Module 1
What is governance1
-The maintenance of law and order.
-The Defence of society against external enemies.
-The advancement of what can be said to be the welfare of the group,
community, society or state.
- Therefore democracy means that the citizens of the country give the
government power to rule
What is governance - - ->
-These public institutions aimed to improve the general welfare of a
society.
-These institution assist government to give service delivery to the
public.
What is governance - - ->
- The system of government that emerged was ‘representative government’
-Citizens elect representatives to govern on their behalf.
-Periodic elections were instituted where the voters could endorse or
reject the actions of the elected representative.
-The reasons is to hold them.
Constitutionalism
-Constitutionalism is found in the modern democracy
-Ensures that power remains with the community to control its elected
representatives.
-The constitution sets out the powers and duties of the authorities, and
allocates certain powers to particular government institutions
<
Origin of government- - ->
- Different families were under the guardianship of a king.
-The purpose of the family was to provide basic needs, such as food,
shelter and water.
-The family group was initially nomadic, means moving from one place to
another.
Origin of government- - ->
- The first communities were ruled by monarchs or royal families based on
descent by bloodline.
-The political change from the Greeks and Romans had an effect in the whole
world.
-Political transformation was effected in the world.
Modern democratic government
- The concept of rule by the people
-A republican tradition derived from Rome and the Italian city states of
the Middle Ages and Renaissance.
-The idea and institution of representative government.
-The logic of political equality.
The three main powers of government are as follows
-Executive
-Judiciary
-Legislature
-These three arms of government are known as a tripartite division of
authority, and can also be called by the Latin legalistic name of the Trias
Politica.
The functions of each of the three arms of states - - - >
-The Legislative authority makes, and repeals laws.
-The executive authority carries out, amends implements and enforces the
laws.
-The judicial authority considers any matter that is in dispute and
determines how the law should be applied to resolve the dispute
- - ->The functions of each of the three arms of states
-The National sphere of government is vested in Parliament
-The Provincial sphere of government is vested in the provincial
legislature.
-The local sphere of government is vested in the municipal councils.
Relationship between governance structures- - ->
-To interact and work together to achieve the goals of government.
-Intergovernmental relations: refers to mutual relations between all
spheres of government and all organs of state in South Africa.
-Intergovernmental relation can be vertical, horizontal or diagonal
Module 2a
- - -> Relationship between governance structures
-Vertical intergovernmental relation: occur between levels of governments
and their organs within a line of authority or a function.
-Horizontal intergovernmental relations
-Diagonal intergovernmental relations
Role and function of the national sphere of government
-President
-Deputy president
-Ministers
The election of the President- - ->
-The Chief Justice or designated judge must call for nominations.
-Nominations must be submitted on the prescribed forms.
-Two members of the National Assembly must sign the form on which a
nomination made
- - ->The election of the President
-The nominee must sign the nomination form as acceptance of the nomination.
-The Chief Justice or a designated judge must announced the names of the
nominees at the same meeting.
-If only one nomination is received, the candidate is declared elected.
Details of the election procedure - - ->
-At the meeting, a vote must be taken by secret ballot.
-Each member present at the meeting may cast one vote.
-NB: The presiding official must declare the name of a person who has
received the majority of votes the elected person.
- - -> Details of the election procedure
-What if more than one candidates is nominate for President:
-The person who receives the lowest number of votes is eliminated.
-If, after the vote, more than one candidate remains, a further vote is
taken.
Functions and responsibilities of the President - - ->
- Assenting to and signing Bills
-Referring a Bill back to the National Assembly for reconsideration of the
Bill’s constitutionality.
-Referring a Bill to the Constitutional Court for a decision on the Bill’s
constitutionality.
- - -> Functions and responsibilities of the President
-Summoning the National Assembly, the NCOP or Parliament to an extraordinary
sitting to conduct special business.
-Making any appointments that the Constitution or Legislation requires the
president to make
-Calling national referendum in terms of an Act of Parliament.
- - -> Functions and responsibilities of the President
-Calling national referendum in terms of an Act of Parliament.
-Receiving and recognizing foreign diplomatic and consular representatives
-Appointing Ambassadors, plenipotentiaries, and diplomatic and consular
representatives.
