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National Assembly of South Africa

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Parent: Treaty of Pelindaba Hop 4
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National Assembly of South Africa
NameNational Assembly of South Africa
LegislatureParliament of South Africa
House typeLower house
BodyParliament of South Africa
Established1994
Preceded byHouse of Assembly (Union of South Africa)
Leader1 typeSpeaker
Members400
Voting systemProportional representation
Last election8 May 2019
Meeting placeCape Town

National Assembly of South Africa is the lower house of the bicameral Parliament of South Africa and one of the principal legislative bodies created in the post‑apartheid constitutional order established in 1994. It sits alongside the National Council of Provinces in the Parliament complex at Cape Town and operates under the Constitution of South Africa promulgated in 1996. The Assembly's membership and procedures reflect negotiated settlements involving actors such as the African National Congress, Democratic Alliance, Inkatha Freedom Party, Pan Africanist Congress of Azania, and international mediators including figures linked to the United Nations and the Commonwealth.

History

The institution emerged from the negotiated transition that included the CODESA talks, the Convention for a Democratic South Africa process, and the interim arrangements following the first fully inclusive elections of 1994 in which leaders such as Nelson Mandela, Thabo Mbeki, F. W. de Klerk, and representatives of the ANC Youth League played prominent roles. Its antecedents can be traced to colonial and Union parliaments associated with the Cape Colony, Natal Colony, Orange River Colony, and Transvaal Colony, and later the House of Assembly (Union of South Africa), whose composition and franchise were reshaped through milestones like the South African Constitution Act 1993 and the final Constitution adopted in 1996. Landmark legislative episodes included debates over the Truth and Reconciliation Commission, legislation influenced by jurists connected to Constitutional Court of South Africa decisions, and policy struggles involving the Reconstruction and Development Programme, Growth, Employment and Redistribution strategies, and post‑apartheid reconciliation measures. Internationally visible moments involved interactions with the International Criminal Court, responses to Apartheid legacies, and engagements with regional bodies like the African Union and the Southern African Development Community.

Composition and Electoral System

The Assembly comprises 400 members elected by proportional representation through closed party lists, a system influenced by comparative models such as those seen in Germany, Sweden, Netherlands, and practices debated at fora including the Inter-Parliamentary Union and Venice Commission. Seats are allocated through mechanisms akin to the Sainte-Laguë or largest remainder methods employed in many modern legislatures. Major parties represented historically include the African National Congress, Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party, Freedom Front Plus, African Christian Democratic Party, United Democratic Movement, and a range of smaller parties reflecting constituencies from regions such as Gauteng, KwaZulu-Natal, Western Cape, Eastern Cape, Limpopo, and Mpumalanga. High‑profile politicians elected to the Assembly have included Jacob Zuma, Cyril Ramaphosa, Helen Zille, Julius Malema, Tony Leon, and Mosiuoa Lekota, while legislative staff and clerks often liaise with institutions like the South African Local Government Association and civil society organizations such as Section27 and Black Sash.

Powers and Functions

Constitutional powers derive from the Constitution of South Africa and include lawmaking, oversight of the President of South Africa and Cabinet, budget approval in coordination with the National Treasury, and functions linked to the appointment and removal of officeholders such as the Public Protector, members of the Constitutional Court of South Africa, and heads of Chapter 9 institutions like the Human Rights Commission. The Assembly exercises oversight through instruments comparable to motions of no confidence, impeachment procedures similar in effect to mechanisms found in parliamentary democracies such as the United Kingdom, Canada, and Australia, and budgetary scrutiny paralleling practices of the United States House of Representatives in legislative review though differing in structure. It also ratifies international agreements and interacts with treaty processes involving entities such as the United Nations Security Council and World Bank projects affecting South African law and policy.

Parliamentary Procedure and Committees

Procedure is governed by standing rules comparable to parliamentary codes used in assemblies like the New Zealand House of Representatives and under the supervision of the Speaker of the National Assembly and clerks trained in comparative legislative practice drawing on resources from the Commonwealth Parliamentary Association. The Assembly operates a committee system including portfolio committees on departments such as Health, Education, Finance, Defence, Home Affairs, Energy, and thematic committees addressing issues involving the South African Police Service, State Capture investigations, and public enterprises such as Eskom and South African Airways. Committees summon ministers, subpoena witnesses, consider bills clause‑by‑clause, and coordinate with provincial legislatures like the Western Cape Provincial Parliament and bodies like the Judicial Service Commission. Prominent committee chairs and members have included figures who intersect with civil society, trade unions like the Congress of South African Trade Unions, and business organizations such as the Business Unity South Africa.

Leadership and Officers

Leadership posts include the Speaker, Deputy Speaker, Chief Whip of the majority party, and leaders of opposition parties including the Leader of the Opposition—roles previously held by politicians like Baleka Mbete, Max Sisulu, Mangosuthu Buthelezi, and Mmusi Maimane. Parliamentary officers encompass the Clerk, Sergeant‑at‑Arms, and chief procedural advisers whose functions parallel those in legislatures such as the U.S. House of Representatives and European Parliament. Party whips coordinate legislative schedules with the Minister of Justice and Correctional Services and liaise with institutional actors like the Electoral Commission of South Africa during election periods. The Speaker represents the Assembly in relations with the President, provincial premiers, and international parliamentary delegations from states like Nigeria, United Kingdom, India, Brazil, and multilateral organizations including the Southern African Development Community Parliamentary Forum.

Relationship with Other Branches of Government

The Assembly interacts constitutionally with the Executive through questions, interpellations, and committee oversight of ministries including the Department of Health, Department of Basic Education, and SAPS structures, and with the Judiciary via the appointment process for the Constitutional Court and statutory responses to judicial rulings. It coordinates with the National Council of Provinces on legislation affecting provinces and with provincial legislatures such as the Gauteng Provincial Legislature on concurrent competencies. Its oversight and accountability roles have been central in high‑profile investigations into phenomena labeled under State Capture and in policy disputes involving stakeholders like Gold Fields, Anglo American plc, Sasol, and labor federations including the National Union of Mineworkers. International interactions include parliamentary diplomacy with delegations from the United States Congress, European Parliament, and regional legislatures, shaping South Africa's legislative responses to global challenges discussed at forums such as the United Nations General Assembly and the World Trade Organization.

Category:Parliament of South Africa