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Politics of South Africa - Wikipedia
Politics of South Africa - Wikipedia
Politics of South Africa - Wikipedia
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On 15 November 1926, the Balfour Declaration was adopted at the 1926 Imperial Conference. This
document made the dominions of the British Empire including South Africa equal to each other and
the United Kingdom. In practice, this made the Union of South Africa a self-governing dominion of
the British Empire. The Union of South Africa became formally independent in 1931 when the Statute
of Westminster was passed. It gave the Parliament of South Africa the power to make laws for South
Africa without the approval of the Parliament of the United Kingdom.
In 1948, the National Party of South Africa adopted a policy of institutional racial segregation called
apartheid. People of colour, especially the majority black population, were deprived of the few rights
they had. Racial classification and discrimination was used to distribute economic resources and
control political power. The white population, particularly the Afrikaners, controlled the political
system. Black people were disenfranchised in all provinces of South Africa.
In 1961, South Africa became a Republic. The British monarch was replaced as head of state by a
President elected by the minority of the population through elected representatives. In 1970, the
Homeland Citizens Act was passed. It built on the system of reservations for the indigenous black
African population to create a system of superficially independent black countries. Many Black people
were deprived of their South African citizenship and instead became citizens of the Bantustan of their
tribe. They were not recognized by a majority of the world's countries and the extent of their
independent control over internal affairs was highly limited.
The African National Congress (ANC) led the fight against this system of apartheid. After intense
international pressure and domestic struggle, the De Klerk government repealed or relaxed many
apartheid laws. After negotiations between the ANC, Inkatha Freedom Party, NP and other
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organizations, apartheid was formally abolished and the Interim Constitution was passed. The
Bantustans were abolished and reintegrated into South Africa and their citizens regained South
African citizenship.
The Government of National Unity (GNU) established under the interim constitution ostensibly
remained in effect until the 1999 national elections. The parties originally comprising the GNU – the
African National Congress (ANC), the National Party (NP), and the Inkatha Freedom Party (IFP) –
shared executive power. On 30 June 1996, the NP withdrew from the GNU to become part of the
opposition.
Many of the principles of racial equality, majority democracy and minority rights that it established
were translated into the final Constitution of South Africa that was adopted in 1996 and which
remains in force. It sets out the structure of the government, protects fundamental human rights,
creates mechanisms of accountability and divides legislative and executive power among the national,
provincial and local spheres of government.
Government
South Africa is a parliamentary
representative democratic republic,
wherein the President of South Africa,
elected by parliament, is the head of
government, and of a multi-party system.
It consists of three branches. The Houses of The Union Buildings The seat of the
Parliament in the in the administrative Supreme Court of
The executive branch consists of the legislative capital capital of Pretoria. Appeals is located in
President of South Africa and the Cabinet of Cape Town is the judicial capital of
of South Africa. The President is elected the seat of the Bloemfontein.
by the Parliament of South Africa for a Parliament.
five-year term. The President may only
serve two terms. By convention this
position is occupied by the leader of the largest party in the National Assembly. The President
appoints other members of the Cabinet called Ministers. Ministers oversee executive government
departments. The Cabinet forms and executes policy and most legislative proposals originate from the
Cabinet. The President and members of the Cabinet are accountable to the National Assembly. It has
the power to remove them from office by passing a motion of no confidence and it has the power to
hold them accountable through oral and written replies to questions from Members of Parliament.
The legislative branch consists of the Parliament. The Parliament consists of two chambers: the upper
house is the National Council of Provinces (NCOP) and the lower house is the National Assembly. In
practice, the National Assembly is by far the more powerful house. It controls the composition of the
government and its approval is required for most legislative proposals to become law. The NCOP
provides equal representation to South Africa's nine provinces and its approval is required for laws
that affect South Africa's provinces and cultural communities. Whereas the National Assembly is
elected by party proportional representation, the NCOP is elected by the legislatures of each province.
The judicial branch consists of the courts. It interprets and enforces laws. The highest court for
constitutional matters is the Constitutional Court of South Africa. It has the power to strike down laws
that conflict with the Constitution. The Supreme Court of Appeals is the highest court for non-
constitutional matters. The High Court of South Africa is a court of general jurisdiction with appellate
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powers. It is divided into divisions that have authority over a geographic region of the country.
Magistrate Courts serve as courts of first instance. There are specialized courts and tribunals with
power that can be equivalent to the Supreme Court of Appeals.
Constitution
Following the 1994 elections, South Africa was governed under an
interim constitution. This constitution required the Constituent
Assembly (CA) to draft and approve a permanent constitution by 9
May 1996. The present constitution was passed in 1996 and
promulgated by President Nelson Mandela in 1997. It is the highest
law in the land; all other laws are expected to abide by and conform
to the principles of the constitution. The Constitution not only sets
out the structure of the three branches of government and the
fundamental human rights of all of South Africa's people, but it
provides for the management of public funding, the delineation of
the boundaries and organization of Provinces, the formation of
Chapter 9 Institutions to hold the government accountable.
After the 2009 elections, the ANC lost its two-thirds majority in the national legislature which had
allowed it to unilaterally alter the constitution.
The Congress of South African Trade Unions (COSATU) and the South African Communist Party
(SACP) are in a formal alliance with the ruling ANC (the so-called Tripartite Alliance), and thus do
not stand separately for election.
