Functions and Composition of Parliament Flashcards
Levels of Government
1)National
2)Middle/Regional
3)Local
Sec 40(1) of the Constitution
(Government of the Republic)
In the Republic, government is constituted as national, provincial and local spheres
of government which are distinctive, interdependent and interrelated
Sec 43 Legislative authority of the Republic
In the Republic, the legislative authority
(a) of the national sphere of government is vested in Parliament, as set out in section 44:
(b) of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104;
(c) of the local sphere of government is vested in the Municipal Councils, as set out in section 156.
Section 1(d) of the Constitution
Sec 46(1)
Sec 19(3)
(
Functions of Parliament
1)Representative
2)Control
3)Conflict-regulations
4)Judicial & Admin
5)Legislative function
Composition of Parliament: Section 42(1)
Section 42(3)
The National Assembly is elected to represent the people and to ensure government
by the people under the Constitution. It does this by choosing the President, by providing a national forum for public consideration of issues, by passing legislation
and by scrutinizing and overseeing executive action.
Section 42(4): Function of NCoP
The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces.
Section 86
Election of President
(1) At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the
President.
(2) The Chief Justice must preside over the election of the President or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the
election of the President.
Section 87
Assumption of Office By President
When elected President, a person ceases to be a member of the National Assembly and,
within five days, must assume office by swearing or affirming faithfulness to the Republic
and obedience to the Constitution, in accordance with Schedule 2.
Powers of National Assembly
Section 55
In exercising its legislative power, the National Assembly may—
(1) (a) consider, pass, amend or reject any legislation before the Assembly; and
(b) initiate or prepare legislation, except money Bills.
(2) The National Assembly must provide for mechanisms—
(a) to ensure that all executive organs of state in the national sphere of
government are accountable to it;
Powers of NCoP: Section 68
In exercising its legislative power, the National Council of Provinces may—
(a) consider, pass, amend, propose amendments to or reject any legislation before the Council, in accordance with this Chapter
(b) initiate or prepare legislation falling within a functional area listed in Schedule 4 or other legislation referred to in section 76(3), but may not initiate or prepare money Bills.
National legislative authority
Sec 44
Sec 44(1)(a)
Powers of the National Assembly
The national legislative authority as vested in Parliament—
(a) confers on the National Assembly the power
(i) to amend the Constitution;
(ii) to pass legislation with regard to any matter, including a matter within a
functional area listed in Schedule 4, but excluding, subject to subsection
(2), a matter within a functional area listed in Schedule 5
(iii)to assign any of its legislative powers, except the power to amend the
Constitution, to any legislative body in another sphere of government.
Sec 44(1)(b)
Powers of the NCoP
(b) confers on the National Council of Provinces the power
(i) to participate in amending the Constitution in accordance with section
74
(ii) to pass, in accordance with section 76, legislation with regard to any
matter within a functional area listed in Schedule 4 and any other matter
required by the Constitution to be passed in accordance with section 76;
(iii)to consider, in accordance with section 75, any other legislation passed
by the National Assembly.
Sec 44(2):
Power of Intervention
Parliament may intervene, by passing legislation in accordance with section 76(1),
with regard to a matter falling within a functional area listed in Schedule 5, when it is necessary—
(a) to maintain national security;
(b) to maintain economic unity;
(c) to maintain essential national standards;
(d) to establish minimum standards required for the rendering of services;
(e) to prevent unreasonable action taken by a province which is prejudicial to the
interests of another province or to the country as a whole.
