Government of South Africa
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The Government of South Africa, or South African Government, is the national government of the Republic of South Africa, a
parliamentary republic A parliamentary republic is a republic that operates under a parliamentary system of government where the Executive (government), executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). ...
with a three-tier system of government and an independent
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, operating in a
parliamentary system A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their Election, democratic legitimacy from their ability to command the support ("confidence") of a majority of t ...
. Legislative authority is held by the
Parliament of South Africa The Parliament of the Republic of South Africa is South Africa's legislature. It is located in Cape Town; the country's legislative capital city, capital. Under the present Constitution of South Africa, the bicameralism, bicameral Parliamen ...
. Executive authority is vested in the President of South Africa who is head of state and head of government, and their Cabinet. The President is elected by the Parliament to serve a fixed term. South Africa's government differs from those of other Commonwealth nations. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the South African
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
as "distinctive, interdependent and interrelated". Operating at both national and provincial levels ("domes") are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of cooperative governance. The national
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
is composed of three inter-connected branches; the legislature (parliament, consisting of the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
and the National Council of Provinces), the executive (the President, who is both
Head of State A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
and
Head of Government In the Executive (government), executive branch, the head of government is the highest or the second-highest official of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presid ...
), and the judiciary (the Constitutional Court, the Supreme Court of Appeal, and the High Court). All bodies of the South African Government are subject to the rule of the Constitution, which is the supreme law in South Africa.


Legislative


Executive

The President,
Deputy President A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
and the Ministers of the South African Government make up the executive branch of the national government. Ministers are Members of Parliament who are appointed by the President to head the various departments of the national government. The president is elected by parliament from its members.


Judicial

The third branch of the national government is an independent judiciary. The judicial branch interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. The legal system is based on
Roman-Dutch law Roman-Dutch law ( Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, ...
and English common law and accepts compulsory ICJ jurisdiction, with reservations. The constitution's bill of rights provides for due process including the right to a
fair A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Fairs showcase a wide range of go ...
, public trial within a reasonable time. * Magistrates' Courts – The court where civil cases involving less than R100 000, cases.


Provincial government


Local government

Local government Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
in South Africa consists of municipalities of various types. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country is divided into district municipalities, each of which consists of several local municipalities. After the municipal election of 18 May 2011 there were eight metropolitan municipalities, 44 district municipalities and 226 local municipalities. Municipalities are governed by
municipal council A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, borough cou ...
s which are elected every five years. The councils of metropolitan and local municipalities are elected by a system of
mixed-member proportional representation Mixed-member proportional representation (MMP or MMPR) is a type of representation provided by some mixed electoral system, mixed electoral systems which combine local Winner-take-all system, winner-take-all elections with a Compensation (el ...
, while the councils of district municipalities are partly elected by proportional representation and partly appointed by the councils of the constituent local municipalities.


Opposition

In each legislative body, the party or coalition of parties holding a majority of seats forms the government. The largest party not in the government is recognised as the official opposition.


References


External links

*
Constitution of South Africa
{{Authority control Political organisations based in South Africa