Chapter 11: The National Legislative Authority

Question 1

The national legislative authority

Answer 1

Remember: section 43 a) states that the legislative authority of the national sphere of Gov is vested in Parliament as stated in section 44 of the Const

Question 2

Who is the national legislative authority vested in?

Answer 2

Parliament as stated in section 43a) of const and see section 44(1)

Question 3

Functions of Parliament

Answer 3

RCRJAL
R-Represent
C-Control
R-Regulate conflict
J&A- Judicial & Administrative
L-Legislative

Question 4

What is the composition of the SA parliament?

Answer 4

Section 42(1) the Parliament of SA is comprised of the NA & NCoP

Question 5

Why do we have more than one house in Parliament?

Answer 5

Having more than one house in Parliament results in better representation, it alleviates parliament workload & it results in a thorough consideration of matters

Question 6

The function of the NA

Answer 6

Section 42(3)

1. Represent the people
2. Ensure a gov by the people under the const.
3. To pick the president
4. Provide a forum for public consideration of issues
5. Pass legislation
6. Oversee executive action

Question 7

The function of the NCoP

Answer 7

Section 42(4)
Represents the provinces in parlia
Ensure that provincial interests are taken into account in the national sphere
Participate in the national legislative process
Provide a public forum for issues that affect the provinces

Question 8

Composition of the NCoP

Answer 8

Section 60 & 61 of Const & part B of Schedule 3 of the Electoral Act

It consists of 10 delegates per province therefore 10×9=90members

4 special delegates- Premier & 3 other special delegates
Function: they involve the provincial executives in the activities of the NCoP, and they improve the direct involvement of provinces in the national-decision making process

6 permanent delegates are designated by each provincial legislature on a proportional basis

Question 9

Can the powers of parliament be restricted?

Answer 9

Yeah

1. They are subject to the BoR
2. When legislative powers are distributed between Parliament & other legislatures

Question 10

What are the legislative powers of the NA?

Answer 10

Section 44(1)(a)

1. Amend the Const
2. Pass legislation
3. The power to confer legislative powers on another legislative body(except the power to amend the Const)

Question 11

What are the legislative powers of the NCoP?

Answer 11

Section 44(1)(b)

1. Participate in amending the Const in line w section 74
2. Pass legislation in line w section 76
3. Power to consider legislation passed by NA in line w sec 75

Question 12

Can parliament participate in provincial legislative matters?

Answer 12

Yes, section 44(2) states that parliament can participate in provincial functional areas listed in schedule 5 pg 318
& legislation for matter in schedule 4

Parliament is bound by Consti when exercising its legislative authority section 44(3)

Question 13

Discuss additional legislative powers of the NA

Answer 13

Section 55(1)
A- consider, pass, amend or reject legislation before assembly
B- to initiate or prepare legislation, except money bills

Section 55(2)
A- Hold executive members accountable
B- maintain oversight of executive

Question 14

Further legislative powers of the NCoP

Answer 14

Section 68
They can amend, pass or reject or consider legislation before Council

They can initiate or prepare leg that falls in schedule 4 & or 76(2) except money bills

Question 15

The electoral system

Answer 15

Determines how votes cast in an election(by the electorate) will be translated into seats in the legislature

Question 16

Discuss the Constituency system

Answer 16

The country is divided into certain geographical units/ constituencies, which reflect the voters’ representatives directly.

Is divided into SS & MS

SS- can be based on a relative majority, where the candidate who receives the most votes is elected

Or it can be based on an absolute majority, where an elected candidate receives an absolute majority of 50%+1

Ms discuss

Question 17

Why is the Constituency system criticised?

Answer 17

1. It does provide proper representation

2. The support of certain political parties are not accurately reflected

Question 18

The system of Proportional Respresentation

Answer 18

-Aims to bring a direct relationship between the % of votes cast in favour of a certain political party & the number of seats allocated to a said political party by the legislature

Divided into 2
-The list system, a voter casts a single vote in favour of a political party, and then that political is allocated a percentage of seats about votes secured
These seats are filled by the members from a list that was complied & submitted by the political party before the elections

-The preferential system
The electorate casts a vote for individual candidates who are not specific to a political party and their names are arranged in order of preference according to votes

Question 19

Why is the system of proportional representation criticised?

Answer 19

1. It creates a proliferation of smaller political parties
2. It creates unstable coalition governments

But this can be alleviated through a requirement of min % support- meaning that a % of support is required before seats can be secured

Question 20

Is it possible to have a combination of a system of proportional representation and a constituency system?

Answer 20

Yes if section 46(1)(d) is read w sec 157

But general conformation to the system of proportional representation is required

Question 21

Where did the system of parliamentary franchise originate?

Answer 21

It originated from the principle of representation

The right to the franchise is the right of every citizen to elect the people of their choice whom they want to serve in Parliament- well established democratic principle.

Question 22

Is the right to vote protected?

Answer 22

Yes, it is constitutionally entrenched & protected as seen in section 19 of BoR

Also, it is in line w international human rights law section 1(d) of Const

Finally, section 46 of Const mentions the Common National Voters Roll & the minimum age to vote.

Question 23

The different elements of the right to vote as mentioned in section 19

Answer 23

1. General/universal
   The right extends to all citizens who comply w mini requirements
2. Equal
   All votes carry the same weight
3. Direct
   All votes have a direct influence on results
4. Exercised in Secrecy
   Secrete ballots ensure voluntary and intimation-free results
   Section 38 of the Electoral Act protects the secrecy of votes

Question 24

Can the right to vote be limited?

Answer 24

Yes, the right to vote is not absolute meaning that it can be limited

Section 19(2) & (3) of BoR limits the right to vote to adult citizens, meaning if you are not citizen you can’t vote

Section 46(1)(c)of the Const limits right to vote to people from 18years & above

But any limitation of any legislation must be in line with section 36 of the Const, which is the limitation clause