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SIBONOKUHLE MZIMELA

MODULE 01

Democractic elections – 27 April 1994

State: an internationally recognised demarcated geographic area.

Government: are people that we elect to maintain law and order.
Administration: is a logical way of doing a task

Three levels/spheres of government

National level - First level of government

Make law for whole country
It power vested in parliament

Provincial level- Second level of government

Make law for specific province
It power vested in provincial legislature

Local level - Third level of government

Make by-laws for specific municipality
It power vested in municipal council

DESCRIPTION OF PUBLIC ADMINISTRATION IS:

 It is a system of structure and process
 It takes place within a specific society
 Its aim is to make proper laws and regulations for society
 It puts the laws and regulations into place and applies it to the society

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DIVISION OF POWER/AUTHORITY

1. LEGISLATIVE 2. EXECUTIVE 3. JUDICIAL

 They make the law  They implement the law  They enforces the law
 They approve policies  They prepare and  They apply law
submit bills to parliament without fear

FUNCTIONS OF AUXILIARY ACTIVITIES:

 Research activities
 Public relations activities
 Legal service activities
 Notification activities
 Information system activities

THE DIFFERENT BETWEEN PRIVATE AND PUBLIC ENTERPRISES

PRIVATE OR OWNED (CHECKERS) PUBLIC OR MANAGED (HEALTH)

 Owned by individual  Managed by government
 Purpose is to make profit  To promote the general welfare to
society
 Involved in manufacturing and  Provision of essential services
trading of products and service
 Activities are together called  Activities are together called public
business management administration

Public responsibility:
 This is a commitment to do a specific task and work to achieve a specific
objective.
 The public officials have a responsibility to be committed to work towards
achieving the objectives set in government institutions.
 To ensure that the money given by the public, in the form of tax is well cared for
and well spent.

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ROLE PLAYERS
Population
Interest and pressure groups
Legislative institutions
Cabinet secretariat
Media
Other states
Commission of enquiry- appointed by president of the country to investigate a
particular issue.
Political office bearers and public officials/civil servants-political office bearer are
those who persons who have been elected to fill positions in government and
public officials are those persons working within government institutions for a
salary.

MODULE 2
Family – is the smallest unit in a community
WHY DO WE SAY A FAMILY IS A STARTING POINT?
 The family is a status symbol
 Children acquire their view of life from within family
 The father and mother are starting point of a child’s life communication system
 The other groups that forms part of his/her life are educational, religions e.t.c
 Family prepare him/her to accept his/her responsibility in the community

Family System’s
Traditional system - Father takes the lead
He goes to work and support family financial
The father is the decision maker

System of camaraderie- Father still takes a lead

Mothers point is taken into account
The mother will normally be working part-time

System of equality- both mother and father works

Their combined income support family
The mother is no longer full time home maker

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 A state has a permanent population

 An internationally recognised demarcated geographical area
 The right to self-determination
 A state is an independent political entity
 A state has international recognition

WHAT IS DEMOCRACY?
Democracy means that all adult people have a say in how the country is
governed.
The government is formed through the vote of the people.
We can choose the person or party that we think is best to govern.
We have freedom of free thinking
Freedom of speech and association in guaranteed.

The four principles of democracy/ criteria

PLEASE REFER TO THE TEXTBOOK THE MEANING OF FF PRINCIPLES:

 Popular sovereignty
 Political equality
 Popular consultation
 Majority rule

BASIC RIGHTS: (know 10)

1. The right to life
2. Freedom and security of a person
3. Privacy
4. Freedom of expression
5. Property
6. Children’s right- the right to name and nationality from birth
i. They have a right to parental care
ii. Basic nutrition
iii. Basic health and social services
iv. Right concerning work
7. Right for arrested persons
8. Right for detained persons

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9. Right for accused persons

10. The right not to be forced into slavery

RULE OF LAW
The law is the uppermost and highest authority.
FACTORS/PRINCIPLES/RULES OF RULE OF LAW
 The executive functions of government must not be allowed to use their
powers of decision too widely and without restriction.
 All citizens are considered to be equal and should be treated equally
 The court must operate independently from the legislature and the executive

MEANING OF GOVERNMENT BY THE PEOPLE OF THE PEOPLE

1. Free and fair general elections in which all people must take part.
2. After an election, the party with the majority votes will rule the country.
3. The government will then employ persons as public officials to curry out certain
tasks in which they are qualified for.

