South African Constitutional Law Overview
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Questions and Answers

What is the doctrine of separation of powers in South Africa?

It separates state authority into legislative, executive, and judicial authority to prevent abuse of power.

What is the principle of constitutional supremacy from a South African perspective?

It states that the rules of the Constitution are binding on all branches of the state and have priority over any other laws.

What is the role of the Public Protector in South Africa?

The Public Protector supports and strengthens constitutional democracy by overseeing the actions of government officials and ensuring accountability.

What are the three different types of municipalities in South Africa?

<p>District municipalities, local municipalities, and metropolitan municipalities.</p> Signup and view all the answers

What are the three 'executive systems' of municipal governance?

<p>Mayor-council system, council-manager system, and the collective executive system.</p> Signup and view all the answers

What are the four categories of supervisory powers the Constitution gives to the national and provincial spheres of government over local government?

<p>Monitoring, oversight, intervention, and support.</p> Signup and view all the answers

What is the significance of co-operative governance and inter-governmental relations in the South African Constitution?

<p>They promote collaboration among different levels of government to address common goals and challenges.</p> Signup and view all the answers

What is the difference between the President as the Head of State and as the Head of Government?

<p>The Head of State represents the nation, while the Head of Government is responsible for running the government.</p> Signup and view all the answers

What are the processes of removing the President through impeachment and through a motion of no confidence?

<p>Impeachment involves formal charges and a trial, while a motion of no confidence is a parliamentary vote that can lead to removal.</p> Signup and view all the answers

The Public Protector can instruct the President to perform his obligations as Head of State.

<p>True</p> Signup and view all the answers

Who holds the ultimate responsibility for ensuring that the national government complies with the law?

<p>The President</p> Signup and view all the answers

What is the required vote percentage for impeachment of the President by the National Assembly?

<p>66.6%</p> Signup and view all the answers

What section of the Constitution provides for the removal of the President?

<p>Section 89</p> Signup and view all the answers

What reasons could lead to the removal of the President according to Section 89?

<p>All of the above</p> Signup and view all the answers

The President has the authority to appoint the Deputy President and Cabinet Ministers.

<p>True</p> Signup and view all the answers

What is required for the National Assembly to pass a motion of no confidence against the President?

<p>A simple majority (51%)</p> Signup and view all the answers

What does section 1(c) of the Constitution provide about the Republic of South Africa?

<p>It provides that the Republic of South Africa is one sovereign, democratic state founded on the supremacy of the Constitution and the rule of law.</p> Signup and view all the answers

The Constitution of South Africa is not the supreme law of the Republic.

<p>False</p> Signup and view all the answers

Which of the following categories is NOT a type of municipality as per section 155?

<p>Category D municipalities</p> Signup and view all the answers

What is the role of the Public Protector in South Africa?

<p>The Public Protector investigates any conduct of the government or administration that is alleged or suspected to be improper or to result in any impropriety or prejudice.</p> Signup and view all the answers

The findings of the Public Protector are considered mere recommendations that can be ignored by other organs of state.

<p>False</p> Signup and view all the answers

How many metropolitan municipalities are there in South Africa?

<p>There are 8 metropolitan municipalities.</p> Signup and view all the answers

Which executive system allows for the mayor to play a more ceremonial role?

<p>Collective executive system</p> Signup and view all the answers

The three spheres of government in South Africa are national, provincial, and ______.

<p>local</p> Signup and view all the answers

What does section 84(2) of the Constitution outline?

<p>It lists the powers of the Head of State, including assenting to and signing Bills.</p> Signup and view all the answers

Study Notes

Separation of Powers

  • The doctrine of separation of powers divides government authority into three branches: legislative, executive, and judicial
  • This aims to prevent any single person or body from wielding excessive control
  • The legislative branch has the power to create, amend, and repeal laws
  • The executive branch enforces and executes the laws
  • The judicial branch interprets laws and applies them to specific cases
  • Separation of powers in South Africa is not a fixed or rigid doctrine
  • Checks and balances are in place to prevent any one branch from overpowering the others

Constitutional Supremacy

  • The Constitution is the supreme law of South Africa and overrides all other laws
  • The Constitution is binding on all branches of government
  • The Constitution's supremacy is embedded in the principles of constitutional democracy
  • Section 1 of the Constitution states that South Africa is a democratic state based on the value of constitutional supremacy
  • Section 2 of the Constitution declares that it is the supreme law of the Republic and invalidates any law or conduct inconsistent with it
  • The courts have not yet fully explored the difference between constitutional supremacy as a value (section 1) and as a binding rule (section 2)

Constitutional Supremacy

  • The South African Constitution is the supreme law of the land.
  • All laws and conduct must comply with the Constitution, and any failure to do so can result in invalidity.
  • The Constitution is justiciable, meaning courts can review the validity of laws and conduct against its provisions.
  • Judicial review is an important aspect of constitutional supremacy, allowing courts to invalidate any law or conduct inconsistent with the Constitution.

