In this post, notes of “Unit 6: Introduction to Political System of South Africa” from “DSC 17: Comparative Political Systems” are given which is helpful for the students doing graduation this year.
Introduction to South Africa’s Political System
South Africa’s political system has changed a lot due to its complicated history and fight for democracy.
This section looks at how the political system developed, its change from apartheid to democracy, and the main parts of its constitutional democracy.
History of South Africa’s Political System
South Africa’s political system has been greatly affected by colonialism, segregation, and racial unfairness. Important times in this history include:
- Colonial Rule (1652–1910): The Dutch and then the British took over South Africa, creating a system that left out local people.
- Union of South Africa (1910–1948): South Africa became a self-governing part of the British Empire, but most Black South Africans were not allowed to vote or take part in politics.
- Apartheid Era (1948–1994): The National Party enforced racial separation through laws that took basic rights away from non-white South Africans.
Change from Apartheid to Democracy
The move to democracy included important events:
- Internal Resistance & International Pressure (1960s–1980s): Protests, strikes, and worldwide pressure weakened the apartheid government.
- Negotiations & Reforms (1990–1994): The release of Nelson Mandela in 1990 and the end of bans on liberation groups led to talks for a democratic South Africa.
- First Democratic Elections (1994): South Africa held its first elections where everyone could vote, and Nelson Mandela became the first Black president from the African National Congress (ANC).
Main Parts of South Africa’s Constitutional Democracy
South Africa’s democracy is built on its 1996 Constitution, which includes:
- A Multi-Party System: Many political parties can take part in free and fair elections.
- Separation of Powers: The government has three branches: executive, legislative, and judicial.
- Bill of Rights: Protects basic rights, like equality, freedom of speech, and human dignity.
- Proportional Representation: Elections are set up to make sure different voices are heard.
South Africa’s democratic system aims to support justice, human rights, and fair governance while dealing with the problems of its past.
The Constitution of South Africa
South Africa’s 1996 Constitution is the main set of rules for its democracy. It supports equality, human rights, and fairness.
It was created to fix the wrongs of apartheid and build a fair society where everyone is treated with respect and freedom.
Features of the 1996 Constitution
The Constitution of South Africa, signed by President Nelson Mandela on December 10, 1996, is seen as one of the best in the world. Its main features are:
- Supremacy of the Constitution: It is the highest law, so all laws and government actions must follow it.
- Bill of Rights: A list of rights that protect people and promote dignity, equality, and freedom.
- Democratic Principles: Creates a government that is responsible, responsive, and open.
- Inclusivity: Recognizes the country’s many cultures, languages, and religions.
- Decentralization: Shares power among national, provincial, and local governments.
Principles of Equality, Human Rights, and Social Justice
The Constitution guarantees basic human rights for all South Africans, focusing on:
- Equality (Section 9): No discrimination based on race, gender, religion, or other factors.
- Human Dignity (Section 10): Recognizes everyone’s worth and ensures it is respected and protected.
- Freedom (Sections 12–18): Protects freedoms like speech, association, and movement.
- Social Justice: Requires actions to fix past inequalities and provide equal chances for all.
Separation of Powers and Checks and Balances
South Africa uses the separation of powers system to prevent power abuse. The government has three parts:
- Executive (President and Cabinet): Carries out laws and policies.
- Legislature (Parliament): Makes laws and checks the executive branch.
- Judiciary (Courts): Interprets laws and ensures they follow the Constitution.
Checks and balances include:
- The Constitutional Court can declare laws unconstitutional.
- Parliamentary oversight keeps the government accountable.
- Independent institutions like the Public Protector investigate misconduct.
The Role of Constitutional Amendments in Governance
The Constitution can be changed to meet new needs. However, changes must follow strict rules:
- Ordinary amendments need approval from two-thirds (66.6%) of Parliament.
- Fundamental amendments (like changes to the Bill of Rights) need a two-thirds majority and approval from at least six of the nine provinces in the National Council of Provinces.
These rules ensure that changes have broad support and are not just for political gain.
Conclusion
South Africa’s Constitution is a key part of democracy, ensuring rights, freedoms, and responsible government. It continues to change to meet the needs of a diverse society.
The Executive
South Africa’s executive branch carries out laws and policies, manages the government, and leads the country.
It is headed by the President, who is supported by the Deputy President, the Cabinet, and various agencies.