- - -> Functions and responsibilities of the President
-Pardoning or reprieving offenders and remitting any fines, penalties or
forfeitures.
-onferring honors.
Executive authority of the President- - ->
-Implement national legislation, except where the constitution or an Act of
Parliament provides otherwise.
-Develop and implement national policy.
-Coordinate the functions of state department and administrations
Module 2b
- - -> Executive authority of the President
-Prepare and initiate legislation.
-Perform any other executive function provided for in the Constitution.
Removal of the President- - ->
-A serious violation of the Constitution or law.
- Serious misconduct
- Inability to perform the functions of office.
-Removal in terms of section 89(1) of the constitution
-Through a resolution adopted a supporting vote of two-thirds of its members
The Cabinet
The Cabinet is the group of minister that are under the leadership of the
President:
-President, who heads the head the cabinet
-Deputy President
-The various Ministers
Functions of Cabinet
-Prepare draft legislation, for examples Bills.
-Facilitate implementation of legislation after approval.
-Direct all implementation of legislation as effectively as possible
according to the political policy of the ruling political party.
Non-Departmental institutions - - ->
NB: Non-departmental institution are institutions that assist in providing
information and services to the public, but do not function under the same
strict supervision as government department.
They are divided as follows
-Advisory institutions
-Research and development institutions
-Regulatory institutions.
- - ->Non-Departmental institutions
Advisory institutions
-Advisory Council for Occupational Health and Safety
-Planning Advisory Board
Research and development institution
-National Research Foundation(NRF)
-Council for Scientific and Industrial Research(CSIR)
-Human Sciences Research Council(HSRC)
- - ->Non-Departmental institutions
Regulatory institution
-South African Reserve Bank
-South African Council for the Architectural Profession
-Independent Communications Authority
The National Assembly
-The National Assembly is the first House of Parliament and consists of no fewer
than 350/400 elected members
- Members of Parliament(MP’s)
-They are elected for 5 years by the voters.
-They are elected on the basis of party list proportional representation.
The functions and roles of South African Parliament- - ->
-Approving national budget
-Upholding political rights of citizens and the basic values and principles
governing public administration.
-Ensure public funds are spend appropriately to improve lives of South
Africans.
-Promote values of human dignity, equality, non-racialism, non-sexist
- - ->The functions and roles of South African Parliament
-Ensure provision of the constitution is carried out.
-Make, pass, amend and repeal the law.
-Run joint rules with the National Council of Provinces
-Supervising, inspection of the executive
- Encourage public participation through public hearings.
-Help appointing as public protector and judges.
Reflection of good governance
-Apply for social grants
-Application of identity documents
-Successful reporting of crime to police station
-Drivers’ license
-Provision of electricity
-Provision of R350 for the unemployed youth
Module 2c
The office bearers in the National Assembly
-The speaker
-Whips
-The Leader of Government Business
- NB: They work together to decide on the programme of Parliament. Other
officials in the National Assembly are the committee chairpersons.
The speaker
-The speaker has to ensures that
-Members of the public participate in legislation-making.
- The house oversees and monitors the performance of the executive arm for
effective implementation of legislation already passed by the House
The Whips
-Each political party elects a chief whip to run the affairs of the party.
-The Chief whip of the majority party is the most influential member of the
National Assembly.
-The Chief whip of the largest opposition party is the leader of the
opposition.
The leader of Government Business
-NB: The President appoints the Leader of Government Business Responsible for:
The affairs of the national executive in Parliament.
-Programming of parliamentary business initiated by the national executive,
within the time allocated for that purpose.
-Ensuring that Cabinet members attend to their responsibilities.
The functions of National Assembly - - ->
-Making the laws governing the country
-Debate all the draft laws(bills)
-They can approve, change and reject them
-National Assembly cannot initiate or ament money Bills, because it is only
the finance minister who can present the bill to the Parliament.
- - -> The functions of National Assembly
-However, individual members of the public may also introduce Bill in the
National Assembly.
-The Bills are referred to as private members Bills.(money bill)
-Ministers are required to report on their work and answer questions.
