Constitutional Law - First Semester Notes and Case Summaries
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Course
Constitutional Law
Institution
University Of Cape Town (UCT)
This is a complete document with notes for the first semester, it includes notes from the lecture slides, textbook, cases and readings. I got 80% in the June test with these notes and first class for all my assignments.
Parliamentary Oversight
Objective
Acts as a test of democracy ensures gov remains
answerable to the people.
Mandate
The Constitution states that Parliament has the power
to conduct oversight of all organs of state, incl. those at
prov and local gov level. (s 55 (2) (b))
What is oversight?
A fx granted by Con to Parli to monitor and oversee gov
actions.
What does Parli focus on?
The implementation of laws
Application of budgets
Strict observance of laws by Parli and the Con
Effective management of gov departments
Why is oversight important?
Overseeing the actions of gov, Parli is able to ensure that
serv delivery takes place, so that all citizens can live a
better-quality life.
Why does Parli exercise oversight?
To detect and prevent abuse
To prevent illegal and unconditional conduct on the
part of gov
To protect rights and liberties of citizens
Hold government answerable for how taxpayers’
money is spent
Make gov operations more transparent and increase
public confidence in gov
Role of parliamentary committees
,Est as instruments of the Houses (NCOP + NA) i.t.o. Con
to facilitate o.s. and monitor gov.
Committees scrutinise legislation, o.s. gov action, and
interact with the public. E.g. portfolio comms, ad hoc
(impromptu) comms and standing comms.
Consideration by comm’s of annual reports of organs of
state and reports to the Auditor-Gen. (s 8)
, Functions of parliamentary committees
Drafting legislation
Examining and revising proposals submitted to them
by the exec
Holding cabinet ministers and their departmental
chiefs responsible for the manner in which they
exercise their exec powers.
Separation of Powers and Parliamentary Oversight
Members of Parliament (MPs)
Are not directly elected instead we vote for political
parties who compile lists of representatives and
determine where each representative will be
deployed.
Problem – they may be swayed by party politics and
may not necessarily act in the public’s interest
because they are focused on the party being re-
elected not themselves.
MPs do not run in their personal capacity but rather
on behalf of the party.
Whether this feature of SA’s political system
has an impact on parliament’s oversight over
the exec?
Parliamentary oversight under the Constitution
Primary functions of the legislature
Enact laws
Making financial appropriations for the government
Parliamentary oversight
Holding the national exec only accountable has a
trickle-down effect on the whole exec bureaucracy.
Secondary functions of the legislature (because they
share with for example the judiciary and Ch 9 institutions
– designed to hold exec power in check
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