DENICRATIC VALUES AND PRINCIPLES AS SET OUT BY CHAPTER 10 OF

THE CONSTITUTION:
 They must maintain the high standard of professional ethics.
 They must make best use of resources.
 Services must be provided impartially.
 Public administration must be development-oriented
 Public administration must be accountable and transparent.

ORDER AND WELFARE FUNCTIONS

 The protective responsibility
 The responsibility to enhance and enrich
 The responsibility of assistance

CITIZENSHIP
When you are born on that country

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CITIZENSHIP QUALIFICATIONS/OBTAIN
 By birth- when you are born in that country
 By descent – when your grandparent are born in that country
 By naturalisation- if you have lived in that country for five years
 By registration-when you get married to a person born to that country
How Citizenship Is Lost/Cancelled
 By voluntarily denouncing (giving up)
 Through abnegation
 Through superannuation
 Through dispossession (taking away)

FRANCHISE QUALIFICATION/ QUALIFICATIONS TO VOTE

 A person must have identity document.
 Must be 18 years and above.
 A person must be a South African citizen.
 The person must be registered to vote.
 A person who is a permanent resident of the country.
 A person who is not affected by any of the disqualification.

Voting DISQUALIFICATIONS
 Illegal immigrants
 A person guilty of influencing a voter.
 A person who has been declared unsound mind by court.
 A person who has been committed to an institution for the mentally insane.
 A person who has been detained in terms of drugs or alcohol dependency in
an institution.
ELECTORAL SYSTEM
1. Single-member constituency-based system- voter votes in a local area called constituency to
elect one individual person.
2. Multi-member proportional representation system- you get seats according to votes that you
got
3. The party-list system- (a) political parties are the basic units of representation (b) there is multi-
members constituencies (c) the party, not the individual, is the main unit of representation
4. The single-transferable-vote system

COMPOSITION OF IEC
 Consists of 7-11 members and are appointed by president.
 Another 5 members are chosen by president who are not South African
citizens.

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The Tasks/Duties Of IEC

o To administer, organise, supervise and conduct all elections
o To take steps to prevent intimidation of voters, candidates and parties
o To submit monthly reports
o To hear appeals and make decisions about elections

Voting stations- is the place where people cast their votes

VOTING MATERIALS
1. Polling booth
2. Ballot boxes
3. Copies of voting lists
4. Ballot papers- (a) abbreviated names of all registered parties (b) symbol of each
party in colour (c) the name and photograph of the leader of the party
5. Indelible ink
6. Stationery
7. Shredding machine
8. First-aid
VOTING PROCESS
1. Voters joins the que
2. Voters joins the voting station
3. An official checks the voters ID
4. An official ink’s voters thumbnails
5. An official finds the voters name on the voters roll and draw a line through them
6. An official stamps the back of ballot paper for national and provincial votes
7. Voters enter a ballot booth and make crosses, in secret next to the chosen party
national and provincial
8. Voters fold ballot papers and put them into the national and provincial boxes
9. Voters leave the voting station
Announcement of results-within 48 hours after the closing of voting
Announcement takes place through the national media

INTERIM GOVERNMENT- the interim constitution was the supreme authority during
the transformation process until the new and final constitution was adopted
Constitution- is a supreme law of the country
The values of/importance of constitution
 Constitution is the supreme law of the country
 It eliminate all discrimination

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 It stresses human dignity

 It gives every citizen a right to vote
 It entrenches rule of law

AIMS/PURPOSE OF THE CONSTITUTION

Heal the division of the past
Lay foundation for democratic society
Improve quality of life of all citizen
Build united and democratic south Africa
The preamble closes a prayer with that god may protect our people

CHARACTERISTICS OF THE CONSTITUTION

 The constitution is a supreme law also over parliament
 A system of proportional representation
 It has a bill of right
 The courts are independent
 It has three levels of government
 It has nine provinces

