Introduction to Law: Executive Authority

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Questions and Answers

What is the main function of the Judicial Service Commission (JSC)?

To advise the government on the administration of justice

Who appoints the judges of the Constitutional Court?

The President on the advice of the JSC

Under what circumstances can a judge be removed?

If they suffer from an incapacity, are grossly incompetent, or are guilty of misconduct

Who investigates allegations of improper conduct of government officials?

The Public Protector Signup and view all the answers

What is the main function of the Human Rights Commission?

To promote respect for and protection of human rights Signup and view all the answers

What is the main function of the Commission for Gender Equality?

To promote equality of women and men in SA Signup and view all the answers

What is the main function of the Auditor-General?

To monitor and report on the financial management of government departments Signup and view all the answers

What was the main function of the Truth and Reconciliation Commission?

To investigate human rights violations emanating from Apartheid Signup and view all the answers

Who is the head of the National Executive in South Africa?

The President Signup and view all the answers

What is the role of the Deputy President in the Executive Authority?

To assist the President and the Ministers Signup and view all the answers

Who appoints the members of the Executive Council in a province?

The Premier Signup and view all the answers

What is the function of the municipal councils in the local sphere?

To perform both legislative and executive functions Signup and view all the answers

Where is the judicial authority vested in South Africa?

The courts Signup and view all the answers

Who appoints the members of the Constitutional Court?

The President Signup and view all the answers

What is the minimum number of Constitutional Court judges who must have been judges before their appointment?

4 Signup and view all the answers

What is the total number of judges in the Constitutional Court?

11 Signup and view all the answers

What was provided to persons who made full disclosure of relevant facts?

Amnesty Signup and view all the answers

What is the role of the National House of Traditional Leaders?

To promote traditional leadership within the democratic constitutional dispensation Signup and view all the answers

What is a key characteristic of the Constitution?

It is a written document contained in a single codified source Signup and view all the answers

What is required to amend the Constitution?

A 75% majority in the National Assembly and 6/9 of the NCOP Signup and view all the answers

What is a feature of the Constitution?

It has a federal system of government with three levels: national, provincial, and local Signup and view all the answers

What is the aim of the Constitution?

To bridge the authoritarian past and current political culture Signup and view all the answers

What is the significance of the Constitution?

It is a transformative document Signup and view all the answers

What is the relationship between traditional leaders and customary law?

They are subject to the Constitution Signup and view all the answers

Study Notes

Executive Authority

Head of National Executive: President, elected by the National Assembly (NA) from its members
The President appoints a Deputy and Ministers, who head different government departments
Executive Authority: President + Deputy President + Ministers = Cabinet
Head of Provincial Executive: Provincial Premier, elected by the Provincial Legislature from its members
Premier appoints between 5-10 members of the Provincial Legislature as an Executive Council
Executive functions in the local sphere performed by municipal councils, which perform both legislative and executive functions

Judicial Authority

Judicial authority vests in the courts, which are independent and impartial
Court decisions bind all persons and organs of state against which they are directed
Constitutional Court (CC) consists of the Chief Justice, Deputy Chief Justice, and 9 judges
CC judges are appointed by the President from a list of names submitted by the Judicial Service Commission (JSC)
Judges of other courts are appointed by the President on the advice of the JSC
Judges may be removed if the JSC finds them to be incapacitated, grossly incompetent, or guilty of misconduct, with NA approval

State Institutions Supporting Constitutional Democracy

Public Protector investigates allegations of improper conduct of government officials, but not court decisions
Human Rights Commission promotes respect for and protection of human rights, and handles complaints through an informal, non-judicial procedure
Commission for Gender Equality promotes equality of women and men in SA, monitors legislation, and investigates complaints
Auditor-General monitors and reports on the financial management of government departments
Other state institutions include the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and the Commission on the Restoration of Land Rights

Traditional Leaders

African systems of government through chieftaincy predates European conquest and democracy
The Constitution recognises the position of traditional leaders and customary law, subject to the Constitution
National House of Traditional Leaders promotes traditional leadership within the democratic constitutional dispensation

Key Characteristics and Transformative Constitutionalism

The Constitution is a written document contained in a single codified source
It has federal features, with co-operative government at national, provincial, and local levels
It aims to curb the abuse of power and implement consequences, transforming the authoritarian past and current political culture