested in provincial Legislatures gives them the power -1o pass a constitution for the province. Provincial legislatures can amend any constitution passed by it (sections 1 42 and 143 of the Conatitution);- to pass legislation forthe province with regard to any maiters - within a functional area listed in Schedule and Schedule Sof the Constitutio n; outside those functional areas that are expressly assigned to the province by national legislation; and for which a provision of the Constitution envisages the enactment of pro vineial legislation; and assign any of its legislative powers toa Municipal Council in that province. A provincial legislature can, with a two-thirds majority, request Parliament to ch ange the name of that province. 6.1 Functions and com petence aver provincial legislature 2) The provincial legislature has its own Speaker and Deputy Speaker. b) Ata debate or discussion, one-third of legislature must be present to take vote, but when a vote ona bill is taken, the majority of the members must be presen t Bills may be introduced only by a member of the Executive Council. | ‘ 7a L d) Each legislature may make its own laws. These are the matiers which provinci al administration are in charge of within their own province. 3} Each provincial legislature may also make laws together with Parliament conc urent powers. This includes administration of indigenous forest, agricuture + ‘2gional airports, animal contml.and disease, ca sinos, racing, gambling and wa gearing, consumer protection and others. f) The main function of the provincial legislature is to-discuss and pass Bills tho ugh the legislature. This process is followed in more orless the same way agi n Parliament where decision a made in Council by means of voting. All quest jons before a provincial legislatum must be decided by majorty votes cast, exe ept where the Constitution provides otherwise. q) As in Parliament, all members of provincial legislature have freedom of speec hand debate the provincia llegislature subject to the rules and omders h) Aftera provincial law has been passed, itis kept at the Constitutional Court 1) Aprovincial legislature may delegate its legislative power down to a municipal ity. ) Aprovincial legislature must set up provincial administative executive bodies. 7. Local Municipalities ‘The Constitution recognises local govemment as a sphere of goverment. Local govern mants are very importantin each citizens life since this is where direct service delivery ta kes place ft allows every citizen of the country to be involved in the process of governme Mt. Local governments is often called the comerstone of democracy. Local government 1 herefore form the stang structure on which the sociely of any country is built. i the com erstones are weak or missing, the building will collapse. 7.1 The object of local goverment 2) To provide democratic and accountable government for local communities b) To ensure the provision of services to. communities in a sustainable manner To promote social and economic development. ) To encourage the involvement of communities and community organisations i nthe matters of local government | : [a L 9} Acriticalnew object and task of municipalities is focused on sustainable deve Jopment. The national con stitution states in this regards: f) Amunicipality must structure and manage its administration and budgeting a nd planning process to give priority to needs of the community, and promote 3 ‘cial and economic development of the community, and participate in nationa | and provincial development pmgrammes. 7.2The categories of municipalities ‘The constitution also stipulates that national legislation must define the different types of municipality that may be established within each category. Legislation thathas been promulgated for three catagories of municipalities which are a) Category Aza municipality thathas exclusive municipal executive and legislative aut hority in its area. This is metropolitan municipalities like in Johannesburg, Cape Town, 0 urban, Pretoria, Port Elizabeth ete b) Gategory 8: A municipality that shares municipal executive and legislative authority in its area with a category C municipality whose area itfalls. This is mainly district municip alities where more than one town or area are grouped together, forexample, Winelands 0 istict Municipality, West Coast District Municipality €} Category C: 4 municipality that municipal executive and legisla tive authomty in an are a that includes more than one municipality. This is the single town municipalities within a distict municipality. Typical examples are Paarl, Stellenbosch, Worcester within the Wi nelands District Municipality. 7.3Status of municipalities a) The local sphere of goverment consists of municipalities, which must be esta blished for the whole of the terrtory of the Republic b) The executive and legislative authority of @ municipality is vested in its Munic pal Council 9 Amunicipality has the right to govem, on its own initiative, the local governme ntaffairs of its community, subject tonational and provincial legisla tion, as pr ‘vided for in the Constitution. d) The national or a provincial government may not compromise or impede a mu nicipality's ability or right to exercise its powers or perform its functions. | ‘ [a L } toencourage the involvement of communities and community omanisations i nthe matters of local government. Amunicipality must strive, within its financial and administrative capacity, to achieve th © objects set out in subsection {1}. 