PLEASE NOTE: (a system of proportional representation means that seats in parliament

are allocated to political parties in the exact proportion to the percentage of the total number
of votes each one receives in elections)

PRINCIPLES OF CO-OPERATE GOVERNMENT

 Preserve the peace

 Secure the well-being of the republic
 Provide effective, transparent government
 Respect the constitutional status of other spheres

HIERARCHY OF THE AUTHORITIES ON THE DIFFERENT LEVELS OF

GOVERNMENT:

NATIONAL/CENTRAL LEVEL OF GOVERNMENT

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• PARLIAMENT
LEGISLATURE • NA NCOP

•CABINET
EXECUTIVE •President, deputy president and minister

•independent institution
ADMINISTRATION •state department

PROVINCIAL LEVEL

•premeir
LEGISLATURE •provincial legislature
•elected members

•premier
EXECUTIVE •members of executive council(MEC)

ADMINISTRATION •provincial department

LOCAL LEVEL

LEGISLATURE • MUNICIPAL COUNCIL

• MAYOR
EXECUTIVE
• DEPUTY MAYOR

• MUNICIPAL MANAGER
ADMINISTRATION
• DEPARTMENTS

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COMPOSITION OF TRADITIONAL LEADERS:

 It has chairperson
 It has 19 represantatives
 They are elected by electoral college constituted by member of house of
traditional leaders
PLEASE NOTE THAT WESTERN CAPE, NORTHERN CAPE AND GAUTENG
ARE EXCLUDED BECAUSE THERE ARE TRADITIONAL COMMUNITIES.
FUNCTIONS OF THE COUNCIL OF TRADITIONAL LEADERS
CENTRAL/NATIONAL LEVEL PROVINCIAL LEVEL
Advice and make recommendations to Advice and make recommendations to
the national government. the provincial legislature.
Advise the president on matters of Advise the premier on matters of
national interest. provincial interest.
They may delay parliamentary bills They may delay provincial bills
pertaining to traditional authorities. pertaining to traditional authorities.
They are the representative body of They are the representative body of
traditional leaders in parliament. traditional leaders provincial.

MEANING OF LEGISLATIVE POWER- They makes the law and approve policies
- It hold executive accountable
COMPOSITION OF NATIONAL ASSEMBLY
o Consists of 400 members
o Proportional representation
o They are elected every 5 years
o NA chooses presiding officers namely speaker and deputy speaker
o Each political party in the NA chooses a leader called chief whip
COMPOSITION OF NATIONAL COUNCIL OF PROVINCE
o Consists of 90 delegates
o No more than 10 from SALGA
o Four special delegates from the provincial legislature
o Six permanent delegates who only sit in the NCOP
o The NCOP elects a chairperson and deputy chairperson
Qualifications of members of parliament
o Must be registered to vote
o Must be a permanent citizen
o Eligible to vote
o Belong to political party

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Disqualification of MP’S (NA and NCOP)

 Unrehabilitated insolvents
 Anyone who is in the service of the state and receives remuneration
 Anyone declared to be unsound mind by court
 Anyone convicted of an offence and sentenced to more than 12 months without
option of a fine
 Permanent delegates to the NCOP or NA
Please note: in the last point you write NCOP if they want disqualification of NA
TERM OF OFFICE:
 Term of office of five years
 Dissolved by president at any stage
 President must set date for elections within 90 days
FUNCTIONS/DUTIES/POWERS/FEATURES OF PARLIAMENT:
 They make the law
 Must keep executive accountable
 A gree to state of emergency
 Debates and votes on annual budget
 Controls state institutions
 Can amend constitution
 It can hear petitions from citizens
There are four types of bill:
 Amendments to the constitution
 Ordinary bills that do not affect province
 Ordinary bills that affecting province
 Money bills
TASKS/FUNCTIONS/DUTIES OF MEMBERS OF PARLIAMENT:
 They must become involved in discussion with the public
 They must help persons within voting areas
 They take part in debates
 They have freedom of speech

Parliamentary privilege- means that mp’s they have a right to say anything ,
produce anything or in hand in anything as long as they stay within the rules
of parliament.

Hansard- this is a complete record of all the debates in parliament.