The President: Powers, Functions, and Limitations
The President is the Head of State and Head of Government, chosen by the National Assembly from its members.
The President serves for five years, with the option to serve one more term.
Powers and Functions:
- Executive Authority: Leads the government and sets national policy.
- Commander-in-Chief: In charge of the South African National Defence Force (SANDF).
- Appointments: Chooses ministers, judges, ambassadors, and heads of state institutions.
- Legislative Role: Can approve or reject bills passed by Parliament.
- Diplomatic Functions: Represents South Africa in international matters.
Limitations:
- Must follow rules set by Parliament and the law.
- Can be removed by a vote of no confidence or impeachment for serious wrongdoing.
- Must act within the law and cannot rule by decree.
The Deputy President: Role and Responsibilities
The Deputy President is chosen by the President from the National Assembly.
Key Responsibilities:
- Helps the President run the government.
- Leads government work in Parliament and ensures cooperation with lawmakers.
- Oversees specific programs, like economic growth or social projects.
- Acts as President when the President is not available.
The Cabinet and Executive Agencies: Structure and Functions
The Cabinet is made up of Ministers, each leading a government department, and is responsible for making and carrying out policies.
Structure of the Cabinet:
- President (Head of Cabinet)
- Deputy President
- Ministers (Leaders of national departments)
- Deputy Ministers (Assist ministers in their work)
Functions of the Cabinet:
- Creates and carries out national policies.
- Suggests and enforces laws.
- Manages public services.
- Oversees executive agencies that handle various sectors (like education, health, and defense).
Executive Agencies:
- Include independent groups like the South African Revenue Service (SARS) and the National Prosecuting Authority (NPA), which help with governance and law enforcement.
The Legislature
South Africa’s Parliament is the national body that makes laws, oversees the executive branch, and represents the people.
Structure and Composition: National Assembly and National Council of Provinces
Parliament has two parts:
National Assembly (NA):
- 400 members, elected by the people.
- Represents the nation.
- Elects the President and holds the executive accountable.
National Council of Provinces (NCOP):
- 90 members (10 from each of the 9 provinces).
- Ensures provincial needs are included in national laws.
- Includes delegates from provincial legislatures.
Functions and Powers of the Legislature
- Law-making: Proposes, debates, and passes laws.
- Oversight: Holds the executive accountable through questioning and inquiries.
- Budget Approval: Reviews and approves the national budget.
- Public Representation: Allows citizens to engage with governance through petitions and public meetings.
The Legislative Process in South Africa
- Drafting: A bill is created by the executive, a parliamentary committee, or a member of Parliament.
- Introduction: The bill is presented in either the National Assembly or NCOP.
- Committee Review: A committee studies the bill, holds public hearings, and makes suggestions.
- Debate & Voting: The bill is debated and voted on in the house where it was introduced.
- Second House Review: If passed, it goes to the other house for more debate and approval.
- Presidential Assent: After both houses approve, the President signs the bill into law.
- Implementation: The law is enforced by the executive.
The Role of Committees in Shaping Legislation
Parliamentary committees are important in the legislative process by providing detailed analysis and oversight.
Types of Committees:
- Portfolio Committees: Monitor specific government departments (like health, defense, finance).
- Select Committees: Review legislation in the NCOP.
- Standing Committees: Handle ongoing matters, like public finances.
- Ad Hoc Committees: Created for specific tasks, like investigating corruption.
Functions of Committees:
- Examine bills before they become law.
- Hold public hearings to get input from citizens.
- Monitor government spending and performance.
- Ensure transparency and accountability in governance.
Conclusion
The Executive and Legislature work together to ensure good governance in South Africa. The Executive implements policies, while the Legislature makes laws and oversees the government.
The country’s laws ensure checks and balances to prevent misuse of power and support democracy.
The Judiciary
The judiciary in South Africa is a separate part of the government that explains and applies the law.
It ensures that justice is served, protects people’s rights, and checks the power of the executive and legislature.
Structure and Hierarchy of Courts in South Africa
South Africa’s judiciary has different levels of courts, each handling specific types of cases.
Hierarchy of Courts:
- Constitutional Court (ConCourt) – The highest court for constitutional issues.
- Supreme Court of Appeal (SCA) – Hears appeals on legal matters that are not about the Constitution.
- High Courts – Handle serious criminal and civil cases, along with constitutional matters.
