Theme 11

Question 1

What is legislative authority ?

Answer 1

The power granted to certain organs of stage to enact, amend and repeal rules of law.

Question 2

Which section providers the legislative authority ?

Answer 2

Section 43
Section 44 for parliament
Section 104 for provincial legislature
Section 156 for municipal councils

Question 3

Functions of modern parliament

Answer 3

1. Representation of the people
2. Control over the executive
3. Administrative, discipline of members.
4. Legislative, amend laws.

Question 4

Members of NA

Answer 4

Section 46 - 350-400 elected through an electoral system prescribed by national legislation, National common voters roll and provided for minimum voting age.

Question 5

Members of NCoP

Answer 5

Section 60 - 10; 1 Premier or designated member, 3 other special delegates, 6 permanent delegates

Question 6

The right to franchise

Answer 6

Protected in section 19 must be general, equal, secret and direct. Can be limited.

Question 7

NNP CASE

Answer 7

Voter registration before citizens can exercise their right to vote is a constitutional requirement and not a limitation on their right to vote. Had to be reevaluated.

Question 8

Ritcher v Minister of Home Affairs

Answer 8

• 20 SA citizen working in UK did not qualify to vote under section 33(1)(d) of Electoral Act.
• Section 33(1)(e) provides a registered voter unable to vote on polling day had to be allowed a special vote if absence from republic was for holiday, trip, institution or sports event. Had to notify commission 15 days after election of absence and intention.
• HC order declaring section 33(1)(b) unconstitutional and invalid for “temporarily” and “purposes of a holiday”
• CC held that provision preventing vote violated section 19 and has to be justifiable ito section 36.
• Section 33(1)(e) constituted a limitation.

Question 9

ANC v DA

Answer 9

• interpret section 89(2)(c) of Electoral Act
• SMS sent out that Zuma stole money for Nkandla
• Free Speech during elections
• Did not apply to public opinions and appeal was dismissed

Question 10

New Nation Movement

Answer 10

• Electoral Act 73 of 1998 constitutionality
• Unjustifiably limits right to stand up for public office as independent candidates - thus infringing on political rights and freedom of association
• HC dismissed application
• CC found it unconstitutional

Question 11

Implications of Electoral Amendment

Answer 11

1. Opening up political participation beyond traditional structures
2. Enhanced representation without party affiliations
3. Challenges for parties increased competition
4. Accountability and diversity

Question 12

Purpose of electoral reform consultation panel

Answer 12

• Broader electoral reform
• Extended election timeline for roll inspection and ballot production

Question 13

Regional seats

Answer 13

Different provinces are adequately represented.

Question 14

Compensatory seats

Answer 14

Crucial role in ensuring fairness and balancing representation