Public Protector

  • The Public Protector is an independent Chapter 9 institution set up by the Constitution to promote justice.
  • The Public Protector's role is to investigate improper conduct in state affairs and public administration.
  • The Public Protector can take remedial action, which is binding, and can direct its implementation.
  • Examples of the Public Protector's remedial action include requiring the President to pay a reasonable percentage of the cost of non-security measures at his residence.

Municipal Structures

  • South Africa has three categories of municipalities defined in Section 155:
    • Metropolitan municipalities (Category A): Large cities like Johannesburg, Cape Town, Durban, and Tshwane. Possess exclusive municipal executive and legislative authority in their areas.
    • Local municipalities (Category B): Towns and surrounding rural areas, including villages. They operate with a district municipality (Category C).
    • District municipalities (Category C): Responsible for coordinating several local municipalities in a region, executing some local government functions within their district.
  • The Municipal Structures Act outlines three executive systems:
    • Collective executive system: Mayor has a ceremonial role, real power resides in the collective executive committee.
    • Mayoral executive system: Executive power vested in the executive mayor, assisted by a mayoral committee.
    • Plenary executive system: Executive authority exercised by the municipal council itself.

Intergovernmental Coordination

  • The Constitution acknowledges the legislative and executive powers of local government but recognizes their often weaker capacity compared to other spheres.
  • National and provincial spheres supervise local government's exercise of its powers through:
    • Monitoring
    • Supporting
    • Regulating
    • Intervening
  • The principle of co-operative government manages potential conflicts between national, provincial, and local spheres that have overlapping powers.
  • Chapter 3 of the Constitution emphasizes the distinctiveness, interdependence, and interrelatedness of the three spheres and requires all spheres and organs to adhere to the principles of co-operative government.
  • Section 41 outlines key principles, including:
    • Not encroaching on the integrity of other spheres.
    • Operating with mutual trust and good faith.

Powers of the President

  • The President acts as both Head of State and Head of the Executive.
  • Head of State powers:
    • Represents all citizens.
    • Cannot delegate or abdicate these powers.
    • Section 84(2):
      • Assent to and signs bills.
      • Refers bills back to the National Assembly for reconsideration or to the Constitutional Court for constitutionality review.
      • Summons parliamentary sittings for special business.
      • Makes appointments mandated by the Constitution or legislation.
      • Appoints commissions of inquiry.
  • Head of the Executive powers:
    • Exercises executive authority alongside the Cabinet.
    • Appoints and dismisses the Deputy President, Cabinet Ministers, and Deputy Ministers.
    • Appoints the leader of government business in the National Assembly.
    • Implements national legislation.
    • Develops and implements national policy.
    • Coordinates state departments.
    • Prepares and initiates legislation.
    • Appoints the National Director of Public Prosecutions, Military Command, National Commissioner of Police, heads of intelligence services, and members of state-owned entity boards.
  • Removal of the President:
    • Section 89: The National Assembly can remove the President through a resolution with a two-thirds majority vote on grounds of:
      • Serious violation of the Constitution or law.
      • Serious misconduct.
      • Inability to perform the functions of office.

President Removal

  • Removing the president through impeachment requires a two-thirds majority vote and proof of a serious violation of the Constitution, law, or misconduct.
  • On April 5, 2016, the Democratic Alliance introduced an impeachment motion against President Jacob Zuma, following the Constitutional Court's decision concerning the Public Protector's report on non-security upgrades for Nkandla.
  • The motion failed with 143 votes in favor and 233 against.
  • The National Assembly can remove the President by passing a motion of no confidence with a simple majority (51% or 201 out of 400 members).
  • This method relies on the president losing the support of their party, which is deemed unlikely in South Africa.
  • The case of Mazibuko v Sisulu (2013) involved a similar attempt by the Democratic Alliance to remove the president.

Impeachment Grounds

  • Impeachment requires proof of a serious violation of the Constitution, law, or misconduct.
  • A court order declaring such a violation is necessary for impeachment to be successful.

No Confidence Motion

  • A motion of no confidence requires only a simple majority vote.
  • Successful removal through this process needs the president to lose the support of their party.

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May-June 2022 Constitutional Law Past Paper PDF

Description

This quiz explores key principles of South African constitutional law, including the doctrine of separation of powers, constitutional supremacy, and the role of the Public Protector. It also covers the structure of municipal governance and the relationship between different levels of government. Test your knowledge on these fundamental aspects of South African law!

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