GOVERNMENT
South Africa is a multiparty parliamentary democracy in which constitutional power is shared between the president and the Parliament.
The Parliament consists of two houses, the National Assembly and the National Council of Provinces, which are responsible for drafting the laws of the republic. The National Assembly also has specific control over bills relating to monetary matters. The current 400-member National Assembly was retained under the 1997 constitution, although the constitution allows for a range of between 350 and 400 members. The Assembly is elected by a system of "list proportional representation." Each of the parties appearing on the ballot submits a rank-ordered list of candidates. The voters then cast their ballots for a party.
Seats in the Assembly are allocated based on the percentage of votes each party
receives. In the 2009 elections, the ANC won 264 seats in the Assembly, less
than a two-thirds majority and a decrease of 15 seats from 2004; the Democratic
Alliance (DA) won 67, the Congress of the People (COPE) 30, the Inkatha Freedom
Party (IFP) 18, the Independent Democrats (ID) 4, the United Democratic Movement
(UDM) 4, the Vryheidsfront Plus 4, the African Christian Democratic Party (ACDP)
3, the United Christian Democratic Party (UCDP) 2, the Pan Africanist Congress
of Azania (PAC) 1, the Minority Front (MF) 1, the Azanian People’s Organization (AZAPO) 1, and African People’s Convention 1 seat. A new Assembly will be elected in 2014.
The National Council of Provinces (NCOP) consists of 90 members, 10 from each of
the nine provinces. The NCOP replaced the former Senate as the second chamber of
Parliament and was created to give a greater voice to provincial interests. It
must approve legislation that involves shared national and provincial
competencies as defined by an annex to the constitution. Each provincial
delegation consists of six permanent and four rotating delegates.
The president is the head of state, and is elected by the National Assembly from
among its members. Following the April 22, 2009 elections, the Assembly elected
Jacob Zuma as President. The president's constitutional responsibilities include
assigning cabinet portfolios, signing bills into law, and serving as commander
in chief of the military. The president works closely with the deputy president
and the cabinet.
On December 18, 2007, the African National Congress elected Jacob Zuma to the
post of ANC President after a hard-fought campaign between Zuma and Thabo Mbeki,
who was seeking an unprecedented third term as party president. Despite Zuma’s victory, Mbeki remained the country's President until September 2008, following a shake-up and internecine purge that displaced pro-Mbeki officers and allies in the Parliament, the government, and the party. The composition of the ANC National Executive Committee (NEC) membership shifted profoundly, replacing Mbeki’s allies with Zuma’s supporters. The newly elected ANC Deputy President, Kgalema Motlanthe, was made a Member of Parliament in February, then a Member of Cabinet in May 2008, with the expectation that he would facilitate a smooth transition from the Mbeki to the Zuma administration. However, following a September 2008 court judgment in Zuma’s long-running corruption trial, the judge suggested that it was possible that Zuma was a victim of an Mbeki-led political conspiracy and persecution in the form of a criminal prosecution. Within two weeks after the ruling, the pro-Zuma NEC demanded Mbeki step down as President, and Motlanthe was elevated to the presidency as a seven-month caretaker.
Elections on April 22, 2009 resulted in an ANC majority in Parliament which led to Zuma’s appointment as South Africa’s fourth post-apartheid president. Following his May 2009 inauguration as President of the country, Zuma found it necessary to restructure the disposition of ministries in an effort to enhance the overall efficiency of government. He accomplished this by splitting some old ministries and adding new ones.
The third arm of the central government is an independent judiciary. The Constitutional Court is the highest court for interpreting and deciding constitutional issues, while the Supreme Court of Appeal is the highest court for nonconstitutional matters. Most cases are heard in the extensive system of High Courts and Magistrates Courts. The constitution's bill of rights provides for due process including the right to a fair, public trial within a reasonable time of being charged and the right to appeal to a higher court. The bill of rights also guarantees fundamental political and social rights of South Africa's citizens.
Challenges
Ahead
South Africa’s post-apartheid governments have made remarkable
progress in consolidating the nation's peaceful transition to
democracy. Programs to improve the delivery of essential social
services to the majority of the population are underway. Access
to better opportunities in education and business is becoming
more widespread. Nevertheless, transforming South Africa's society
to remove the legacy of apartheid will be a long-term process
requiring the sustained commitment of the leaders and people of
the nation's disparate groups.