7.4 Developmental duties of municipalities A municipality must structure and manage its administration, and budgeting and planni ng processes to give priority tothe basic needs of the community, and 1o promote the so cial and economic development of the community: and participate in national and provin cial development pmgrammes. Municipalities in co-operative government 2) The national government and provincial governments by legislative and ofher measures, must support and strengthen the capacity of municipalities to man age thelr own af fairs, to exercise their powers and to perfom their functions b) Draftnational or provincial legislation that affects the status, institutions, pow ‘213 or functions of local goverment must be published for public comment be fore itis introduced in Parliament or a provincial legislature ina manner that a llows omanised local government, municipalities and other interested persons an opportunity to make representations with regard to the draft legislation. The legislation refered tolin subsection (3) must take into account hheneed to provide municipal services in an equitable and sustainable manner ) The national government, subject to section 44, and the provincial governmen ts have the legislative and executive authority to see to the effective performan ce by municipalities of their functions in respect of matter listed in Schedules 4 and §, by regulating the exercise by municipalities of their executive authorit ytefered to in section 156(1) Powers and functions of municipalities 2) Amunicipality has executive authonty in respectof, and has the right 0 admin ister the local goverment matters listedin Part of Schedule 4 and Part B of Schedule 5;and any other matter assigned toitby national or provincial legis! ation. b) Amunicipality may make and administer by 4aws for the effective administrati ‘on of the matters which ithas the night to administer. | ; [a L ) Subjectto section 151(4),.a by4aw that conflicts with national or provincial leg islation is invalid. If there is a conflict between a byaw and national or provin ‘cial legisla tion that is inoperative because of a conflict referred to in section 1 49, the by4aw must be regarded as valid for as long as that legislation is inope rative. d) Thenational government and provincial governments must asgign to a munici pallty, by agreement and subject to any conditions, the administration of ama ter listed in Part Aof Schedule 4 or Part A.of Schedule 5 which necessarily ml ates tolocal govemment. ) Amunicipality has the right to exercise any power concerning a matter reason ably necessary fot or incidental to, the effective performance of its functions. Municipal Councils 2) A Municipal Council consists of members elected in accordance with subsecti ‘ons (2) (3), (4) and (5): or members appointed by other Municipal Councils tor ‘epresent those other Councils; b) (Sub-s.(1) substituted by s. 1 (a) of Act No.18 of 2002; and amended by #3 ‘of the Constitution Fifteenth Amendment Act of 2009] @) Anelectoral system in tems of subsection (2) mustresul, in general in propor tional repegentation. d) if the electoral system includes ward representation, the delimitation of wards must be dona by an independent authority appointed in terms of, and operatin gaccording to, procedures and criteria prescribed by national legislation. @} The national legislation referred to in subsection {1}{b) mustestablish a syste m that allows for parties and interests reflected within the Municipal Council making the appointment, to be Fairly represented in the Municipal Council tow hich the appointmentis made. Conclusion ‘The core mandates of the SA Legislative sector the national and provincial spheres of go vemment have concurrent legislative competencies in accordance with Schedule 4 of the RSA Constitution (Act 108 of 1996) Parliament and the Provincial Legislatures at nation all and provincial level have the power to make laws for the country in accordance with | 5 [a L ections 43{a) and 44 of the Constitution. The National Council of Provinces (NCOP) repr esents the provinces to ensure that provincial interests are considered in the national legi slative process, This is done by participating in the national legislative process and by pr oviding 2 national forum for the public con sideration of issues affecting the provinces. | terms of the Constitution, the oversight role is located with Parliament and the Provinei all Legislatures to provide for mechanisms to ensure that all executive omans of state int henational and provincial spheres of government are accountable. This is intended ata dancing the ideals of good government and cooperative govemance. Parliament and th € Provincial Legislatures have the responsibility of initiating oversight wherein the execut ive is accountable to the legislative armas required by sections 92(2} and 133(2) of the Constitution. National Cabinet Ministers and the Members of the Executive Councils (ME 6) at provincial government level must act in accordance with the Constitution to provide Parliament and the Provincia Legislatures with full and regular reports concerning matte ra under their control. Accountability by Ministers and MECs is therefore a constitutional obligation binding Cabinet Ministers and 'MECs to. account on their departments’ functio ng andtake responsibility for their performance. The principle of coopemtive govemmen tis established in section 4 wher all spheres of govemment ar described as being dia tinctive, interdependent and interrelated. This is consistent with the way powers have be en allocated between different spheres of government Sources: 1. RSA Constitution (Act 108 of 1996) 2. Local Government Municipal Structures Aet 117 of 1998; 3. Local Government Municipal Structures Amendment Act 33 of 2000; 4. Municipal Structures Amendment Act TheNatinal Assenhly hos 400 seats alae ated prepartionaly scearding tathe votes parties raceove kn the Seventh Parkarnant, 10 parties ill be resresented Na indenerident candidates will be epee ected | a [