-Each department has a Portfolio Committee
- - -> The functions of National Assembly
-Portfolio committees discuss and make changes to the Bills
-Portfolio committees consult and hold public meetings about the Bills.
-If National Assembly pass the Bill, it will be taken to NCOP to be
scrutinized and changes can be made if possible.
The National Council of Provinces - - ->
-NCOP represents Provinces to ensure that their interests are taken into
consideration.
-It is composed of 10 members from each of the nine provinces composed as
follows:
-Four special delegates drawn from the provincial legislature, including the
Premier of the province.
- - -> The National Council of Provinces
-Six permanent delegates
-No more than 10 part-time representatives, designated by organized local
government(section 67 of constitution)may represent the different categories of
municipalities.
-These representatives cannot vote.
Office-bearers of National Council of Provinces
-Chairperson
-Deputy chairperson
-Whips elected from each Province
NB: These officers oversee the debates
NCOP has the following responsibilities
-Consider, pass, amend or reject any legislation before the Council.
-Initiate or prepare legislation falling within its functional area.
-It cannot initiate or prepare money Bills Constitution,199,section 44(1)
-If there is a disagreement between National Assembly and NCOP, constitution
provides for a Mediation.
Module 3a
The composition of the Mediation Committee
-9 members elected by the National Assembly
-One delegation from each Provincial delegation.
-The 18-Person Committee must agree on the Bill as passed by the National
Assembly and the amended Bill as passed by the NCOP within 30 days
-If they cannot agree on the Bill it lapse.
Roles and functions of provincial government
-Provincial legislature
-Provincial Executive Authority is divided into:
-Premier
-Executive council
-Provincial Functional Departments, such as Education, etc
Composition, powers and functions of the provincial executive
-Powers is vested on the Premier
-Power is exercised together with the other ministers in the executive
-Minister are appointed by the premier
-Members of the executive is between 5 to 10
The responsibility of the Premier- - ->
-Assenting to and signing Bills
-Referring Bills back to the provincial legislature for reconsideration
-Referring Bills to the constitutional Court for a decision on the Bills
constitutionality.
- Summoning the legislature to an extraordinary sitting to conduct special
business.
- - -> The responsibility of the Premier
-Appointing commission of inquiry.
- Calling a referendum in the province in accordance with national
legislation
The Premier exercise the executive authority together with
the ministers- - ->
-Implement provincial legislation in the province.
-Implement all national legislation within the functional area listed in
schedule 4 or 5, except where the constitution or an Act of Parliament provide
otherwise.
-Developing and implementing provincial policy
- - -> The Premier exercise the executive authority together
with the ministers
-Coordinating the functions of the provincial administration and its department.
-Preparing and initiating provincial legislation
-Coordinating the functions of the provincial administration and its
department.
-Performing any other function assigned to the provincial executive in
terms.
Motion of no confidence
-If a provincial legislature, by a vote supported by a majority of its member,
passes a motion of no confidence in the province’ executive council(excluding
the premier) the premier must put together a new council.
-But if the motion passed include the premier, the premier and the other
members resign.
Executive council
-Carries out the governing functions
-Members are called MEC
-They identify the needs of the provincial citizens.
-Suitable steps are initiated, formulated and submitted to the provincial
legislature for considerations
Composition of executive
-The premier as the head of the council
-No few than five and no more than 10 members appointed by premier
-NB: Premier appoint and assigns them their functions and responsibilities.
Obligations of executive council members
-Accountable to the premier and provincial legislature.
-Collectively implements policies.
Module 3b
Compositionn powers and functions of the provincial
legislature- - ->
-Election is based on a provincial segment.
-Representation is based on proportional representation.
-Who cannot be a member of provincial legislature:
-The premier and other members of the executive council of a province.
-Other office-bearers whose functions are compatible with the functions of a
member of a provincial.
- - -> Compositions, powers and functions of the provincial
legislature
-Members of the National Assembly, permanent delegates to the NCOP or members of
a municipal council.
-Unrehabilitated insolvent
-Anyone declared to be unsound mind by South African Court.
-Anyone sentenced to over 12 months imprisonment without a fine option.