The Truth
and Reconciliation Commission (TRC), chaired by 1984 Nobel Peace
Prize winner Archbishop Desmond Tutu, helped to advance the reconciliation
process. Constituted in 1996 and having completed its work by
2001, the TRC was empowered to investigate apartheid-era human
rights abuses committed between 1960 and May 10, 1994; to grant
amnesty to those who committed politically motivated crimes; and
to recommend compensation to victims of abuses. In November, 2003,
the Government began allocation of $4,600 (R30,000) reparations
to individual apartheid victims. The TRC's mandate was part of
the larger process of reconciling the often conflicting political,
economic, and cultural interests held by the many peoples that
make up South Africa's diverse population. The ability of the
government and people to agree on many basic questions of how
to order the country's new society will remain a critical challenge.
One important
issue continues to be the relationship of provincial and local
administrative structures to the national government. Prior to
April 27, 1994, South Africa was divided into four provinces and
10 black "homelands," four of which were considered
independent by the South African Government. Both the interim
constitution and the 1997 constitution abolished this system and
substituted nine provinces. Each province has an elected legislature
and chief executive--the provincial premier. Although in form
a federal system, in practice the nature of the relationship between
the central and provincial governments continues to be the subject
of considerable debate, particularly among groups desiring a greater
measure of autonomy from the central government. A key step in
defining the relationship came in 1997 when provincial governments
were given more than half of central government funding and permitted
to develop and manage their own budgets. However, the national
government exerts a measure of control over provinces by appointing
provincial premiers.
Although
South Africa's economy is in many areas highly developed, the
exclusionary nature of apartheid and distortions caused in part
by the country's international isolation until the 1990s have
left major weaknesses. The economy is now in a process of transition
as the government seeks to address the inequities of apartheid,
stimulate growth, and create jobs. Business, meanwhile, is becoming
more integrated into the international system, and foreign investment
has increased dramatically over the past several years. Still,
the economic disparities between population groups are expected
to persist for many years, remaining an area of priority attention
for the government.
Human
Rights
The 1997 constitution's bill of rights provides extensive guarantees, including
equality before the law and prohibitions against discrimination; the right to
life, privacy, property, and freedom and security of the person; prohibition
against slavery and forced labor; and freedom of speech, religion, assembly, and
association. The legal rights of criminal suspects also are enumerated. The
constitution provides for an independent and impartial judiciary, and, in
practice, these provisions are respected. Economic rights articulated in the
constitution concerning a safe environment, housing, education, and healthcare
are not systematically enforced.
Since
the abolition of apartheid, levels of political violence in South
Africa have dropped dramatically. Violent crime and organized
criminal activity are at high levels and are a grave concern.
Partly as a result, vigilante action and mob justice sometimes
occur.
Some members
of the police commit abuses, and deaths in police custody as a
result of excessive force remain a problem. The government has
taken action to investigate and punish some of those who commit
such abuses. In April 1997, the government established an Independent
Complaints Directorate to investigate deaths in police custody
and deaths resulting from police action.
Although
South Africa's society is undergoing a rapid transformation, some
discrimination against women continues, and discrimination against
those living with HIV/AIDS remains. Violence against women and
children also is a serious problem.
Principal
Government Officials
State President--Jacob Gedleyihlekisa Zuma
Executive Deputy President--Kgalema Petrus Motlanthe
The
Republic of South Africa maintains an embassy
in the United States at 3051 Massachusetts Avenue NW, Washington,
DC 20008; tel. (202) 232-4400.
Type: Parliamentary democracy.
Independence: The Union of South Africa was created on May 31, 1910; became sovereign state within British Empire in 1934; became a republic on May 31, 1961; left the Commonwealth in October 1968; rejoined the Commonwealth in June 1994.
Constitution: Entered into force February 3, 1997.
Branches: Executive--president (chief of state) elected to a 5-year term by the National Assembly. Legislative--bicameral Parliament consisting of 490 members in two chambers. National Assembly (400 members) elected by a system of proportional representation. National Council of Provinces consisting of 90 delegates (10 from each province) and 10 nonvoting delegates representing local government. Judicial--Constitutional Court interprets and decides constitutional issues; Supreme Court of Appeal is the highest court for interpreting and deciding nonconstitutional matters.
Administrative subdivisions: Nine provinces: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, North-West, Northern Cape, Limpopo, Western Cape.
Political parties: African National Congress (ANC), Democratic Alliance (DA), Inkatha Freedom Party (IFP), Vryheidsfront Plus/Freedom Front Plus (FF+), Pan-African Congress (PAC), African Christian Democratic Party (ACDP), United Democratic Movement (UDM), and Azanian Peoples Organization (Azapo).
Suffrage: Citizens and permanent residents 18 and older.
