Theme 10 Flashcards
Branches of authority
- Executive (cabinet)
- Legislature (parliament)
- Judiciary (courts of law)
Bodies who exercise executive authority
- President
- Ministers
- Cabinet
- Public servants
National executive
Branch that is responsible for exercising day to day governmental authority.
National executive authority
The power to execute rules of law at National level throughout the whole territory of the state. Based on a system of parliamentary government.
Presidents duties
• Section 83 - Head of state & head of national executive body
• Must uphold, defend and respect Constitution as supreme law.
• Promote unity of the nation.
Election of president
• Section 86 read with schedule 3 - Monarchial system means head of state is determined through inheritance or descent.
• Indirectly elected by voters who directly voted for members of NA.
• Members of NA vote for president who must vacate seat in NA.
What happens if there’s no outright majority ?
The parties will enter into negotiations in order to form a government of more than one party.
Coalition government
Form of government in which political parties cooperate to form a government.
Eligibility of presidency
• Elected amongst learners of NA
• Qualifications for NA membership are in section 47
Term of office of the SA president
Section 88 - 5 years under normal circumstances.
Aim of motion of no confidence
Stripping the president or other members of cabinet from their executive positions when they no longer have political support of legislature.
What can the removal procedure and motion of no confidence be described as ?
Removal - quasi judicial
Motion - political
Powers of the president
Section 84(2), powers as head of state and head of national executive must be distinguished.
Powers as head of national executive
• Explicit power to appoint and implicit power to dismiss
• Act with advice of cabinet
• Section 174 - appoint judges on advice of Judicial Service Commission
What are Acts of state ?
Executive actions primarily concerned with foreign relations like recognition or acquisition of foreign states.