Composition of Provincial legislature
-Consists of between 30 to 80 members
-A province with large number of inhabitants will have more members
-NB: Page 32 table 3.1
Powers and functions of the provincial legislature
-considers, passes, amends or rejects any Bill before the legislature.
-Initiates or prepares legislation, except money Bills.
-Ensures that all provincial executive organs of state in the province are
accountable to it.
-Oversees provincial executive authority and organs of state
Laws of the provincial legislature - - ->
-Provinces have the powers to make laws about the following
-Abattoirs
-Ambulances
-Archives other than national archives
-Libraries other than national libraries.
-Liquor licences
-Provincial planning.
- - ->Laws of the provincial legislature
-Museums other than national museums
-Provincial cultural matters
-Provincial recreation and amenities.
-Provincial sports
-Provincial roads
-Veterinary services, excluding regulation of the profession
Provincial government legislature
-Beaches and amusement facilities
-Billboards and the display of advertisements in public.
-Cemeteries, funeral parlours and crematoria.
-Cleansing
-Control of public nuisances.
-Control of undertakings that sell liquor to the public.
-Animals shelters and burial services
-Fencing and fences.
Module 4a
The role and function of local government
-The structure of the municipal council and the demarcation of municipalities,
-Local sphere of government:
-NB: A municipality has a right to govern and using its own initiatives.
The role of local government(section 152 of the constitution)
-Provide democratic and accountable government for local communities.
-Ensure the provision of services to communities in a sustainable manner.
-Promote social and economic development
-Promote safe and healthy environment.
-Involve community groups in local government
Structure of the local sphere of government
-Consists of municipalities instituted for the entire territory of the Republic.
-The aims of a local government are to provide public services:
-In a democratic manner
-According to the specific needs of the particular society
Demarcation of municipalities
-8 metropolitan municipalities
-44 district municipalities
-205 local municipalities
The role of the Municipal Demarcation Board
-Creating municipal boundaries.
-The board has 9 members appointed by the President for five year term.
-The Chairperson serve on a full time basis, but the others only part-time.
-The board must consider the capacity of municipalities to perform their
functions(Municipal Structures Act 117 of 1998).
The legislation provides for the following functions of the
Board
-Determination and re-demarcation of municipal boundaries.
-Delimitation of wards for local elections.
-Assessment of the capacity of district and local municipalities to perform
their functions,
-The declaration, and withdrawal of the declaration of district management
areas.
Three types of municipal outer-boundary determination - - ->
-Type A: Technical and minor boundary re-determinations for the correction and\
or alignment of a municipal boundary with physical or natural features such as
roads, rivers, and mountains.
-Type B: Correct boundary anomalies to improve service delivery and
integration
Three types of municipal outer-boundary determination
-Type C: Amalgamation and categorization for the merging of adjacent municipalities or the splitting of municipal areas to create new municipal areas.
Demarcation categories
-Municipalities are also divided into three different categories:
-Category A municipalities
-Category B municipalities
-Category C municipalities
Category A municipalities- - ->
-Buffalo City Metropolitan Municipality (East London)
-City of Cape Town Metropolitan Municipality.
-City of Johannesburg Metropolitan Municipality
-City of Tshwane Metropolitan Municipality
-Ekurhuleni Metropolitan Municipality.
-eThekwini Metropolitan Municipality.
- - ->Category A municipalities
-Magaung Metropolitan Municipality.
-Nelson Mandela Metropolitan Municipality.
Category A (metropolitan) Municipality
-Govern highly populated areas with intense movement of people, goods and
services.
-Are exceptionally large centre of economic activity.
-They need to have on Integrated Development Plan, because of the strong
social and economic links across the municipality.
-Can only have one municipal(namely uni-city).
Module 4b
Systems of government that can be used
-A municipality with a collective executive system.
-A municipality with a collective executive system combined with a
subcouncil participatory system.
-A municipality with a collective executive system combined with a ward
participatory system.
-Municipal with a collective executive subcouncil and ward participation
Category B municipalities
-Share municipal and executive authority in their area with Category C
municipality within which they fall.
-Category B municipality must have a viable centre of economic activity.
-If not, it's a District Management Area (DMA).
-The District (Category C) municipality performs all the municipal
functions.