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Human rights
The constitution's bill of rights provides extensive guarantees, including equality before the law and
prohibitions against discrimination; the right to life, privacy, property, and freedom and security of
the person; prohibition against slavery and forced labour; and freedom of speech, religion, assembly,
and association. The legal rights of criminal suspects also are enumerated. It also includes wide
guarantees of access of food, water, education, health care, and social security. The constitution
provides for an independent and impartial judiciary, and, in practice, these provisions are respected.
Citizens' entitlements to a safe environment, housing, education, and health care are included in the
bill of rights, and are known as secondary constitutional rights. In 2003 the constitutional secondary
rights were used by the HIV/AIDS activist group the Treatment Action Campaign as a means of
forcing the government to change its health policy.
Violent crime, including violence against women and children, and organised criminal activity are at
high levels and are a grave concern. Partly as a result, vigilante action and mob justice sometimes
occur.
Some members of the police are accused of applying excessive force and abusing suspects in custody;
as a result, the number of deaths in police custody remains a problem. In April 1997, the government
established an Independent Complaints Directorate to investigate deaths in police custody and deaths
resulting from police action.
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Some discrimination against women continues, and discrimination against those living with
HIV/AIDS is becoming serious.
Notable politicians
Many leaders of former bantustans or homelands have had a role in South African politics since their
abolition.
Mangosuthu Buthelezi was chief minister of his Kwa-Zulu homeland from 1976 until 1994. In post-
apartheid South Africa he has served as President of the Inkatha Freedom Party.
He was a Minister in
President Mandela's cabinet. He also served as acting President of South Africa when President
Nelson Mandela was overseas.
Bantubonke Holomisa, who was a general in the homeland of Transkei from 1987, has served as the
president of the United Democratic Movement since 1997. Today he is a Member of Parliament.
General Constand Viljoen was a former chief of the South African Defence Force, who, as a leader of
the Afrikaner Volksfront, sent 1500 of his militiamen to prop up the government of Lucas Mangope
and to contest the termination of Bophuthatswana as a homeland in 1994. He co-founded the
Freedom Front in 1994. He retired from being a Member of Parliament before his death in 2020.
Lucas Mangope, former[6] chief of the Motsweda Ba hurutshe-Boo-Manyane tribe of the Tswana, ex-
president of the former bantustan of Bophuthatswana, was the leader of the United Christian
Democratic Party.
References
1. "Axed defence minister Nosiviwe Mapisa-Nqakula is the new National Assembly Speaker" (https://
www.news24.com/amp/news24/southafrica/news/axed-defence-minister-nosiviwe-mapisa-nqakul
a-is-the-new-national-assembly-speaker-20210819).
2. "Local Government Elections 2011" (http://www.elections.org.za/content/LGEPublicReports/197/D
etailed%20Results/National.pdf) (PDF). Results Summary - All Ballots. Independent Electoral
Commission. Retrieved 22 May 2011.
3. The Economist Intelligence Unit (8 January 2019). "Democracy Index 2019" (https://www.eiu.com/
public/topical_report.aspx?campaignid=democracyindex2019). Economist Intelligence Unit.
Retrieved 13 January 2019.
4. Greffrath, Wynand Neethling (2015). State dysfunction : the concept and its application to South
Africa (https://www.academia.edu/27002674) (Thesis thesis).
5. Political tolerance on the wane in South Africa (http://sabarometerblog.wordpress.com/archive/vol
ume-eight-2010/political-tolerance-on-the-wane-in-south-africa/), Imraan Buccus, University of
KwaZulu-Natal, SA Reconciliation Barometer, 2011
6. "Mangope, Lucas Manyane - The O'Malley Archives" (https://www.nelsonmandela.org/omalley/ind
ex.php/site/q/03lv02424/04lv02426/05lv02560.htm). www.nelsonmandela.org. Retrieved
11 September 2016.
Bibliography
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South Africa. The Constitution of the Republic of South Africa, 1996. Available
athttps://www.gov.za/documents/constitution-republic-south-africa-1996.
United Kingdom. South Africa Act, 1909. Available at
https://media.law.wisc.edu/s/c_8/jzhy2/cbsa1.pdf
United Kingdom. Statute of Westminster, 1931. Available at
https://www.legislation.gov.uk/ukpga/1931/4/pdfs/ukpga_19310004_en.pdf
United Kingdom. Balfour Declaration, 1926.
South Africa. Bantu Homeland Citizenship Act, 1970. Available at
http://disa.ukzn.ac.za/leg19700309028020026
South Africa. Constitution of South Africa, Act 200 of 1993. Available at
https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200-1993
South Africa. Status of the Union, Act 69 of 1934.
Further reading
Habib, Adam (2013). South Africa's suspended revolution - Hopes and prospects. Wits University
Press. ISBN 978-1-86814-608-6.
Plaut, Martin; Holden, Paul (2012). Who Rules South Africa?. Biteback Publishing. ISBN 978-
1849544085.
Thuynsma, Heather (Ed.) (2017). Political Parties in South Africa - Do They Undermine or
Underpin Democracy?. Africa Institute of South Africa. ISBN 978-0-7983-0514-3.
External links
Dynamics in the slow reform legislations (http://news.bbc.co.uk/2/hi/africa/4493623.stm)
Institute for Democracy (http://www.idasa.org)
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