- Magistrates’ Courts – Deal with most everyday legal issues, like minor crimes and civil cases.
- Specialized Courts – Include the Labour Court, Land Claims Court, and Equality Court.
The Role of the Constitutional Court in Interpreting the Constitution
The Constitutional Court is South Africa’s top authority on constitutional issues. It plays an important role in:
- Explaining the Constitution and making sure all laws follow it.
- Checking laws made by Parliament to see if they are constitutional.
- Protecting basic rights by hearing cases about human rights violations.
- Solving disputes between government branches.
This court has made important rulings on issues like same-sex marriage, land reform, and political corruption.
Judicial Independence and Its Significance
Judicial independence means that courts work without political pressure. This helps ensure:
- Fair decisions based on the law, not government influence.
- Protection of rights by allowing people to challenge the government.
- Accountability of government bodies, stopping power abuse.
How the Constitution Protects Judicial Independence:
✅ Makes it difficult to remove judges.
✅ Ensures financial security to stop manipulation.
✅ Prevents government interference in court decisions.
The Appointment Process for Judges
Judges are chosen through a clear and fair process to maintain judicial integrity.
Appointment Process:
- Nominations and Interviews: The Judicial Service Commission (JSC) interviews candidates.
- Recommendations: The JSC suggests candidates to the President.
- Appointment: The President appoints judges, especially for the Constitutional Court, with input from Parliament.
This process ensures judges are chosen based on skill and integrity, not political loyalty.
Political Parties and Elections
South Africa has a multi-party democracy, where different political parties compete in elections to govern at national, provincial, and local levels.
Major Political Parties and Their Ideologies
Several political parties play a key role in South African politics:
- African National Congress (ANC) – Centre-left; in power since 1994, supports social justice and economic change.
- Democratic Alliance (DA) – Centre-right; promotes liberal democracy, free markets, and challenges the ANC.
- Economic Freedom Fighters (EFF) – Far-left; calls for land redistribution and nationalizing key industries.
- Inkatha Freedom Party (IFP) – Conservative; focuses on traditional leadership and Zulu nationalism.
- Freedom Front Plus (FF+) – Right-wing; represents Afrikaner interests and supports minority rights.
Each party appeals to different groups, influencing public debate and governance.
Electoral System: Proportional Representation and Its Implications
South Africa uses a proportional representation (PR) system, meaning:
- Citizens vote for a party, not individual candidates.
- Seats in Parliament are given based on the percentage of votes each party receives.
Implications of PR System:
✅ Ensures varied representation in Parliament.
✅ Allows smaller parties to have a voice in government.
✅ Encourages coalitions, as no single party usually wins outright.
❌ Can lead to fragmentation and unstable coalitions.
❌ Limits direct accountability between voters and representatives.
The Role of Political Parties in Shaping Public Policy
Political parties influence governance through:
- Policy Development: Parties suggest policies in their election campaigns and promote them in Parliament.
- Government Oversight: Opposition parties hold the ruling party accountable through debates and inquiries.
- Coalition Governance: When no party wins a clear majority, coalitions influence policy direction.
Parties also engage citizens, encouraging public participation in democracy.
Recent Trends in South African Elections and Party Politics
Recent political trends show changes in voter behavior and party dynamics:
Declining ANC Dominance
- The ANC’s support has fallen below 50% in key elections due to scandals, economic issues, and poor service delivery.
Rise of Opposition and Coalitions
- The DA and EFF are gaining support, especially in urban areas.
- Coalitions are becoming more common, especially in local elections.
Emergence of New Parties
- New parties like ActionSA and the MK Party (linked to Jacob Zuma) are challenging traditional parties.
Voter Apathy and Youth Disengagement
- More young South Africans are disengaging from voting due to dissatisfaction with leaders.
Conclusion
South Africa’s judiciary and political system are key to its democracy. The judiciary ensures justice and upholds constitutional values, while political parties and elections shape governance.
However, challenges like judicial integrity, electoral reforms, and political accountability require ongoing attention as the democracy evolves.
Federalism and Local Governance
South Africa has a system called cooperative governance, which combines a strong central government with local governments. This helps national, provincial, and local governments work together.
Understanding Cooperative Governance in South Africa
Cooperative governance is explained in Chapter 3 of the Constitution and focuses on:
- Working together: Different levels of government depend on each other.
