Parliament of South Africa

Parliament of South Africa
Name	Parliament of South Africa
Foundation	1910
House type	Bicameral
Leader1 type	Speaker of the National Assembly
Leader1	Nosiviwe Mapisa-Nqakula
Leader2 type	Chairperson of the National Council of Provinces
Leader2	Amos Masondo
Members	400 (350 + 90)
Meeting place	Houses of Parliament, Cape Town

Parliament of South Africa is the national legislature of the Republic of South Africa, consisting of two houses that enact legislation, scrutinize the President of South Africa, and represent provincial and national interests within the Constitution of South Africa framework. Established in its modern form after the adoption of the Constitution of the Republic of South Africa, 1996, it traces institutional roots to earlier bodies formed under the Union of South Africa and the Cape Colony. Meetings are held in the Houses of Parliament, Cape Town complex near Table Mountain, and the institution interacts closely with provincial legislatures such as the Western Cape Provincial Parliament and bodies like the South African Police Service and the South African Reserve Bank through legislation and oversight.

History

The legislature evolved from the Assembly of the Union of South Africa created by the South Africa Act 1909 during the era of Louis Botha and Jan Smuts, through apartheid-era transformations involving the Tricameral Parliament and the Republic of South Africa (1961–1994), to the post-apartheid architecture fashioned by negotiators at the Convention for a Democratic South Africa (CODESA) and enshrined by leaders including Nelson Mandela and F. W. de Klerk. Landmark statutes and constitutional milestones include the interim Constitution of South Africa, 1993, the final Constitution of the Republic of South Africa, 1996, and judicial interventions by the Constitutional Court of South Africa in cases such as the S v Makwanyane death penalty challenge. Historical debates in the chamber have involved figures like Oliver Tambo, Thabo Mbeki, Pieter Mulder, Mangosuthu Buthelezi, and Helen Suzman; policy disputes engaged institutions such as the African National Congress, Democratic Alliance (South Africa), and Economic Freedom Fighters, while parliamentary reform episodes referenced international models like the Westminster system and the Bundesrat.

Structure and Composition

The body is bicameral, comprising the National Assembly (South Africa) and the National Council of Provinces. The National Assembly contains 400 members elected by proportional representation under the administration of the Electoral Commission of South Africa; parties represented have included the African National Congress, Democratic Alliance (South Africa), Inkatha Freedom Party, and Economic Freedom Fighters. The National Council of Provinces has delegations from the nine provinces—Gauteng, KwaZulu-Natal, Eastern Cape, Western Cape, Limpopo, Mpumalanga, Free State, North West, Northern Cape—and includes provincial premiers and members chosen by provincial legislatures such as the Gauteng Provincial Legislature. Leadership roles include the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, and offices interact with the Public Protector (South Africa), the Auditor-General of South Africa, and parliamentary legal advisers.

Powers and Functions

Constitutional powers derive from the Constitution of the Republic of South Africa, 1996 and include lawmaking, budget approval tied to the National Treasury (South Africa), oversight of the President of South Africa and cabinet ministers like the Minister of Finance (South Africa), and ratification of international agreements subject to the International Relations and Cooperation (South Africa). The legislature can institute inquiries, pass motions of no confidence influencing administrations such as those led by Jacob Zuma or Cyril Ramaphosa, and shape policies affecting institutions like the South African Revenue Service, Department of Home Affairs (South Africa), and the Department of Health (South Africa). Judicial review by the Constitutional Court of South Africa and appeals to the Supreme Court of Appeal delineate the limits of parliamentary authority.

Legislative Process

Bills originate in either house depending on subject matter, with money bills initiated in the National Assembly and other bills sometimes introduced by ministers such as the Minister of Justice and Correctional Services (South Africa) or by private members from parties including the United Democratic Movement and Freedom Front Plus. Drafting involves the Government Printing Works and consultation with bodies like the South African Law Reform Commission and the Council for the Advancement of the South African Constitution. The process includes first, second and third readings, committee review, possible mediation by the Joint Committee on Constitutional Review or National Assembly committees, presidential assent by the President of South Africa, and publication in the Government Gazette (South Africa). Landmark statutes passed through this process include the Promotion of Access to Information Act and the National Health Act.

Committees and Oversight

Parliamentary committees—portfolio, standing, and select—provide detailed scrutiny of legislation and administration; examples include the Portfolio Committee on Health (South Africa), Standing Committee on Public Accounts, and the Ad Hoc Committee on Land Reform. Committees summon ministers, heads of agencies like the South African Broadcasting Corporation and the Independent Electoral Commission, and officials from the South African National Defence Force and South African Airways for accountability. Oversight mechanisms have produced reports leading to investigations by the Public Protector (South Africa), impeachment inquiries, and referrals to law enforcement such as the South African Police Service or the National Prosecuting Authority (South Africa).

Relationship with the Executive and Judiciary

The legislature operates within a separation of powers balanced by the President of South Africa who is elected by the National Assembly, and by judicial review from the Constitutional Court of South Africa and the High Courts of South Africa. Interactions with the executive branch involve committee summonses to cabinet ministers like the Minister of Public Enterprises and engagements with state-owned enterprises such as Transnet and Eskom. Constitutional disputes have seen intervention by the Constitutional Court of South Africa in matters involving parliamentary privilege, statutory interpretation, and compliance with international obligations like treaties processed through the Department of International Relations and Cooperation (South Africa).

Electoral System and Representation

Members are elected under a proportional representation list system administered by the Electoral Commission of South Africa with national and provincial lists; the system affects party representation for entities including the African National Congress, Democratic Alliance (South Africa), Economic Freedom Fighters, African Christian Democratic Party, and Congress of the People (South Africa). The arrangement interacts with demarcation bodies like the Municipal Demarcation Board for local representation, and with constitutional protections such as the Bill of Rights (South Africa) ensuring minority rights. Electoral disputes are adjudicated by courts including the Electoral Court of South Africa and have involved challenges by parties like the Pan Africanist Congress of Azania and independent candidates.

Category:Politics of South Africa