The following types of Category B municipalities
-A municipality with a collective executive system.
-A municipality with a collective executive system combined with a ward
participatory.
-A municipality with a plenary executive system.
-A municipality with a plenary executive system combined with a ward
participatory system.
Category C municipalities
-These are the District councils.
-Every District council is made up of a number of local councils.
-It has municipal executive and legislative authority in an area that
includes more than one municipality.
-A municipality with a Collective executive system.
-A municipality with a plenary executive system.
Municipal Councils- - ->
-Section 157 of the Constitution prescribes the structure that local government
must take.
-Structures includes committees and personnel departments.
-Section 151(2) of the Constitution indicates that Executive and Legislative
authority of municipality is vested in its municipal council
- - ->Municipal Councils
-Section 156(1) of the Constitution indicates that a municipality has executive
authority in respect of, and has the right to administer the following:
- The Local government matters listed in Part B of schedule 4 and Part B of
schedule 5. (Page 52)
-Any other matter assigned to it by national or provincial legislation.
- - ->Municipal Councils
-The council.
-Councillors.
-Mayors and executive mayors.
-Executive committees and mayoral committees.
-Permanent and ad hoc committees.
-The municipal manager.
-The town secretary.
-The town treasurer or chief financial officer (CFO)
-Principal officials.
Duties and functions of the municipal council- - ->
-The council has two primary functions, which are:
-To govern
-To represent
-To govern’ means the exercising of authority, in other words the power to:
-Raise taxes
-Proclaim by-laws
- - ->Duties and functions of the municipal council-
-Take decisions that have an influence (negative or positive) on the community.
Appoint personnel and give direction to their activities.
-Allocate resources and to determine priorities.
-Provide or withhold services.
Presentation- - ->
-Be sensitive to public opinion.
-Respond to the needs of the community.
-Refer issues that cannot be solved in the local sphere of government to the
other spheres of government for decision.
- - -> Presentation
-Act or talk on behalf of the community.
-Make balanced decisions based on the ideals of equity and justice for
everyone and not just a particular group.
Module 4c
Councilors: ==>
-Councilors are democratically elected representatives of a local
community.
-Elections are held at intervals of not more than 5 years.
-Those who qualify to vote can be elected as councilors.
<== Councilors:
-Those who are employed by municipality council, employed by any department, members of national assembly, delegates of NCOP or provincial legislature do not qualify to be councilors.
Functions of councilors:
-Committee work
-Acting as committee chairperson
-Ward activities
-Group activities
According to Thornhill, councilors execute the following
functions: ==>
-Councilors are basically representatives and as such they are designated to
contemplate and deliberate communal values and interests.
-Councilors are placed in a precarious position when considering the
interests of their electorate against the interest of the community as a whole.
<== According to Thornhill, councilors execute the following functions: ==>
-Councilors are compelled to serve the interests of the community, and
should, therefore, enact decisions that expedite the generation of prosperity of
the community.
-Councilors pass accountable decisions which serve as guidelines for
municipal employees to legitimize and administer executive actions.
<== According to Thornhill, councilors execute the following functions:
-Councilors are answerable to the electorate for the impact of the council’s decisions on the community.
Ward and proportional councilor:
According to section 157 of the Constitution a ward can either be on
proportional basis or on a basis of a combination or proportional or ward
representation.
What is a ward:
-A ward is a division of a city that elects, and represented by, a councilor in
local government.
-Wards make is easier for cities to represent the people who live in the area,
and easier to deliver services to the area.
What is a proportional representation
-In a proportional system, parties nominate candidates on a party list.
-Nominated candidates must be equal to the number of councilors for that
specific municipality.
-Depending on the proportion of votes cast for the party, it will receive that
number of councilors.
What is a ward councilor:==>
- A ward councilor is elected directly to represent and serve the people in a
specific ward.
-The ward councilors role is to make sure that the interests of the people in
the ward are represented as thoroughly as possible
- He\she is always in touch with the needs and problems in the area.
<== What is a ward councilor: ==>
-They must understand the key problems and monitor development and service
delivery.
-He make sure that the voters are consulted and kept informed about council
decisions, development and budget plans that affects them.
<== What is a ward councilor: ==>