- No hierarchy: No level is more important; they cooperate instead.
- Support: Governments help each other to provide better services.
This system reduces conflicts and encourages teamwork for better governance.
Powers and Roles of Provincial and Local Governments
South Africa has three levels of government:
- National Government – Creates policies and laws.
- Provincial Governments – Carry out national policies and handle regional issues.
- Local (Municipal) Governments – Provide services to communities.
Powers of Provincial Governments
- Unique powers: Manage provincial roads, agriculture, and culture.
- Shared powers with national government: Handle education, health, and housing.
- Premier as Leader: Each province has a Premier and a Provincial Legislature.
Powers of Municipal Governments
- Basic services: Provide water, electricity, sanitation, and roads.
- Local development: Attract businesses and support the economy.
- Manage local areas and infrastructure.
- Mayors or Councils lead municipalities.
The Relationship Between Different Government Levels
The Constitution promotes cooperation between governments by:
- National oversight: Provinces and municipalities must follow national laws.
- Forums for discussion: Groups like the Presidential Coordinating Council encourage communication.
- Budget sharing: The National Treasury gives money to lower governments.
However, conflicts can happen when the national government intervenes in struggling areas, which can limit their independence.
The Effects of Federalism on South Africa’s Politics
Benefits of Decentralization
✅ Brings government closer to the people.
✅ Lets provinces handle local issues effectively.
✅ Promotes political variety in different areas.
Problems with Decentralization
❌ Weak municipalities often struggle to provide services.
❌ Corruption and mismanagement occur in some provinces and municipalities.
❌ Conflicts between government levels, especially in provinces run by different parties.
Even though South Africa is a unitary state, its cooperative governance gives provinces and municipalities important power, affecting politics.
Current Issues and Challenges
South Africa faces many problems with governance, democracy, and international relations.
Social Movements and Their Influence
Notable Social Movements:
- #FeesMustFall (2015–2017) – Protested high university fees, leading to changes in funding.
- #RhodesMustFall (2015) – Addressed issues of racism and colonial symbols, influencing national discussions.
- Service Delivery Protests – Citizens demand better services due to poor governance.
- Gender-Based Violence (GBV) Protests – Activism against violence towards women and LGBTQ+ individuals.
These movements press the government to tackle inequality, corruption, and social justice.
Governance Challenges in a Diverse Society
South Africa’s diverse groups create governance challenges, such as:
- Economic inequality: High unemployment and poverty affect Black South Africans more.
- Corruption: Scandals (like State Capture under Jacob Zuma) damage trust in government.
- Crime and security issues: High crime rates challenge law enforcement.
- Political division: Coalition politics lead to instability in various municipalities.
Efforts like anti-corruption campaigns and economic reforms aim to overcome these challenges.
Discussions on Constitutional Changes
Some leaders suggest changes to the Constitution to address:
- Land expropriation without compensation – The debate over land redistribution for fairness.
- Power balance – Some believe the President has too much power, while others want more judicial independence.
- Electoral reform – Calls for direct representation instead of the current system.
- Decentralization debates – Some provinces seek more control, while others want stronger national authority.
These discussions show the ongoing challenges in shaping South Africa’s democracy.
South Africa’s Role in Regional and Global Politics
Regional Influence (Africa)
- Part of the African Union (AU) – Works for peace, trade, and regional unity.
- Peacekeeping missions – Sends troops to conflict areas like the DRC and Mozambique.
- Economic role – Participates in the African Continental Free Trade Area (AfCFTA) to boost trade.
Global Influence
- BRICS Member (Brazil, Russia, India, China, South Africa) – Strengthens global trade and partnerships.
- Involvement in the UN and G20 – Promotes African interests worldwide.
- Balancing alliances – Maintains relationships between Western nations (US, EU) and emerging powers (China, Russia).
Foreign Policy Challenges
- Criticism for ties with Russia and China – Western countries question South Africa’s neutrality.
- Inconsistent human rights stance – Often criticized for not condemning authoritarian governments.
- Immigration and Xenophobia – Tensions arise over migration from neighboring countries.
Conclusion
South Africa’s governance faces complex challenges both locally and globally. While cooperative governance allows for decentralization, issues like corruption, social inequality, and political instability remain concerns. At the same time, South Africa plays an important role in regional and global politics, balancing local needs with international duties.