Answer to Question #220378 in Law for Lesedi

Question

Briefly explain the basic structure according to which power is divided between the national, provincial and local spheres of government in South Africa. (5)

Answer 1

National: Laws and policies are approved by Parliament which is made up of the National Assembly and the National Council of Provinces (NCOP). The National Assembly is made up of members of Parliament, elected every five years. The President is elected by Parliament and appoints a Cabinet of Ministers. They act as the executive committee of government and each Minister is the political head of a government department. Each government department is responsible for implementing the laws and policies decided on by Parliament or the Cabinet. Government departments are headed by a Director General and employ Directors (managers) and public servants (staff) to do the work of government.

Provincial: There are nine provincial governments. Every province has a Legislature made up of between 30 and 90 members of the Provincial Legislature (MPLs). Some provincial laws are approved by Legislatures. The Legislature also passes a provincial budget every year. Legislatures are elected in provincial elections that are held with national elections, every five years.

Local: The whole of South Africa is divided into local municipalities. Each municipality has a council where decisions are made and municipal officials and staff who implement the work of the municipality. The Council is made up of elected members who approve policies and by-laws for their area. The Council has to pass a budget for its municipality each year. They must also decide on development plans and service delivery for their municipal area.