Snap debate-it’s a quick debate

COMPOSITION OF PROVINCIAL LEGISLATURE:

 Consists of 30-100 members
 They are elected for term of five years

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 The premier is the head of provincial legislature

ACT THAT PREVAIL OVER PROVINCE
 Where an act of parliament deals with matters that require to be regulated
 Where an act of parliament is necessary to set minimum standards
 Where an act of parliament is necessary for the maintenance of economic
enmity
FUNCTIONS COMPETENCE OVER PROVINCE /PROVINCIAL
LEGILASTURES
 They approve provincial bills
 Decisions are made in council by means of voting
 Provincial legislature may determine and control its internal affairs
 As in parliament, all members of the provincial legislature have freedom of
speech
WHY LOCAL GOVERNMENT IS IMPORTANT?
 To provide democratic and accountable government for local communities.
 To ensure the provision of service to communities in a sustainable manner.
 To promote social and economic development
 To promote safety and healthy environment

DUTIES OF SALGA- (A) establishing good labour relations practice(B) to develop

local government councillors and staff.
DUTIES OF LEGISLATURE COMPETENCE IN LOCAL LEVEL
 The municipal council may make and administers the law
 The municipal council may prescribe procedures to levy and recover rates and
taxes.
 A municipal council is elected for a term that may not be longer than four years
MATTERS THAT ARE DEALT WITH GOVERNMENT
 Tourism
 Planning
 Airports
 Cleansing
 Care of animals
 Fencing
 Roads
 Street lighting
DUTIES/RESPONSIBILITIES OF COUNCILLORS:
 To look after the interest of the residents in that area
 To be available for citizens to discuss their unhappiness
 To attend meeting regularly
 To always act best to the interest of the community

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EXECUTIVE INSTITUTIONS AT CENTRAL/NATIONAL LEVEL:

FUNCTIONS/TASKS OF THE EXECUTIVE AUTHOTITY
 To implement national legislature/implement the law
 To develop and implement national policy
 To co-ordinate the tasks of the state departments
 To prepare and submit bills to parliament
POWER AND FUNCTIONS OF PRESIDENT (CYRIL RAMAPHOSA)
 Appoint deputy president and ministers
 Assenting and signing bills
 Appointing commission of enquiry
 Calling national referendum
 Pardoning offenders
 Conferring honours
POWERS AND FUNCTIONS OF DEPUTY PRESIDENT (PAUL MASHATILE)
 Assist the president
 Second in charge
 Stands in for president if the president is not available
 Does the tasks that has been delegated by president to him.
 Has the same tasks as member of the cabinet

art and
culture

basic
finance
education

portfolios/de
partments
health labour

home
tourism
affairs

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CABINET PROCEDURES AND ACTIVITIES

 The president presides over cabinet meetings
 The cabinet functions as consensus-seeking body
 Each cabinet minister administers and manages his own portfolio

MINISTERS
FUNCTIONS AS MEMBER OF CABINET
 Political head of different state department
 Submit policy proposals to Cabinet concerning their departments
 Make proposals about objectives for his/her departments
 Ensuring that legislation is approved to fulfil these objectives
FUNCTIONS IN PARLIAMENT
 Answer questions concerning the activities of his/her department
 Must be well informed about executive and administration of his/her
department
FUNCTIONS AS POLITICAL OFFICE-BEARER
 Delegate administrative executive functions to officials in the
department
 Must devote time to party political affairs
You can add other roles page 76 of your textbook
FUNCTIONS AS LEADER OF THE RULLING POLITICAL PARTY
 A minister plays a leading role in the political party and takes
responsibility for the implementation of party objectives and policy

Executive authority at provincial level:

ELECTION OF THE PREMIER
 The provincial premier is elected after an election by the provincial legislature
 The premier must be a member of the provincial legislature
 A premier must not serve more than two terms of five years
POWERS/DUTIES/FUNCTIONS OF PREMIER
 Assent to and sign bills
 Appoints commission of enquiry
 Calls referenda for the province
 Implements provincial legislature
 Implements national legislature
 Administers the province

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EXECUTIVE COUNCIL
COMPOSITION OF EXECUTIVE COUNCIL:
 The premier is a member of the executive council
 The premier chooses between 5 and 10 members of the legislature to form
the executive council with him
POWERS AND FUNCTIONS OF EXECUTIVE COUNCIL:
 Assigns power to municipality
 May intervene when a municipal council does not follow regulations
 Responsible for tasks given to them by the premier

Executive authority at local government level:

POWERS AND FUNCTIONS OF EXECUTIVE COMMITTEES:
 Identify the needs of the municipality
 Review and evaluate those needs in order of priority
 Recommend to the municipal council strategies
 Recommend the best method
 Evaluate progress against the key performance indicators
Office bearers at local government level
1. Mayor and deputy mayor
2. Municipal manager
3. City secretary-Do all administration task (B) drawing up agendas, keeping
minutes and organising council meetings.
4. City treasurer-advise municipal council when it comes to money (B) dealing
with the money of the municipality.
5. Managers
DUTIES OF MAYOR:
 Presides at meetings of the executive council
 Performs the duties, including any ceremonial functions
 Exercises the powers delegated to the mayor
DUTIES OF MUNICIPAL MANAGER
 Head of administration in the municipality
 The appointment of staff subject to the employment equity
 The maintenance of discipline of staff
 The promotion of sound labour relations
 The administration and implementation of the municipality’s by-laws
 The implementation of national and provincial legislature

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AIMS OF THE DEPARTMENT OF JUSTICE

Development of common law in the interest of justice
Safety, security and freedom from crime
Well-trained and accessible staff
JUDICIAL AUTHORITY
Admisters/enforces the law
The courts must apply the law without fear
The courts are only subject to constitution
HIERARCHY OF THE JUDICIAL SYSTEM

constitutional court

supreme court of
appeal
high courts

magistrate's courts and other courts

Judicial service commission

COMPOSITION OF CONSTITUTIONAL COURT

Consists of 11 judges
They are appointed by the president of the country
Must retire at the age of 75
FUNCTIONS OF CONSTITUTIONAL COURT
Whether a bill is constitutional
If amendments to the constitution are constitutional
If the working of parliament is constitutional
COURT PROCEEDINGS
A matter before the court must be heard by at least 8 judges
In certain cases, legal aid will be provided
The court does not hear evidence
Hearings are open to the public and the press

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SUPREME COURT OF APPEAL

1. Is the highest court of appeal in all issues except constitutional issues.
2. It can hear and decide an appeal against any decision of the high court.
Composition of supreme court
1. Chief justice
2. Deputy justice
3. They are appointed by president after consultations
HIGH COURTS
1) They can give life sentences
2) Deals with serious matters that lower courts can not pass judgements
MAGISTRATE COURT
1) May decide on any issue
2) These courts are established in each regional district.
Small claims court
1) Make judgements in civil cases
2) The decisions of a small claims court are final and no appeal can be lodge.
JUDICIAL SERVICE COMMISSION
COMPOSITION TASKS/FUNCTIONS
The president of constitutional court. Assist the president with decisions on appointing
and dismissal of judges
Four permanent delegates to the Advice the national government on matters about
NCOP. the courts and the administration of justice.

AIMS OF STATE DEPARTMENTS

To provide public service
The mission is to meet the multi-disciplinary needs of the citizens
Ministers are head of department

Policy- set of rules and guidelines of how to behave at work

Watchdog body:
Functions of the public service
Promote the values and principles to public administration
Promote high standards of professional ethics
Report to parliament and provincial legislature

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•Investigate any conduct about wrong

public behaviour in public administation.
•to report and to take steps to all wrong doers
protector •anyone can approach the PP with complain
•appointed for only one term of 7 years

auditor •must audit and reports accounts of all organs

•all reports are made public
general •serves one one term of 7 to 10 years

•educate us on how to vote

IEC •manages all elections of all legislative bodies

according to national legislation
•ensure that the elections are free and fair

Government owns 51% of the state owned enterprise and 49% owned by them

STATE OWNED ENTERPRISE IN SA

1) SAA
2) Eskom
3) Telkom
4) Post office
5) SABC
RESEARCH INSTITUTIONS
1) National research foundation
2) Mintek
3) Sasol
4) Iscor
5) Eskom

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